This is a legally binding agreement between you and Jasc Software, Inc. ("Jasc"). By installing and/or using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
GRANT OF LICENSE.
Jasc grants to you a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this Agreement. You may use the Software on a single computer. If you have purchased a site license, you may use the Software on the number of computers defined by and in accordance with the site license.
UPGRADES.
If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supercedes any prior Agreements. You may continue to use the previous version of the Software for 90 days after purchase of your upgrade, provided that both the previous version and the upgrade are installed on the same computer. 90 days after purchase of the up-grade, you must uninstall and discontinue use of the previous version.
OWNERSHIP OF SOFTWARE.
Jasc and its suppliers retain the copyright, title and ownership of the Software and the written materials.
COPIES.
You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. No other copying is permitted. You may not distribute copies of the Software or accompanying written materials to others.
TRANSFERS.
You may transfer the Software to another person provided that you notify Jasc of the transfer and the person to whom you transfer the Software agrees to be bound by this Agreement. You may also transfer the Software from one of your computers to another. Upon a transfer, you must remove all copies of the Software from the computer from which it was transferred. Upon a transfer to a third party you must destroy all backups. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary basis.
TERMINATION.
This Agreement is effective until ter-minated. This Agreement will terminate automatically without notice from Jasc if you fail to comply with any provision of this Agreement. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any.
LIMITED WARRANTY.
Jasc warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, Jasc's sole liability shall be to (a) replace the defective media or (b) refund the purchase price, at Jasc's option. You must return the Software to Jasc or an authorized dealer with your dated invoice during the 90-day warranty period in order to receive a refund or replacement. Jasc or its suppliers provide a Year 2000 Readiness Statement as shown on the reverse side of this envelope.
DISCLAIMER OF WARRANTIES.
JASC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
OTHER WARRANTIES EXCLUDED. JASC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM ANY CAUSE EVEN IF JASC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL JASC BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SOFTWARE. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date you receive the Software.
EXPORT LAWS.
You agree that you will not export the Software or documentation except in compliance with the laws and regulations of the United States.
US GOVERNMENT RESTRICTED RIGHTS.
The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Jasc Software, Inc., PO Box 44997, Eden Prairie MN 55344.
GENERAL. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota and the Federal Arbitration Act and shall benefit Jasc, its successors and assigns. Any claim or dispute between you and Jasc or against any agent, employee, successor or assign of Jasc related to this Agreement or the Software shall be resolved by binding arbitration in Minneapolis, MN by and under the rules of the American Arbitration Association. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
