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. Contractor/manufacturer is Jasc Software, Inc., PO Box 44997, Eden Prairie MN 55344.
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. The Software and any accompanying materials are provided with Restricted Rights. You agree that you will not export the Software or documentation except in compliance with the laws and regulations of the United States. 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.ĮXPORT LAWS. IN NO EVENT WILL JASC BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SOFTWARE. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 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. 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. 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.ĭISCLAIMER OF WARRANTIES. 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.
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. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any.
This Agreement will terminate automatically without notice from Jasc if you fail to comply with any provision of this Agreement. This Agreement is effective until terminated.
In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary basis. Upon a transfer to a third party you must destroy all backups. Upon a transfer, you must remove all copies of the Software from the computer from which it was transferred. You may also transfer the Software from one of your computers to another. 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 not distribute copies of the Software or accompanying written materials to others. You must reproduce and include the copyright notice on the backup copy. You may make one (1) copy of the Software solely for backup purposes. Jasc and its suppliers retain the copyright, title and ownership of the Software and the written materials.ĬOPIES.
You may not have a previous version and the related upgrade version installed on separate computers at any time. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supercedes any prior Agreements. 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. You may use the Software on a single computer. 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.
PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. By installing and/or using this software, you are agreeing to become bound by the terms of this agreement. This is a legally binding agreement between you and Jasc Software, Inc.
This is what it says when you install it.