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By installing any software product (which may consist of software,
sample source code, documentation and other items; hereafter: "Software")
created by Jetosoft, Inc., you agree to be bound by the terms and
conditions of this License Agreement. As used in this License Agreement,
"You" shall mean the individual using or installing the
Software together with any individual or entity, including but not
limited to your employer, on whose behalf you are acting in using
or installing the Software. You shall be the "Licensee"
under this License Agreement.
This License Agreement constitutes the complete agreement between
you and Jetosoft, Inc. No amendment or modification may be made to
this Agreement except in form of writing signed by you and Jetosoft, Inc.
If you do not agree to any of the the terms and conditions of the
Agreement, you must discontinue use of the Software immediately.
1. GRANT OF LICENSE
Jetosoft, Inc. grants to You only, the Licensee, the non-exclusive,
nontransferable right to use the Software in accordance with the
license You purchase as detailed below. If You are using this product
for your employer, this agreement also includes your employer. You
may only use the Software on servers for which the Software is licensed.
Software that is distributed as an evaluation or demo may only be
used for testing and evaluation purposes.
2. LICENSE TERMS
I. The
Personal License allows royalty free use of the Software
one effective user. The use of the software under the Personal License
is restricted to a single user. The number of installations under
the Personal License is limited two copies. As the licensee you
may not resell, rent, lease or distribute to third parties. You
must not install the software on a web server that is connected
to the Internet.
II. The
Enterprise License allows royalty free use of the Software
in one developer to integrate the Software into the organization's
applications provided that the developer ensures does not distribute
the Software outside the organization. The number of installations
under the Enterprise License is not limited. As the licensee you
may not resell, rent, lease or distribute to third parties. You
must not install the software on a web server that is connected
to the Internet.
III.
The Distribution License grants you the non-exclusive
right to redistribute and bundle the software as a component of
our application or applications. As the distributor you may not
resell, rent, lease or distribute the components and Software alone.
The Software may only be usable as part of, and in connection with,
the bundled application. Within your company the terms of the Distribution
License apply.
As the distributor you may not resell, rent, lease or distribute
Software that would compete directly with Jetosoft, Inc. Therefore,
the application You distribute shall not be a software development
tool intended for distribution to other software developers or programmers.
All source code or documentation provided by Jetosoft, Inc. must
not be distributed with your applications or applications. Only
components clearly identified as redistributable may be redistributed
with your application or applications. The installation routine
of Software will place any redistributable parts of Software into
a location marked as "Redist".
You must provide a copyright notice in your application's about
box or startup screen. The exact wording is detailed in the User's
Manual of the Software and denotes Jetosoft, Inc. as the legal copyright
owner for the Software products provided.
3. COPYRIGHT
The Software as developed by Jetosoft, Inc. and the accompanying
materials are copyrighted and contain proprietary information. Unauthorized
copying of the Software or accompanying materials even if modified,
merged, or included with other software, or of the written materials,
is expressly forbidden. You may be held legally responsible for
any infringement of intellectual property rights that is caused
or encouraged by your failure to abide by the terms of this Agreement.
You may make copies of the Software solely for backup purposes provided
the copyright and trademark notices are reproduced in their entirety
on the backup copy. Jetosoft, Inc. reserves all rights not specifically
granted to Licensee.
Jetosoft, Inc. warrants that Jetosoft, Inc. is the sole owner of all
patents, copyrights or other applicable intellectual property rights
in and to the Software unless otherwise indicated in the documentation
for the Software. Jetosoft, Inc. shall defend and hold Licensee harmless
from any third party claims for intellectual property infringement
for properly licensed Software provided by Jetosoft, Inc.
You do not own the Software. The Software and documentation are
licensed, not sold, to you. You may not rent, lease, display or
distribute copies of the Software to others except under the conditions
of the Corporate Distribution License or Developer Distribution
License as detailed above. You may not disassemble, decompose or
otherwise reverse engineer the Software. You must not alter the
Software.
4. TERMINATION
This Agreement is effective until terminated. This Agreement will
terminate automatically without notice from Jetosoft, Inc. if you
fail to comply with any provision contained herein or if the funds
paid for the license are refunded or are not received. Upon termination,
you must destroy the Software, and all copies of them, in part and
in whole, including modified copies, if any. If you have distributed
Software with an application under the Corporate Distribution License,
you must cease to use said Software immedialtely.
5. WARRANTY AND RISKS
Although extensive efforts have been made to assure that the Software
is date compliant, correct, reliable, and technically accurate,
the Software is licensed to you as is and without warranties as
to performance of merchantability, fitness for a particular purpose
or use, or any other warranties whether expressed or implied. You,
your organization and all users of the Software, assume all risks
when using it. As a distributor of software You assume all risks
when distributing it and shall hold Jetosoft, Inc. harmless from
any third party claims. The manufacturers, distributors and resellers
of the Software shall not be liable for any consequential, incidental,
punitive or special damages arising out of the use of or inability
to use the Software or the provision of or failure to provide support
services, even if we have been notified of the possibility of such
damages. In any case, the entire liability under any provision of
this agreement shall be limited to the greater of the amount actually
paid by You for the Software or the equivalent of USD 5.00.
6. SUPPORT, UPGRADES AND SERVICE RELEASES
Jetosoft, Inc. shall offer one year free technical support and product
upgrades to the Licensee.
7. CONTROLLING LAW AND SEVERABILITY
This License Agreement shall be governed by and construed in accordance
with the laws of the BVI, as applied to agreements entered into
and to be performed entirely within BVI between BVI residents. The
courts of the Borough of Tortola under this cirumstances shall have
exclusive jurisdiction and venue over any dispute, proceeding or
action arising out of or in connection with this License Agreement
or your use of the Software. If for any reason a court of competent
jurisdiction finds any provision of this License Agreement, or portion
thereof, to be unenforceable, that provision of the License Agreement
shall be enforced to the maximum extentpermissible so as to effect
the intent of the parties, and the remainder of this License Agreement
shall continue in full force and effect.
8. TERMINATION
This Agreement is effective until terminated. This Agreement will
terminate automatically without notice from Jetosoft, Inc. if you
fail to comply with any provision contained herein or if the funds
paid for the license are refunded or are not received. Upon termination,
you must destroy the Software, and all copies of them, in part and
in whole, including modified copies, if any. If you have distributed
Software with an application under the Corporate Distribution License,
you must cease to use said Software immedialtely.
9. NON-WAIVER
The failure by either party at any time to enforce any of the provisions
of this License Agreement or any right or remedy available hereunder
or at law or in equity, or to exercise any option herein provided,
shall not constitute a waiver of such provision, right, remedy or
option or in any way affect the validity of this License Agreement.
The waiver of any default by either party shall not be deemed a
continuing waiver, but shall apply solely to the instance to which
such waiver is directed.
Jetosoft, Inc.
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