License Agreement For Using JFTP
IMPORTANT! PLEASE READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN THE LICENSOR (AS DEFINED BELOW), AND YOU (AS DEFINED BELOW). BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU HAVE ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR COMPUTER AND DESTROY ALL COPIES.
Upon Your acceptance of this License Agreement (the "Agreement"), the Licensor grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:
DEFINITIONS
"Licensor" shall be taken to mean jMethods, Inc., a Nebraska corporation, whose address is 15356 Pratt plz., #273, Omaha, Nebraska 68116, U.S.A. Licensor's web address is www.jMethods.com.
"Licensee" shall be taken to mean the person, persons or legal entity exercising rights under, and complying with all of the terms of, this Agreement.
"Software" shall be taken to mean the jMethods computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto.
"Commercial License" shall be taken to mean a license used for commercial purposes.
"Non-Commercial License" shall be taken to mean a license used by an individual for personal use, non-commercial entity or university user.
"You" shall be taken to mean the Licensee under this Agreement.
NON-COMMERCIAL LICENSE
To qualify for a Non-Commercial License, Licensee must:
The term "Non-Commercial Entity" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for non-commercial purposes. "Non-Commercial Purposes" means for personal use only (such as connecting to an Internet Service Provider for personal use, hobby, recreational or educational purposes). The Term "University Users" is limited to students, faculty, members, researchers, administrators, support staff, and employees of a university when acting in this capacity.
If Licensee qualifies for a Non-Commercial License, Licensee may use the Software free of charge. The Licensor reserves the right to further clarify the terms for individual, Non-Commercial Entity and University Users in its sole determination.
For the avoidance of doubt, the following are considered examples of commercial uses of the Software:
If Licensee does not qualify for a Non-Commercial License, Licensee can evaluate the Software for a period of sixty (60) days from the date of installation of the Software.
After the evaluation period, if Licensee would like to continue using the Software, Licensee must obtain a Commercial License by Purchasing the Software. If Licensee does not wish to continue using the Software beyond the evaluation period, Licensee should promptly remove the Software from Licensee's computer and delete all copies.
COMMERCIAL LICENSE
If Licensee uses the Software for commercial uses, Licensee can evaluate the Software for a period of sixty (60) days from the date of installation of the Software. After the evaluation period, if Licensee would like to continue using the Software, Licensee must obtain a Commercial License by purchasing the Software. If Licensee does not wish to continue using the Software beyond the evaluation period, Licensee should promptly remove the Software from Licensee's computer and destroy all copies.
For the avoidance of doubt, the following are considered examples of commercial uses of the Software:
GRANT OF LICENSE
The Software and documentation which accompanies this Agreement is the property of the Licensor. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of the Licensor.
Licensee's acceptance of this Agreement gives Licensee certain obligations
and limited rights to use the Software as set forth in this Agreement.
Licensee may:
Licensee may not:
For exceptions or modifications to this Agreement, please contact the Licensor.
REPRESENTATIONS AND WARRANTY
Licensee represents and warrants that:
If Licensee has paid a license fee for the Software, then for a period of thirty (30) days from the date of purchase of the Software, the Licensor warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by the Licensor will be free from defects in materials and workmanship. In the event of said defect, Licensor's sole responsibility shall be to replace the defective Software.
DISCLAIMER OF WARRANTIES
THIS SOFTWARE IS PROVIDED "AS IS" AND THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES (WRITTEN OR ORAL). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER AND TO ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NO WARRANTY IS MADE THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS.
RETURN POLICY
Since the Software is available for evaluation for a reasonable period of time, Licensor will not issue a refund for said Software.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY STATED ABOVE, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR DAMAGES TO OR THROUGH LICENSEE, ANY END USER, OR ANY OTHER PERSON OR ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR SERVICE PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF ACTUAL, PROVEN DIRECT DAMAGES OR THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.
INDEMNIFICATION
Licensee agrees to indemnify, hold harmless and defend Licensor at Licensee's expense, against any and all third-party claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses incurred by Licensor arising out of or relating to Licensee's (a) violation or breach of any term of this License, or (b) use or issue of.
TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement, the Licensor may terminate this Agreement and Licensee's right and license to use the Software. Licensee may terminate this Agreement at any time by notifying the Licensor. Upon the termination of this Agreement, Licensee must delete the Software from Licensee's computer and archives.
GOVERNMENT END USERS
If Licensee is acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
EXPORT CONTROLS
The Software and all underlying information and technology is subject to U.S. export controls, including the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. Licensee is responsible for complying with all trade regulations and laws, both foreign and domestic.
GENERAL
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions of this Agreement. This Agreement will be governed by the laws of the State of Nebraska.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS.