License Agreement for the Evaluation Version of JImageConnect Software
This License Agreement is a legal agreement between you ("Licensee") (either an
individual or a single entity) and JImageConnect.com for evaluation version of
the software product JImageConnect
which includes computer software and electronic documentation (collectively
the "SOFTWARE").
Read it carefully before completing the installation process and
using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally,
please destroy the copy immediately.
By installing, copying, or otherwise using the SOFTWARE, you agree
to be bound by the terms of this License Agreement. If you do not agree to the
terms of this License Agreement, JImageConnect.com is unwilling to license the
SOFTWARE. In such event, you may not install, copy or otherwise use the
SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE
READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
-------------------------
I. GRANT
-------------------------
Subject to the provisions contained herein, JImageConnect.com hereby grants you,
Licensee a non-exclusive, non-transferable limited license to install and use
one (1) copy of its proprietary software ("Software"), described as
JImageConnect , for the sole purpose of testing and evaluating whether to
purchase an ongoing license to the Software. Licensee may make one (1) copy of
the SOFTWARE solely for backup or archival purposes, provided that Licensee
reproduces and includes all copyright and other proprietary notice(s) on the
copy.
-------------------------
II. DISTRIBUTION
-------------------------
In order to reproduce and distribute any binary/executable files which have
been generated in accordance with this license, Licensee must be registered
with JImageConnect.com as an authorized licensee. Licensee may then distribute
binary/executable files containing linked versions of the components.
Distribution of the software components as part of other component libraries is
strictly prohibited under any and all circumstances. Licensee may not reproduce
or distribute copies of the individual software components, source code, any of
the documentation, nor may Licensee supply any means by which your users could
create or modify any SOFTWARE related files or installation. Violations will be
prosecuted to the maximum extent possible under law.
-------------------------
III. RESTRICTIONS
-------------------------
Licensee may NOT:
(a) Decompile, reverse engineer, disassemble or otherwise reduce
the SOFTWARE to a human perceivable form.
(b) unlock or bypass any "copy-protection" or authentication algorithm utilized
by the program
(c) Rent, lease, lend, transfer or otherwise transfer rights to the SOFTWARE.
(d) Translate, adapts, modify the SOFTWARE or create derivative works based
upon the SOFTWARE or any part thereof.
(e) Remove any proprietary notices, dialogs or labels on the SOFTWARE.
(f) Use the SOFTWARE to encode, reproduce or copy any material or intellectual
property you do not have the right to encode, reproduce or copy.
-------------------------
IV. EVALUATION PERIOD AND TERMINATION
-------------------------
This License Agreement will commence upon Licensee's first installation of the
SOFTWARE and will expire and terminate thirty (30) days thereafter
("EVALUATION PERIOD"). JImageConnect.com may terminate this License Agreement if
Licensee fails to comply with the terms and conditions of this License
Agreement. In such event, Licensee must destroy all copies of the SOFTWARE and
all of its component parts. All provisions relating the ownership, disclaimer
of warranties, limitation of liability and the general provisions shall survive
the termination of this License Agreement.
-------------------------
V. TITLE
-------------------------
Ownership rights, and intellectual property rights in and to the Software and
Documentation shall remain in JImageConnect.com and/or its suppliers. This Agreement
does not include the right to copy or sub-License the Software and is personal
to you and therefore may not be assigned (by operation of law or otherwise) or
transferred without the prior written consent of JImageConnect.com. The foregoing
License Agreement gives Licensee limited rights to use the SOFTWARE during the
EVALUATION PERIOD. You further agree not to modify or create derivative works
of the Software.
-------------------------
VI. DISCLAIMER OF WARRANTIES
-------------------------
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND,
INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD
THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN
ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT
LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS
ITS REQUIREMENTS.
-------------------------
VII. LIMITATION OF LIABILITY
-------------------------
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL JImageConnect.com OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT WILL JImageConnect.com BE LIABLE FOR ANY DAMAGES IN
EXCESS OF JImageConnect.com'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF
JImageConnect.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
-------------------------
VIII. ENTIRE AGREEMENT
-------------------------
This License Agreement constitutes the entire agreement between Licensee and
JImageConnect.com and supersedes any other prior agreements or understandings, whether
oral or written, regarding the SOFTWARE. If a provision of this agreement is
deemed null and void, invalid or without effect, the remainder of this
agreement shall remain in effect.