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- BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING
- TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
- TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO"
- BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE
- OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A
- FULL REFUND.
-
- J-TERM PRO END USER LICENSE AGREEMENT
-
- This Agreement has 3 parts. Part I applies if you
- have not purchased a license to the accompanying
- software (the "Software"). Part II applies if you
- have purchased a license to the Software. Part III
- applies to all license grants. If you initially
- acquired a copy of the Software without purchasing
- a license and you wish to purchase a license, contact
- Jones Automation, Inc. (JAI) on the web at
- http://www.jonesautomation.com or by
- telephone at (205) 864-0068.
-
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT
- (YET) PAID (LIMITED TO EVALUATION USE) GRANT.
-
- JAI grants you a non-exclusive license to use the
- Software free of charge if your use of the Software
- is for the purpose of evaluating whether to purchase
- an ongoing license to the Software. The evaluation
- period is limited to 30 days. If you are using the
- Software free of charge, you are not entitled to
- hard-copy documentation (where available), support
- or telephone assistance (except to report possible
- bugs in Software).
-
- DISCLAIMER OF WARRANTY.
-
- Free of charge Software is provided on an "AS IS"
- basis, without warranty of any kind, including without
- limitation the warranties of merchantability, fitness
- for a particular purpose and non-infringement. The
- entire risk as to the quality and performance of the
- Software is borne by you. Should the Software prove
- defective, you and not JAI assume the entire cost of
- any service and repair. This disclaimer of warranty
- constitutes an essential part of the agreement. SOME
- JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
- WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
- YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
- JURISDICTION.
-
-
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license
- fees, JAI grants to you a non-exclusive license
- to use the Software and accompanying documentation
- ("Documentation") in the manner described in Part III
- below under "Scope of Grant."
-
- LIMITED WARRANTY.
-
- JAI warrants that for a period of ninety (90)
- days from the date of acquisition, the Software,
- if operated as directed, will substantially achieve
- the functionality described in the Documentation.
- JAI does not warrant, however, that your use of the
- Software will be uninterrupted or that the operation
- of the Software will be error-free. JAI also warrants
- that the media containing the Software, if provided
- by JAI, is free from defects in material and workmanship
- and will so remain for ninety (90) days from the date
- you acquired the Software. JAI's sole liability for any
- breach of this warranty shall be, in JAI's sole discretion:
- to replace your defective media; or to advise you how to
- achieve substantially the same functionality with the
- Software as described in the Documentation through a
- procedure different from that set forth in the
- documentation; or if the above remedies are impracticable,
- to refund the license fee you paid for the Software.
- Repaired, corrected, or replaced Software and Documentation
- shall be covered by this limited warranty for the
- period remaining under the warranty that covered the
- original Software, or if longer, for thirty (30) days after
- the date (a) of shipment to you of the repaired or
- replaced Software, or(b) JAI advised you how to operate the
- Software so as to achieve the functionality described in the
- Documentation. Only if you inform JAI of your problem with
- the Software during the applicable warranty period and
- provide evidence of the date you purchased a license to
- the Software will JAI be obligated to honor this warranty.
- JAI will use reasonable commercial efforts to repair,
- replace, advise or, for individual consumers, refund
- pursuant to the foregoing warranty within 30 days of being
- so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
- MADE BY JAI. JAI MAKES NO OTHER EXPRESS WARRANTY AND NO
- WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
- DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT
- LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS
- FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
- WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
- ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY
- NOT APPLY TO YOU. NO JAI DEALER, AGENT, OR EMPLOYEE IS
- AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
- ADDITIONS TO THIS WARRANTY.
-
- If any modifications are made to the Software by you during
- the warranty period; if the media is subjected to accident,
- abuse, or improper use; or if you violate the terms of this
- Agreement, then this warranty shall immediately be terminated.
- This warranty shall not apply if the Software is used on or
- in conjunction with hardware or software other than the
- unmodified version of hardware and software with which the
- software was designed to be used as described in the
- Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
- RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
- JURISDICTION.
-
- PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each
- person accessing the Software through the network
- must have a copy licensed to that person;
- * use the Software on a second computer so long as only
- one copy is used at a time;
- * copy the Software for archival purposes, provided any
- copy must contain all of the original Software's
- proprietary notices; or
-
- You may not:
- * permit other individuals to use the Software except
- under the terms listed above;
- * permit concurrent use of the Software;
- * modify, translate, reverse engineer, decompile,
- disassemble (except to the extent applicable laws
- specifically prohibit such restriction), or create
- derivative works based on the Software;
- * copy the Software other than as specified above;
- * rent, lease, grant a security interest in, or
- otherwise transfer rights to the Software; or
- * remove any proprietary notices or labels on the
- Software.
-
- TITLE.
-
- Title, ownership rights, and intellectual property rights in
- the Software shall remain in JAI and/or its suppliers. The
- Software is protected by the copyright laws and treaties.
- Title and related rights in the content accessed through
- the Software is the property of the applicable content
- owner and may be protected by applicable law. This License
- gives you no rights to such content.
-
- TERMINATION.
-
- The license will terminate automatically if you fail to
- comply with the limitations described herein. On
- termination, you must destroy all copies of the Software
- and Documentation.
-
- LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
- CONTRACT, OR OTHERWISE, SHALL JAI 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 JAI BE LIABLE FOR ANY DAMAGES
- IN EXCESS OF THE AMOUNT JAI RECEIVED FROM YOU FOR A
- LICENSE TO THE SOFTWARE, EVEN IF JAI 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 JURISDICTIONS DO NOT ALLOW
- THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
- MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES.
-
- The Software is not fault-tolerant and is not designed,
- manufactured or intended for use or resale as on-line
- control equipment in hazardous environments requiring
- fail-safe performance, such as in the operation of nuclear
- facilities, aircraft navigation or communication systems,
- air traffic control, direct life support machines, or
- weapons systems, in which the failure of the Software
- could lead directly to death, personal injury, or severe
- physical or environmental damage ("High Risk Activities").
- JAI and its suppliers specifically disclaim any express or
- implied warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS.
-
- If the copy of the Software you received was accompanied
- by a printed or other form of "hard-copy" End User License
- Agreement whose terms vary from this Agreement, then the
- hard-copy End User License Agreement governs your use
- of the Software. This Agreement represents the complete
- agreement concerning this license and may amended only by
- a writing executed by both parties. THE ACCEPTANCE OF ANY
- PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
- ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
- THOSE IN YOUR PURCHASE ORDER.
- If any provision of this Agreement is held to be
- unenforceable, such provision shall be reformed only to
- the extent necessary to make it enforceable. This
- Agreement shall be governed by Alabama law (except for
- conflict of law provisions). The application the United
- Nations Convention of Contracts for the international
- Sale of Goods is expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication
- or disclosure by the Government is subject to restrictions
- set forth in subparagraphs (a) through (d) of the
- Commercial Computer-Restricted Rights clause at
- FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software clause
- at DFARS 252.227-7013, or at 252.211-7015, or to JAI's
- standard commercial license, as applicable, and in similar
- clauses in the NASA FAR Supplement. Contractor/manufacturer
- is Jones Automation, Inc., 4825 University Square, Suite 5,
- Huntsville, AL 35816.