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- Jolly Technologies (A division of Jolly, Inc.)
- ______________________________________________
- Software License Agreement
- ______________________________________________
-
- PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY
- BEFORE PROCEEDING WITH THE INSTALLATION. BY
- INSTALLING THIS SOFTWARE PACKAGE, YOU AGREE TO THE TERMS
- OF THIS AGREEMENT. INDICATE YOUR ACCEPTANCE OF THESE
- TERMS BY SELECTING THE "ACCEPT" OPTION AT THE END OF THIS
- AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
- TERMINATE THE INSTALLATION PROCESS AND RETURN THIS
- PACKAGE TO THE COMPANY.
-
- 1. LICENSE TO USE.
-
- Jolly Technologies grants you a non-exclusive and
- non-transferable license for the internal use only
- of the accompanying software, by the number of users
- and the class of computer hardware for which the
- corresponding fee has been paid.
-
- 2. RESTRICTIONS
-
- Software is confidential and copyrighted. Title to Software
- and all associated intellectual property rights is retained
- by Jolly Technologies and/or its licensors. Unless enforcement
- is prohibited by applicable law, you may not modify,
- decompile, reverse engineer Software.
-
- 3. DISCLAIMER OF WARRANTY.
-
- UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
- IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
- INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
- ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
- DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
-
- 4. LIMITATION OF LIABILITY.
-
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
- JOLLY TECHNOLOGIES OR ITS LICENSORS BE LIABLE FOR ANY
- LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
- CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
- HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
- ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY
- TO USE SOFTWARE, EVEN IF JOLLY TECHNOLOGIES HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
- Jolly Technologies' liability to you, whether
- in contract, tort (including negligence), or otherwise,
- exceed the amount paid by you for Software under this
- Agreement. The foregoing limitations will apply even if
- the above stated warranty fails of its essential purpose.
-
- 5. TERMINATION.
-
- This Agreement is effective until terminated.
- You may terminate this Agreement at any time
- by destroying all copies of Software. This Agreement will
- terminate immediately without notice from Jolly Technologies
- if you fail to comply with any provision of this Agreement.
- Upon Termination, you must destroy all copies of Software.
-
- 6. INTEGRATION.
-
- This Agreement is the entire agreement between you and
- Jolly Technologies relating to its subject matter.
- It supersedes all prior or contemporaneous oral or
- written communications, proposals, representations
- and warranties and prevails over any conflicting or
- additional terms of any quote, order, acknowledgment,
- or other communication between the parties relating to
- its subject matter during the term of this Agreement.
- No modification of this Agreement will be binding, unless
- in writing and signed by an authorized representative of
- each party.
-
- 7. SEVERIBILITY.
-
- If any provision of this Agreement is held to be unenforceable,
- This Agreement will remain in effect with the provision
- omitted, unless omission would frustrate the intent of
- the parties, in which case this Agreement will immediately
- terminate.
-
- 8. GOVERNMENT LAW.
-
- Any action related to this Agreement will be governed by
- California law and controlling U.S. federal law.
- No choice of law rules of any jurisdiction will apply.
-
- 9. EXPORT REGULATIONS.
-
- All Software and technical data delivered under this
- Agreement are subject to US export control laws
- and may be subject to export or import
- regulations in other countries. You agree to comply
- strictly with all such laws and regulations and acknowledge
- that you have the responsibility to obtain such licenses to
- export, re-export, or import as may be required after
- delivery to you.
-
-
- For further information:
-
- Jolly Technologies.
- 131 Glenn way, Suite 4
- San Carlos,
- CA 94070