| SJ Labs End-User License |
| |
| IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING OR |
| OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF |
| THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT |
| INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. |
| |
| This license agreement ("License") is a legal agreement between you |
| and SJ Labs, Inc. ("SJ Labs") granting you certain rights to access |
| and use software owned by SJ Labs and/or downloaded from the SJLabs |
| website, together with any permitted copies of, and any permitted |
| modifications, enhancements, or corrections to such software |
| (collectively, the "Software") and any electronic user manuals and |
| on-line help function for the Software, as SJ Labs may update them |
| from time to time ("Documentation"). YOU HEREBY AGREE, BOTH ON YOUR |
| OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR |
| WHICH YOU ARE USING THE SOFTWARE ("EMPLOYER"), THAT YOU AND YOUR |
| EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH FOLLOWING TERMS |
| AND CONDITIONS: |
| |
| 1. License Grant. SJ Labs grants to you, and you accept, a personal, |
| nonexclusive, nontransferable license to access and use the Software |
| and to access and use the Documentation. If the SJ Labs website |
| indicates that the item of Software you are downloading includes |
| access to the Software in source code form, this License authorizes |
| the access and use of the Software in either source or object code |
| form. Otherwise, this License authorizes the access and use of the |
| Software only in object code form. The Software may be used only on a |
| single computer controlled by you. Neither concurrent use on two or |
| more computers, nor use on a local-area or other network, nor use for |
| any commercial purpose, is permitted without separate authorization |
| and the payment of license fees. (For information concerning |
| commercial licensing of the Software, please contact SJ Labs at E-mail |
| information@sjlabs.com). You may make one copy of the Software and the |
| Documentation for backup purposes, so long as you do not omit or alter |
| any copyright, trademark or other proprietary notices. This License is |
| effective until terminated as provided herein. You may terminate this |
| License by destroying the Software, the Documentation, and any copies |
| of the Software or the Documentation in your possession. This License |
| will terminate automatically upon any violation of the terms and |
| conditions of this License. You acknowledge that this License does not |
| entitle you to any support, maintenance or upgrade from SJ Labs |
| |
| 2. License Restrictions. You may not do any of the following yourself, |
| or through any other person: |
| |
| A) Copy, modify or create derivative works based upon the Software or |
| Documentation; |
| |
| B) Decompile, disassemble, or reverse engineer the Software in whole |
| or in part (except that if the website indicates that the item of |
| Software you are downloading includes access to the Software in source |
| code form, such access is not prohibited by the foregoing); |
| |
| C) Defeat, disable or circumvent any protection mechanism related to |
| the Software or Documentation, including without limitation any code |
| which necessitates or solicits agreement to a License before use of |
| the Software; |
| |
| D) Sell, license, sublicense, lease, rent, distribute, disclose, |
| permit access to, or transfer to any third party, whether for profit |
| or without charge, any portion of the Software or the Documentation, |
| or, in particular, without limiting the generality of the foregoing, |
| distribute the Software over networks, electronic bulletin boards, or |
| websites, or allow any party to use the Software; |
| |
| E) Publish, disseminate or otherwise communicate any review of or |
| information about Software performance to any third party without the |
| prior written consent of SJ Labs; or |
| |
| F) Export, use or download the Software in violation of any laws or |
| regulations, including U.S. Department of Commerce Export |
| Administration regulations and other applicable laws. |
| |
| 3. Title and Ownership. Except for the rights expressly granted above, |
| this License transfers to you no right, title, or interest in the |
| Software, the Documentation, or any copyright, patent, trademark, |
| trade secret or other intellectual property or proprietary right in |
| the Software or the Documentation. SJ Labs retains sole and exclusive |
| title to all portions of the Software, Documentation and any copies |
| thereof, and you hereby assign to SJ Labs all right, title, and |
| interest in and to any modifications you make to the Software or |
| Documentation, whether or not such modifications are permitted. You |
| agree not to disclose the Software or the Documentation to anyone. The |
| Software and the Documentation contain valuable proprietary |
| information the unauthorized use or disclosure of which would |
| irreparably harm SJ Labs. Upon learning of any unauthorized possession |
| or use of or access to the Software, you will notify SJ Labs |
| immediately, will promptly furnish details of such occurrence, will |
| assist in preventing any recurrence thereof, and will cooperate fully |
| in any litigation or other proceedings undertaken to protect the |
| rights of SJ Labs. Use of certain of the Software may require you to |
| pay license or other fees to third parties. You are responsible for |
| payment of all such third party fees. SJ Labs is not responsible for |
| payment of any such third party license fees. |
| |
| 4. Miscellaneous Terms. This License shall be governed by the laws of |
| the United States and the State of OHIO, without regard to conflicts |
| of law principles. You irrevocably submit to the jurisdiction of any |
| state or federal court sitting in Cuyahoga County, OH and any action |
| or proceeding arising out of this License will be heard and determined |
| in such court. If any provision of this License is held to be |
| unenforceable, this License shall be construed so as to give the |
| fullest possible effect to its terms consistent with applicable law. |
| The failure of SJ Labs to exercise any of its rights shall not operate |
| as a waiver of its right to exercise such right or any other right in |
| the future. This License constitutes the entire agreement between you |
| and SJ Labs with respect to the Software, and may not be modified or |
| assigned except in a writing signed by you and SJ Labs. BE ADVISED |
| THAT IN ORDER TO PROVIDE YOU WITH THE BEST QUALITY PRODUCTS THE |
| SOFTWARE WILL SEND US SOME TECHNICAL DATA ABOUT THE DEVICE IT IS |
| INSTALLED ON. THIS DATA WILL BE USED FOR RESEARCH AND DEVELOPMENT |
| PURPOSES ONLY. |
| |
| BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO |
| BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE |
| TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR OTHERWISE USE THE |
| SOFTWARE. |
| |
| 5. Limited Support. During the sixty (60) day period following the |
| Effective Date, SJ Labs will furnish web/email support for the |
| Software to you on an "as available" basis. |
| |
| 6. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES. SJ Labs has no |
| obligation to support the Software or Documentation it is providing |
| under this Agreement, except as provided in Section 5 hereof. To the |
| extent permitted under applicable law, SJ Labs is licensing the |
| Software and Documentation to you "AS IS", WITH NO EXPRESS OR IMPLIED |
| WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED |
| WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR |
| WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD |
| PARTY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, |
| CONTRACT, OR OTHERWISE, SHALL SJ Labs BE LIABLE FOR ANY CONSEQUENTIAL, |
| INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF WHATSOEVER, OR FOR |
| ANY CLAIM BY ANY THIRD PARTY, ARISING FROM USE BY YOU OR OTHERS OF THE |
| SOFTWARE OR DOCUMENTATION, EVEN IF SJ Labs SHALL HAVE BEEN INFORMED OF |
| THE POSSIBILITY OF SUCH DAMAGES. Some States and other jurisdictions |
| do not allow for the exclusion or limitation of implied warranties so |
| the above exclusions or limitations may not apply to you. This |
| warranty gives you specific legal rights and you may also have other |
| rights, which vary from jurisdiction to jurisdiction. |
| |
| |
| (C) SJ Labs, Inc., 1999-2005 |