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JMR Electronics, Inc. End-User License Agreement
IMPORTANT: READ CAREFULLY: This JMR End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity)
and JMR Electronics, Inc for the JMR software product, which includes
computer software and may include associated media, printed materials,
and "online" or electronic documentation ("SOFTWARE PRODUCT").
The SOFTWARE PRODUCT also includes any updates and supplements to the
original SOFTWARE PRODUCT provided to you by JMR. Any software provided
along with the SOFTWARE PRODUCT that is associated with a separate end-user
license agreement is licensed to you under the terms of that license agreement.
By installing, copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, do not install or use the
SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
• Systems Software.
You may install and use one copy of the SOFTWARE PRODUCT on a single
computer, including a workstation, terminal or other digital electronic
device ("COMPUTER").
• Storage/Network Use.
You may also store or install a copy of the SOFTWARE PRODUCT on a storage
device, such as a network server, used only to install or run the SOFTWARE
PRODUCT on your other COMPUTERS over an internal network; however, you
must acquire and dedicate a license for each separate COMPUTER on or
from which the SOFTWARE PRODUCT is installed, used, accessed, displayed
or run. A license for the SOFTWARE PRODUCT may not be shared or used
concurrently on different COMPUTERS. Notwithstanding the foregoing,
any number of COMPUTERS may access or otherwise utilize the file and
print services and peer web services of the SOFTWARE PRODUCT.
• License Pak.
If this package is a JMR License Pak, you may install and use additional
copies of the computer software portion of the SOFTWARE PRODUCT up to
the number of copies specified above as "Licensed Copies".
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• Academic Edition Software.
If the SOFTWARE PRODUCT is identified as "Academic Edition"
or "AE," you must be a "Qualified Educational User"
to use the SOFTWARE PRODUCT. If you are not a Qualified Education User,
you have no rights under this EULA. To determine if you are a Qualified
Educational User, please contact the JMR Sales /20400 Plummer St./Chatsworth,
CA 91311 or the JMR subsidiary serving your country.
• Not For Resale Software.
If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR,"
then, notwithstanding other sections of this EULA, your use of the SOFTWARE
PRODUCT is limited to use for demonstration, test, or evaluation purposes
and you may not resell, or otherwise transfer for value, the SOFTWARE
PRODUCT.
• Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
• Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component
parts may not be separated for use on more than one computer.
• Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
• Trademarks.
This EULA does not grant you any rights in connection with any trademarks
or service marks of JMR.
• Support Services.
JMR may provide you with support services related to the SOFTWARE PRODUCT
("Support Services"). Use of Support Services is governed
by the JMR polices and programs described in the user manual, in "on
line" documentation and/or other JMR-provided materials. Any supplemental
software code provided to you as part of the Support Services shall
be considered part of the SOFTWARE PRODUCT and subject to the terms
and conditions of this EULA. With respect to technical information you
provide to JMR as part of the Support Services, JMR may use such information
for its business purposes, including for product support and development.
JMR will not utilize such technical information in a form that personally
identifies you.
• Software Transfer.
The initial user of the SOFTWARE PRODUCT may make a one-time permanent
transfer of this EULA and SOFTWARE PRODUCT only directly to an end user.
This transfer must include all of the SOFTWARE PRODUCT (including all
component parts, the media and printed materials, any upgrades, this
EULA, and, if applicable, the Certificate of Authenticity). Such transfer
may not be by way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with the terms
of this EULA, including the obligation not to further transfer this
EULA and SOFTWARE PRODUCT.
• Termination.
Without prejudice to any other rights, JMR may terminate this EULA
if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the SOFTWARE PRODUCT and
all of its component parts.
3. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use a product identified by JMR as being eligible for the
upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled
as an upgrade replaces and/or supplements the product that formed the
basis for your eligibility for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this EULA. If the
SOFTWARE PRODUCT is an upgrade of a component of a package of software
programs that you licensed as a single product, the SOFTWARE PRODUCT may
be used and transferred only as part of that single product package and
may not be separated for use on more than one computer.
4. COPYRIGHT.
All title and intellectual property rights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE
PRODUCT are owned by JMR or its suppliers. All title and intellectual
property rights in and to the content which may be accessed through use
of the SOFTWARE PRODUCT is the property of the respective content owner
and may be protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such content.
All rights not expressly granted are reserved by JMR.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless
of the type or size of medium you receive, you may use only one medium
that is appropriate for your single computer. You may not use or install
the other medium on another computer. You may not loan, rent, lease, lend
or otherwise transfer the other medium to another user, except as part
of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant to this
EULA, you may keep the original media on which the SOFTWARE PRODUCT was
provided by JMR solely for backup or archival purposes. If the original
media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may
make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes.
Except as expressly provided in this EULA, you may not otherwise make
copies of the SOFTWARE PRODUCT or the printed materials accompanying the
SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is JMR Electronics, Inc./20400
Plummer St/Chatsworth, CA 91311.
8. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT
to any country, person, entity or end user subject to U.S. export restrictions.
You specifically agree not to export or re-export the SOFTWARE PRODUCT:
(i) to any country to which the U.S. has embargoed or restricted the export
of goods or services, which currently include, but are not necessarily
limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to
any national of any such country, wherever located, who intends to transmit
or transport the products back to such country; (ii) to any end-user who
you know or have reason to know will utilize the SOFTWARE PRODUCT or portion
thereof in the design, development or production of nuclear, chemical
or biological weapons; or (iii) to any end-user who has been prohibited
from participating in U.S. export transactions by any federal agency of
the U.S. government.
9. NOTE ON JAVA SUPPORT.
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA.
JAVA TECHNOLOGY 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 JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
MISCELLANEOUS
• If you acquired this product in the United States, this EULA
is governed by the laws of the State of Washington.
• If you acquired this product in Canada, this EULA is governed
by the laws of the Province of Ontario, Canada. Each of the parties
hereto irrevocably attorns to the jurisdiction of the courts of the
Province of Ontario and further agrees to commence any litigation which
may arise hereunder in the courts located in the Judicial District of
York, Province of Ontario.
• If this product was acquired outside the United States, then
local law may apply.
Should you have any questions concerning this EULA, or if you desire
to contact JMR for any reason, please contact JMR, or write:
JMR Electronics, Inc.
20400 Plummer St
Chatsworth, CA 91311.
LIMITED WARRANTY
LIMITED WARRANTY.
JMR warrants that (a) the SOFTWARE PRODUCT will perform substantially
in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt, and (b) any Support Services
provided by JMR shall be substantially as described in applicable written
materials provided to you by JMR, and JMR support engineers will make
commercially reasonable efforts to solve any problem. To the extent allowed
by applicable law, implied warranties on the SOFTWARE PRODUCT, if any,
are limited to ninety (90) days. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation
may not apply to you.
CUSTOMER REMEDIES.
JMR's and its suppliers' entire liability and your exclusive remedy shall
be, at JMR's option, either (a) return of the price paid, if any, or (b)
repair or replacement of the SOFTWARE PRODUCT that does not meet JMR's
Limited Warranty and that is returned to JMR with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted
from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT
will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside the United States, neither
these remedies nor any product support services offered by JMR are available
without proof of purchase from an authorized international source.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JMR AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
JMR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF JMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, JMR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL
BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A JMR
SUPPORT SERVICES AGREEMENT, JMR'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
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