SOFTWARE LICENSE AGREEMENT FOR TCC/LE
Please read the following terms and conditions.
You agree that all of the terms and conditions below apply to you and anyone
else who uses this software, if either:
* You click the "Accept" button, or
* You copy, install, or use this copy of TCC/LE, or
* You permit or enable others to copy, install or use TCC/LE.
If you do not agree, please terminate installation immediately, and do not
use this software.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the
TCC/LE ("Software") package with which this Agreement is included by JP
Software, Inc. Different license terms apply to other software packages
from JP Software, and license terms for later versions of TCC/LE may also
be changed.
2. OWNERSHIP
JP Software owns the Software under copyright, trade secret and all other
laws that may apply. All JP Software product names, designs, and logos
are trademarks of JP Software Inc.
3. FREE USE LICENSE
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or received
TCC/LE in the form distributed by JP Software, including all files contained
in such package ("Original Distribution Package"). Current Original
Distribution Packages for TCC/LE are available from JP Software and JP
Software’s authorized distributors. Copies of TCC/LE not received in the
form of an Original Distribution Package are not licensed for use, copying
or transmission by you or others.
(b) You may, free of charge:
* install and use TCC/LE.
* copy, store, distribute and transmit, free of charge, identical copies
of this Original Distribution Package of TCC/LE to others, as long as
it is deemed current by JP Software.
(c) You may not:
* permit others to use this TCC/LE program unless they are properly
licensed by JP Software, either under this Agreement or another
agreement from JP Software.
* modify, translate, reverse engineer, decompile, disassemble, or create
derivative works based on, this TCC/LE program without prior permission
from JP Software.
* copy TCC/LE except as described above.
* sell or license copies of TCC/LE to others.
* remove any proprietary notices or labels on TCC/LE or any other JP
Software software.
* use TCC/LE in or for High Risk Activities (defined below)
(d) All rights not expressly granted by JP Software in this Agreement are
entirely and exclusively reserved to JP Software.
4. SUPPORT
TCC/LE contains online help files. However, hard-copy documentation, email
or telephone assistance, and other support are not available under this free
license.
5. DISCLAIMER OF WARRANTY
You are not paying for the use of the software. Accordingly the program is
provided "as-is" and without warranty of any kind whatsoever, including any
implied warranties of merchantability or fitness for a particular purpose.
You assume full responsibility for the selection and use of the software to
achieve your intended results, and acknowledge that if you use the software
improperly or against our instructions you can cause damage to your files,
software, data, or business.
6. LIMITATION OF LIABILITY
In no event shall JP Software be liable for any incidental, consequential,
or punitive damages whatsoever arising out of use of the software or your
relationship with us.
7. RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to the
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, as applicable,
and in similar clauses in the NASA FAR Supplement.
8. TERMINATION
The license will terminate automatically if you fail to comply with any
of the limitations, conditions or obligations described herein. On
termination, you must destroy all copies of the TCC/LE software and all
other materials in this TCC/LE Original Distribution Package.
9. HIGH RISK ACTIVITIES
The software is not fault-tolerant and is not designed, manufactured or
intended for use as online 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, or any other
environment in which the failure of TCC/LE could lead directly to death,
personal injury, or severe physical or environmental damage ("High Risk
Activities"). We specifically disclaim any express or implied warranty
of fitness for high risk activities for the software or any portion thereof.
10. GENERAL
This Agreement constitutes the entire Agreement between the parties with
respect to the subject matter herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written or oral
between you and JP Software. Waiver by JP Software of any violation of any
provision of this Agreement shall not be deemed to waive any further or
future violation of the same or any other provision. This Agreement and
any dispute relating to TCC/LE or to this Agreement shall be governed by
the laws of the United States and the laws of the State of Maryland,
without regard to U.S. or Maryland choice of law rules. You agree and
consent that jurisdiction and proper venue for all claims, actions and
proceedings of any kind relating to JP Software or the matters in this
Agreement shall be exclusively in courts located in Maryland. If any part
or provision of this Agreement is held to be unenforceable for any
purpose, including but not limited to public policy grounds, then you
agree that the remainder of the Agreement shall be fully enforceable as
if the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations made
by JP Software herein.
JP Software Inc.
P.O. Box 328
Chestertown, MD 21620, USA
(800)-595-8197
Email support@jpsoft.com
Web http://jpsoft.com
[2011/06]