path: root/licenses/SJ-Labs

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