JARTE PLUS - LICENSE INFORMATION|
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE JARTE PLUS SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
LICENSE GRANT. Carolina Road Software, L.L.C. grants you a license to use this SOFTWARE in accordance with the following stipulations: If you are an individual you may use the SOFTWARE on any hardware products (e.g., computers, USB flash drives, etc.) owned by you or owned by members of your immediate household. If you are a company, school, or other group entity you may use the SOFTWARE on any single hardware product you own provided the SOFTWARE can only be accessed by one person at a time. An additional license is required for each person who can access the software concurrently with another person. "You" means the company, entity or individual installing or using the SOFTWARE. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other hardware product or other company, entity, or individual.
OWNERSHIP. The SOFTWARE is owned and copyrighted by Carolina Road Software, L.L.C.. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Carolina Road Software, L.L.C. and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
DISTRIBUTION. You may not distribute the SOFTWARE electronically (e.g., via the Internet, BBSs, etc.), via storage media (e.g., floppy disks, CD-ROMs, USB flash drives, etc.), or by any other means without explicit permission granted directly by Carolina Road Software, L.L.C..
U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is Carolina Road Software, L.L.C., 105 Settlers Mill Lane, Durham, NC 27713.
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. CAROLINA ROAD SOFTWARE, L.L.C. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CAROLINA ROAD SOFTWARE, L.L.C. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF CAROLINA ROAD SOFTWARE, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO CAROLINA ROAD SOFTWARE, L.L.C..
SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CAROLINA ROAD SOFTWARE, LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF CAROLINA ROAD SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAROLINA ROAD SOFTWARE, LLC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
GOVERNING LAW. This agreement shall be governed by the laws of the State of North Carolina excluding the application of its conflicts of law rules and shall inure to the benefit of Carolina Road Software, LLC and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Durham County, North Carolina. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use. Any suit or other legal action, claim or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 90 days after your first use of the software.
ENTIRE AGREEMENT. This is the entire agreement between you and Carolina Road Software, LLC which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
RESERVED RIGHTS. All rights not expressly granted here are reserved to Carolina Road Software, LLC.