BY INSTALLING THE SOFTWARE, YOU AGREE TO THE FOLLOWING LICENSE TERMS.
Joanju Software Canada ("Joanju") END-USER LICENSE AGREEMENT
FOR JOANJU SOFTWARE PRODUCTS
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THIS
SOFTWARE PRODUCT.
You may use this software only as described in this license.
1. SOFTWARE. The capitalized term "Software" used below refers to Joanju
Software products; including but not restricted to:
Joanju AutoDox2 and Joanju Analyst
including the evaluation copy and registered copy of the Software as
described below, any updates to the software, any supplemental code
provided to you by Joanju, any associated software components, any
related media and printed materials, and any "online" or electronic
documentation.
2. GRANT OF NON-EXCLUSIVE LICENSE.
2.a. EVALUATION USE: You may use the Software without charge on an
evaluation basis for thirty (30) days from the day that you install the
Software. After thirty days, you must remove all copies of the software
as well as all copies of the software output.
2.b. SITE DEVELOPER COUNT LICENSED USE: You must pay the license fee
to continue to use the Software after the thirty (30) day evaluation
period. For purchasing details, visit www.joanju.com.
The Software is licensed by site developer count. That is, count the
developers who use the output from the Software and contribute changes
to the source code being documented. There are no restrictions on the
number of computers the software is installed on.
3. UPDATES. Notwithstanding any other terms in this License, if the
Software is licensed as an upgrade or update, then you may only use the
Software to replace previously validly licensed versions of the same
software. You agree that the upgrade or update does not constitute the
granting of a second license to the Software (i.e., you may not use the
upgrade or update in addition to the software it is replacing, nor may
you transfer the software which is being replaced to a third party).
4. RESTRICTIONS. You may not reduce the Software to human readable form,
reverse engineer, de-compile, or disassemble the Software, or create
derivative works based on the Software, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not rent, lease, resell for
profit, or lend the Software. You may not use the Software for any
illegal purpose. You may not remove any copyright, trademark or
reservation of rights language displayed with the Software.
5. SUPPORT SERVICES. Joanju may provide you with support services
related to the Software. Use of support services is governed by the
electronic and online documentation, and other Joanju materials, as they
may be modified from time to time. Joanju may use any information you
provide as part of obtaining support services for its business purposes,
including product support and development.
6. TERMINATION. This License terminates if you fail to comply with its
terms and conditions. If your license terminates, you must destroy all
copies of the Software. The termination of this license does not limit
Joanju's other rights it may have by law.
7. COPYRIGHT. You acknowledge that you have only the limited,
non-exclusive right to use and copy the Software as expressly stated in
this license and that Joanju retains all other rights. You agree not to
remove or modify any copyright, trademark or other proprietary notices
which appear in the Software. The Software is protected by international
copyright laws and treaty provision.
8. NO WARRANTIES. To the maximum extent permitted by applicable law, the
Software is provided "as is" without warranty of any kind, either
express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement. The Software is provided with all faults and the entire
risk as to satisfactory quality, performance, accuracy and effort is
with you.
9. LIMITATION OF LIABILITY. To the extent permitted by applicable law,
Joanju and its agents are not liable to you or any other person for any
consequential, special, incidental, or indirect damages of any kind
arising out of the delivery, performance, or use of the Software or of
your personal data supplied during registration, even if Joanju or its
agents have been advised of the possibility of such damages. Joanju's
and its agents' liability for any claim arising out of your purchase or
use of the Software, whether in contract, tort, or any other theory of
liability will not exceed the greater of U.S. $1.00 or license fee paid
by you.
10. INDEMNIFICATION. You agree to indemnify and hold harmless Joanju and
its agents against any loss, damages, fines and expenses (including
attorneys' fees and costs) arising out of or relating to any claims
based on your act or omission or alleged act or omission that
constitutes a violation of this License.
11. JURISDICTION. This license agreement and your entire relationship
with Joanju are governed by the laws of British Columbia, Canada.
Exclusive jurisdiction and venue for all matters relating to this
license agreement shall be in courts and fora located in British
Columbia, Canada, and you consent to such jurisdiction and venue. This
License is not governed by the United Nations Convention of Contracts
for the International Sale of Goods.
12. MISCELLANEOUS. This License, combined with the conditions of sale on
our website purchase page for the registered version, constitute the
complete and exclusive agreement between us, notwithstanding any
provision in any purchase order or other written document. This License
may only be modified by a written document signed by both of us. If any
provision of this License is held to be unenforceable, the remainder of
the License shall not be affected, and the unenforceable provision shall
be reformed to the extent necessary to make the provision enforceable.
This license agreement is effective when you install the Software.
13. CONTACT INFORMATION. Should you have any questions concerning this
license, or if you desire to contact Joanju for any reason, please
contact Joanju by fax at: +1-425-609-1284, or by electronic mail at:
info@joanju.com.
After installation, this license agreement text may be found on your
computer in the directory where you installed the Software.
