License Agreement for Jaikoz from JThink Ltd
 
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.
 
Upon Your acceptance of this License Agreement (the "Agreement"), JThink Ltd grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:
 
1. PARTIES
 
"JThink" means JThink Ltd, a Software company based in the United Kingdom.
 
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement.

2. DEFINITIONS

"Software" means the binary code of Jaikoz with its Documentation.

3. GRANT OF LICENSE
 
The Software is the property of JThink. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of JThink.
 
The Software is protected by United Kingdom and International Copyright Law. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of JThink are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United Kingdom.

Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
 
You may:
 
(i) save and use the number of copies of the Software for which the corresponding fee has been paid.
 
(ii) make one copy of the Software for archival purposes;


One registered copy of Jaikoz may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. 
 
You may not:
 
(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of JThink.
 
(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
 
(v) install and run the Software from a network server, or use the Software on different computers, unless the user on all computers is the same.
 
For exceptions or modifications to this Agreement, please contact JThink. 

 
4. RESTRICTED USE DURING EVALUATION PERIOD

You have a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period of thirty (30) days. (the "Evaluation Period")

The unregistered copy of Software may be used  for evaluation and testing purposes only .
Customer must pay a license fee for the Software to obtain the right to use the Software for general use and(or) for unlimited period.

The unregistered copy of Software contains a feature that will automatically disable the Software in thirty (30) days after sending the evaluation key to you.  If you agree to this JThink License Agreement and pay the license fee, JThink will deactivate this feature. JThink will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.

5. LIMITED WARRANTY
 
If You have paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, JThink warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by JThink will be free from defects in materials and workmanship.
 
JThink entire liability and Your exclusive remedy shall be, at JThink option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet JThink Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional thirty (30) days. 
 
EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND JThink MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JThink, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. 
 
Good data processing procedure dictates that any program is thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price. 

6. DISCLAIMER OF DAMAGES
 
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL JThink BE LIABLE TO YOU UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (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 OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JThink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
 
IN ANY CASE, JThink ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. 
 
7. TERMINATION
 
If You fail to comply with the terms and conditions of this Agreement, JThink may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying JThink. Upon the termination of this Agreement, You must delete the Software and all copies from Your computer and archives.

8. DATA PROTECTION

You agree to provide your email address to allow creation and verification of your Jaikoz license. JThink agree not to pass this information on to other parties  or use it for any other purposes.
 
9. GENERAL
 
JThink reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
 
This Agreement constitutes the entire agreement between the parties concerning your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and JThink.

