JP Software License (Take Command and TCC)

SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY

If you don't agree with the terms below, you should not use or evaluate this Software.

In this agreement:

Software means the JP Software product(s) you have obtained for evaluation or purchased, including the software, documentation, and other materials;

Trial Copy means a copy of the Software for which you have not paid a fee to us or one of our authorized dealers (Trial Copies are typically described as "trial" or "evaluation" copies in the Software's sign-on messages);

Registered Copy means a copy of the Software for which you have paid a fee to us or to one of our authorized dealers, and which is not described as a trial copy in the Program's sign-on messages;

We or us means JP Software Inc., a corporation based in Chestertown, Maryland, USA;

"You" means the evaluator or end user of the Software;

(1) Legal Agreement. This legal agreement allows you to use the Software under the terms and conditions below.

(2) Ownership. We or our licensors own 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) Evaluation Period. You may use a Trial Copy of the Software for an evaluation period of up to 30 days, in order to determine whether the Software meets your needs before purchasing a license. Your evaluation period begins when you first install the Software on one or more computers for evaluation purposes. Once the evaluation period ends, you agree to either purchase a license for the Software, or to stop using it. If you have ordered a Purchased Copy of the Software from us or from one of our authorized dealers you may continue to use your Trial Copy until your Purchased Copy arrives.

(4) Use of the Trial Software. While you are evaluating the Software, you may use it on as many computers as are required to perform your evaluation. However, once the evaluation period is over and you purchase a license for the Software, your use will be restricted to the number of computers for which you have purchased licenses, under the license agreement which applies to your Registered Copy.

(5) Making and Distributing Trial Copies of the Software. You may make copies of your Trial Copy of the Software to give to others, as long as you include all of the files that you originally received with your Trial Copy. You agree not to sell Trial Copies of the Software or distribute them to others for any kind of compensation or fee.

(6) Use of Individual Copies. If you purchased an individual copy of the Software it may be installed for a single person's use on up to three Computers (such as a Computer at work, a Computer at home, and a portable Computer), as long as all Computers are primarily for that person's use at all times, and the Software is not used simultaneously on multiple systems except during active transfer of files between them. (If the Software copy was purchased by your employer, you must obtain your employer's explicit permission before installing the Software on multiple Computers as described above.)

(7) Multi-System Licenses. If you purchased a multi-system (rather than individual) license for the Software, you may install the Software on at most the number of Computers licensed, as shown on the program signon screen or authorized in other electronic or printed documents received from us or our dealer. Unlike individual copies, under a multi-system license each Computer (work, home, portable, etc.) is counted separately, even if the Computers are not in use simultaneously.

(8) Single Site Licenses. A single site is defined as a single building or a group of buildings located on adjoining land. A single site license provides use of a specified number of copies of the software for use by employees or direct contractors of the licensee at a single site. Upgrades for single site licenses are only available to current holders of single site licenses.

(9) Enterprise License. An enterprise license allows a specified number of copies of the software for use by employees or direct contractors of the licensee at all locations globally. If the licensee provides services to other companies or organizations, the enterprise license does not provide licenses for the licensees customers. Upgrades for enterprise licenses are only available to current holders of enterprise licenses.

(10) Copying and Distribution of Registered Copies. You may copy the Software files as necessary for normal backup purposes. In addition, you may give the trial version of the Software to individual friends and colleagues you know personally, without your serial number or registration keys. You may not make, sell, or give to others, any other whole or partial copy of the Software, without our advance written permission.

(11) Registration Keys. Any registration keys you receive in order to personalize, install, or register the software are private and confidential information known only to you and to us, and may not be given to others under any circumstances.

(12) LIMITED WARRANTY. We don't promise that the Software will be free of software bugs or program errors. If you report an error or bug to us, we will address it as part of our normal maintenance procedures. If we issue a maintenance release for the Software containing a correction for an error you reported, we will make a copy of that release available to you for electronic download at no charge. We will only do this for maintenance releases, not for other new versions of the Software.

(13) Satisfaction Guarantee. If you are dissatisfied with any JP Software product you buy from us under this Agreement for any reason, you may return it to us at any time up to 90 days after purchase and we will refund the amount you paid, less shipping and handling costs. You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to multi-system licenses for more than 10 Computers, or to purchases of more than 10 individual copies.

(14) DISCLAIMERS, LIMITATIONS, and RESTRICTED RIGHTS.

>> DISCLAIMER (Trial Copy): YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE FOR YOUR TRIAL COPY OF THE PROGRAM. ACCORDINGLY THE TRIAL COPY 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 AND DATA.

>> DISCLAIMER (Registered Copy): Except for the Limited Warranty stated above, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO USE AND TEST THE SOFTWARE BEFORE PURCHASE, SO THAT THE ESSENTIAL PURPOSE OF THE ABOVE WARRANTIES IS FULFILLED EVEN WHERE A REFUND MAY NOT BE AVAILABLE. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION AND USE OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND ACKNOWLEDGE THAT IF YOU USE IT IMPROPERLY OR AGAINST OUR INSTRUCTIONS YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE AND DATA. The Limited Warranty above gives you specific legal rights, but you may have other rights, which vary from jurisdiction to jurisdiction.

>> 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 the Software 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.

>> LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.

>> EXPORT. You may use the Software in any country, except countries that are subject to U.S. export restrictions. You are solely responsible for determining whether any planned export relating to the Software is legal under U.S. and other applicable laws.

>> RESTRICTED RIGHTS LEGEND: Use, duplication, or disclosure by the U.S. Government subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

Copyright 2017 JP Software

JP Software Inc.
P.O. Box 328
Chestertown, MD 21620, USA

https://jpsoft.com

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