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NTERAS CORPORATION
JauntServer SOFTWARE LICENSE AGREEMENT
Jaunt SOFTWARE LICENSE AGREEMENT
RapidAssist SOFTWARE LICENSE AGREEMENT
This is a legal agreement (AGREEMENT) between you, the recipient of the Jaunt, JauntServer, RapidAssist, and associated files, and nTeras Corporation. (NTERAS). BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL THE SOFTWARE AND ITS ACCOMPANYING COMPONENTS AND RETURN ALL WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. GRANT OF LICENSE. These NTERAS products contain software that provides services on a computer called a server ('Server Software'), and software that allows a computer to access or utilize the services provided by the Server Software ('Workstation Software'). NTERAS grants to you the following non-exclusive rights to the Workstation Software and the Server Software and accompanying documentation (collectively called the 'SOFTWARE'):
a) Installation and Transfer. You may install one copy of the Server Software on a single computer (the computer running the Server Software shall be referred to as the 'Server') for each server license purchased. You may transfer the Server Software to another computer, provided that it is removed from the computer from which it is transferred.
b) Use of the Server Software. You may use one copy of the Server Software at any time on one Server, which may be connected at any point in time to one computer operating remotely for each user license purchased. The Server Software supports usage by more than one user at a time. However, it may only be used to support the number of users you are entitled based on your purchased licenses. Any attempt to defeat or circumvent these software-enforced login limitations is a breach of this AGREEMENT. You may make copies of the SOFTWARE in machine-readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.
c) Use of the Workstation Software. You may use the Workstation Software to access the Server.
d) Microsoft Windows License. You may need to acquire a separate Microsoft Windows license. NTERAS software is not intended to circumvent any third party licensing requirements. Licensing information for Microsoft Products is available from Microsoft Corporation.
e) Other. Notice to Users - You shall inform all users of the SOFTWARE of the terms and conditions of this AGREEMENT. Not For Resale Software - If this SOFTWARE is labeled 'Not For Resale' or 'NFR,' your license only permits use for demonstration, test, or evaluation purposes.
2. SUBSCRIPTION RIGHTS. If the licensed user has purchased a subscription to obtain "Updates" (as defined below) for the SOFTWARE (the "Subscription"), the following terms and conditions shall also apply. If the licensed user has paid the appropriate subscription fee and registered its Subscription with NTERAS, the licensed user's Subscription shall begin on the effective date of this AGREEMENT and shall continue for a term of one year thereafter unless terminated sooner (the "Subscription Term"). During the Subscription Term, NTERAS may, from time to time, generally make Updates available for licensing to the public. For the purposes of this AGREEMENT, an Update shall mean a generally available release of the SOFTWARE, which is designated by NTERAS in its sole discretion as an increase in any digit of the SOFTWARE version number from that version number of the SOFTWARE originally licensed by the licensed user pursuant to this AGREEMENT. Upon general availability of such Update during the Subscription Term, NTERAS shall provide the licensed user with one (1) copy of such UPDATE for each copy of the SOFTWARE originally licensed by the licensed user pursuant to this AGREEMENT, without additional charge. Any such Updates so delivered to the licensed user shall be considered SOFTWARE under the terms of this AGREEMENT.
The licensed user acknowledges that NTERAS may develop and market new or different computer programs which use portions of the SOFTWARE and which perform all or part of the functions performed by the SOFTWARE. Nothing contained in this AGREEMENT shall give the licensed user any rights with respect to such new or different computer programs. The licensed user also acknowledges that NTERAS is not obligated under this AGREEMENT to generally make any Updates available to the public. NTERAS shall have no responsibility under this AGREEMENT for the installation of any Updates.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. For all SOFTWARE - You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this AGREEMENT. You may not modify, translate, reverse engineer, decompile, or disassemble, create derivative works based on, or copy (except for the back-up copy of the SOFTWARE) the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. You may not remove any proprietary notices, labels, or marks on the SOFTWARE and accompanying documentation.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY NTERAS OR ITS SUPPLIERS.
Limited Warranty and Disclaimer. NTERAS warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE to you as evidenced by a copy of your receipt, the media on which the SOFTWARE is furnished under normal use will be free from defects in materials and workmanship and that the NTERAS product will perform substantially in accordance with the NTERAS product documentation published by NTERAS and included with the enclosed sealed media package. NTERAS and its suppliers' entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to NTERAS or an authorized reseller with a copy of your receipt) will be, at NTERAS' option, to replace the media or to refund the purchase price and terminate this AGREEMENT.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, NTERAS AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND NTERAS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE PRODUCTS AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTS. NTERAS does not warrant that the SOFTWARE will be uninterrupted or error free.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Proprietary Rights. This license is not a sale. Title and copyrights to the SOFTWARE, accompanying documentation and any copies made by you remain with NTERAS or its suppliers.
Limitation of Liability. IN NO EVENT WILL NTERAS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF THE SOFTWARE,
REFERENCE MATERIALS OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF NTERAS, ITS SUPPLIERS OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE LIABILITY OF NTERAS EXCEED THE AMOUNT PAID FOR THE LICENSED SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Export Restriction. You agree that you will not export or re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses. Your failure to comply with this provision is a material breach of this AGREEMENT.
Termination. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by removing from your computer and destroying all copies of the SOFTWARE. Unauthorized copying of the SOFTWARE or the accompanying documentation or otherwise failing to comply with the terms and conditions of this AGREEMENT will result in automatic termination of this license and will make available to NTERAS other legal remedies. Upon termination of this AGREEMENT, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.
Government End-Users. The Software and accompanying documentation, and any updates thereto, are "commercial items," developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in the applicable acquisition regulations. If the Software and the documentation are licensed hereunder for use by a federal, state or local government of the United States or a political subdivision thereof, such Software and documentation are licensed (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. The following additional statement applies only to procurements governed by DFARS Subpart 227.4 (1988): "Restricted Rights--Use, duplication and disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (1988)."
This AGREEMENT will be governed by the laws of the State of Utah, without reference to conflict of laws principles. In any dispute arising out of this AGREEMENT, you and NTERAS each consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Utah County, Utah.
Should you have any questions concerning this AGREEMENT, or if you desire to contact nTeras Corporation for any reason, please write:
nTeras Corporation
Customer Service
831 East 340 South, Suite 150
American Fork, UT 84003
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