USE OF THE JELSTUDIO SOFTWARE IDENTIFIED ABOVE (THE
"SOFTWARE") INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER
SOFTWARE PRODUCTS BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE
"JELSTUDIO SOFTWARE"), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE
APPLICABLE "AS-IS WARRANTY STATEMENT" PROVIDED AS A SEPARATE DOCUMENT. YOU
SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE ASKED TO REVIEW AND
EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT.
JELSTUDIO HAS IDENTIFIED JELSTUDIO SOFTWARE BY
EITHER NOTING THE RELEVANT PARTYS OWNERSHIP WITHIN EACH JELSTUDIO SOFTWARE PROGRAM
FILE AND/OR BY PROVIDING INFORMATION IN THE "RELEASE_NOTES.TXT" FILE THAT IS
PROVIDED AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY JELSTUDIO SOFTWARE shall
be governed by That party's license agreement ("JELSTUDIO software license") and
not by this Agreement EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" FOR THE
SOFTWARE SHALL CONTINUE TO APPLY TO SUCH JELSTUDIO SOFTWARE. THE LICENSES FOR THE
JELSTUDIO SOFTWARE ARE INCLUDED IN such JELSTUDIO software AND/OR SET FORTH IN THE
"JELSTUDIO.TXT" FILE THAT IS PROVIDED AS PART OF THE DOWNLOAD OF THE SOFTWARE.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT REVIEWING SUCH JELSTUDIO SOFTWARE LICENSES
OR OTHER TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH JELSTUDIO SOFTWARE LICENSES OR
IF YOU ("CUSTOMER") AGREE TO BE BOUND BY AND COMPLY
WITH ALL THE TERMS OF THIS AGREEMENT (INCLUDING THE "AS-IS WARRANTY STATEMENT"
AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS
IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE "JELSTUDIO.TXT" FILE), YOU MUST
CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON PLACE A CHECK IN THE
APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE
"AS-IS WARRANTY STATEMENT" AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY
OTHER LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE SOFTWARE
"JELSTUDIO.TXT" FILE), JELSTUDIO IS UNWILLING TO GRANT YOU ANY RIGHTS TO USE THE
SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE AND INDICATE YOUR REJECTION OF THIS
AGREEMENT BY NOT CLICKING THE BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A
BUTTON BY NOT PLACING A CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE
FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE
LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT (INCLUDING THOSE TERMS
AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN THE "JELSTUDIO.TXT" FILE) ON
BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS
AND LIMITATIONS APPLY TO YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR
EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR PRINCIPAL, YOUR
EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
Subject to any rights, limitations and obligations set forth in
the license terms for the JELSTUDIO software whether or not included in the Files.txt or
JELSTUDIO grants Customer a worldwide,
non-exclusive license to use the software on any one computer. Customer may not network
the software or otherwise use it on more than one computer. Customer may make copies or
adaptations of the software (a) for archival purposes or (b) when copying or adaptation is
an essential step in the use of the software with a computer so long as the copies and
adaptations are used in no other manner
1. GENERAL TERMS FOR THE SOFTWARE
a) Software is owned and
copyrighted by JELSTUDIO or by third party suppliers. Customer's license to Use the
Software confers no title or ownership and is not a sale of any rights in the Software.
Third party suppliers are intended beneficiaries under this Agreement and may protect
their rights in the Software directly against the Customer.
b) Customer has no right to rent, lease, time
share, or otherwise transfer the rights to the Software without the written consent of the
owner of the Software. Customer may not copy the Software onto any public or distributed
c) Customer must reproduce all copyright notices
and other proprietary legends in or on the original Software on all permitted copies or
adaptations. You may not remove from the Software, or alter, any of the trademarks, trade
names, logos, patent or copyright notices or markings, or add any other notices or
markings to the Software.
d) JELSTUDIO shall have no obligation to provide
support for the Software. This license does not entitle you to receive upgrades, updates
or technical support. JELSTUDIO reserves the right to require additional licenses and fees
for Use of the Software on a different computer or device, or on the class or series of
e) Customer will not modify, disassemble,
decompile, decrypt, or otherwise attempt to access or determine the source code of the
Software (including any products not specifically enumerated in the files.txt or
JELSTUDIO.txt files) without JELSTUDIO's prior written consent. Where Customer has other
rights under statute, Customer will provide JELSTUDIO with reasonably detailed information
regarding any intended disassembly or decompilation. Customer will not decrypt the
Software unless necessary for legitimate use of the Software.
f) JELSTUDIO may terminate Customer's license
to Use the Software upon notice for failure to comply with any applicable Software license
terms or at any time for any reason whatsoever. Immediately upon termination, all copies
of the Software will be destroyed or returned to JELSTUDIO. Customer shall remove, destroy
or return to JELSTUDIO all copies of the Software that are merged into adaptations, except
for individual pieces of data in Customer's database. With JELSTUDIO's prior written
consent, one copy of the Software may be retained subsequent to termination for archival
g) The Software may be only compatible with
certain hardware platforms and/or operating systems. Customer acknowledges and agrees that
Customer has the sole responsibility to independently obtain and independently license
and/or acquire the system requirements.
h) JELSTUDIO, or its designee(s), shall, during
regular business hours at Customers offices and in such a manner that does not
interfere with Customers normal business activities, have the right to inspect and
audit, or have an inspection and audit, of the number of copies of Software Used by
Customer, the computers on which the Software, if any, is installed and the number of
users Using any such Software. JELSTUDIOs audit rights shall not terminate or expire
until three (3) years after termination or expiration of this Agreement.
i) In the following provision regarding Software
licenses to the U.S. Government, the term "Customer" means JELSTUDIO's direct
licensee and the end-user.
1) If Software is licensed for use in the
performance of a U.S government prime contract or subcontract, Customer agrees that
Software has been developed entirely at private expense. Customer agrees that Software,
and any derivatives or modifications, is adequately marked when the Restricted Rights
Legend below is affixed to the Software or to its storage media and is perceptible
directly or with the aid of a machine or device. Customer agrees to conspicuously put the
following legend on the Software media with Customer's name and address added below the
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure is subject to
JELSTUDIO standard commercial license terms and for non-DOD Departments and Agencies of
the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987).
2) Customer further agrees that Software is
delivered and licensed as "Commercial computer software" as defined in DFARS
252.227-7014(Jun 1995) or as a "commercial item" as defined in FAR 2.101(a), or
as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any
equivalent agency regulation or contract clause), whichever is applicable. The Customer
agrees that it has only those rights provided for such Software by the applicable FAR or
DFARS clause or the JELSTUDIO standard software agreement for the product involved.
a) Customer may not assign or transfer this
Agreement or any rights or obligations hereunder without prior written consent of
JELSTUDIO. Any such attempted assignment or transfer will be null and void. JELSTUDIO may
terminate this Agreement in the event of any such attempted assignment or transfer.
b) Customer may not export or re-export this
software or any copy or adaptation in violation of any applicable laws or regulations.
Without limiting the generality of the foregoing, hardware, software, technology or
services provided under this license agreement may not be exported, reexported,
transferred or downloaded to or within (or to a national resident of) countries under U.S.
economic embargo including the following countries: Afghanistan (Taliban-controlled
areas), Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. This list is subject to
Hardware, software, technology or services may
not be exported, reexported, transferred or downloaded to persons or entities listed on
the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern
or on any U.S. Treasury Department Designated Nationals exclusion list, or to parties
directly or indirectly involved in the development or production of nuclear, chemical,
biological weapons or in missile technology programs as specified in the U.S. Export
Administration Regulations (15 CFR 744).
By accepting this license agreement you confirm
that you are not located in (or a national resident of) any country under U.S. economic
embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity
List or Treasury Department Designated Nationals exclusion list, and not directly or
indirectly involved in the development or production of nuclear, chemical, biological
weapons or in missile technology programs as specified in the U.S. Export Administration
c) This Agreement shall be construed in
accordance with the laws of the State of JEL, without regard to conflict of laws
principles. The United Nations Convention on Contracts for the International Sale of Goods
is specifically disclaimed.
d) If any term or provision herein is determined
to be illegal or unenforceable, the validity or enforceability of the remainder of the
terms or provisions herein will remain in full force and effect. Failure or delay in
enforcing any right or provision of this Agreement shall not be deemed a waiver of such
right or provision with respect to any subsequent breach. Provisions herein, which by
their nature extend beyond the termination of any license of Software, will remain in
effect until fulfilled.
e) Customer acknowledges that obtaining and
maintaining accurate Customer information, including but not limited to name and requested
contact information, ("Account Information") is critical to the successful
management of each Software license, which may include, but may not be limited to,
managing updates and providing support (as applicable and under separate agreement) and
investigating property right infringements. Customer agrees and warrants that Customer has
provided and will maintain true, full and correct Account Information at all times during
the term of this license and promptly provide such information to JELSTUDIO, upon
JELSTUDIOs request. Customer agrees that Customer will not provide false,
misleading, or inadequate Account Information.
f) This Agreement, including all JELSTUDIO
Software terms and conditions downloaded in or with the Software, is the final, complete
and exclusive agreement between the parties relating to the Software, and supersedes any
previous communications, representations or agreements between the parties, whether oral
or written, regarding transactions hereunder. Customer's additional or different terms and
conditions will not apply. These license terms may not be changed except by an amendment
signed by an authorized representative of each party.
AS-IS WARRANTY STATEMENT
TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE
IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED. JELSTUDIO SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT,
TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. *****
IMPORTANT: THIS ENTIRE AGREEMENT IS A JOKE AND 100 PERCENT NULL AND VOID!!! YOU ARE NOT
BOUND BY IT IN ANY WAY. IT IS MEANT AS A PROTEST ON THE WAY MODERN GOVERNMENTS SHOW NO
RESPECT FOR HUMAN RIGHTS OR CIVIL RIGHTS. IT IS NOT FAIR TO EXPECT PEOPLE TO READ SUCH AN
ENTIRE DOCUMENT OF... WELL, HORSE-MANURE. HOW MANY TIMES HAVE YOU ACCEPTED SIMILAR
AGREEMENTS WHEN INSTALLING SOFTWARE? DID YOU ALWAYS READ EVERY SINGLE WORD AND SENTENCE?
DOING BUSINESS LIKE THIS SHOULD BE CONSIDERED ILLEGAL. IF YOU DO NOT AGREE WITH ME THAT
TRICKING PEOPLE WITH LONG IMPOSSIBLE TO UNDERSTAND AGREEMENTS LIKE THIS IS UNFAIR,
REGARDLESS OF WHO IS DOING IT, THEN CONSIDER YOURSELF FULLY, BOTH LEGALLY AND ANY
OTHERWISE, OR ANY OTHER WAY, DEPENDING ON WHICH OF THOSE 2 WORDS "OTHERWISE OR OTHER
WAY" BEAR THE MOST WEIGHT IN THAT PARTICULAR COURT WHERE YOU WOULD STAND TRIAL IF YOU
OBJECT, BOUND BY THIS AGREEMENT AGAIN, BECAUSE THEN THE JOKE IS ON YOU. FAIR PLAY MEANS
FAIR FOR ALL, NOT JUST FAIR FOR THOSE RICH ENOUGH TO HIRE EXPENSIVE LAWYERS, OR EVEN CHEAP
LAWYERS FOR THAT MATTER. *****. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
JELSTUDIO OR JELSTUDIOS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND
THIS "AS IS" WARRANTY. Some jurisdictions do not allow exclusions of implied
warranties or conditions, so the above exclusion may not apply to you to the extent
prohibited by such local laws. You may have other rights that vary from country to
country, state to state, or province to province.
2. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN
NO EVENT WILL JELSTUDIO OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN
WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT JELSTUDIO WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. the software is not specifically designed,
manufactured or intended for use in the planning, construction, maintenance, or direct
operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. Customer is solely
liable if the software is used for these applications. Customer will indemnify and hold
JELSTUDIO harmless from all loss, damage, expense or liability in connection with such
use. Your use of the Software is entirely at your own risk. Should the Software prove
defective, you assume the entire cost of all service, repair or correction. Some
jurisdictions do not allow the exclusion or limitation of liability for incidental or
consequential damages, so the above limitation may not apply to you to the extent
prohibited by such local laws.
NOTE. EXCEPT TO THE EXTENT
ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN
ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO
YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO
THE SOFTWARE PROVIDED IN CONNECTION WITH THIS WARRANTY STATEMENT.
IF YOU AGREE TO BE BOUND BY AND COMPLY WITH
ALL THE TERMS OF THIS LIMITED WARRANTY STATEMENT, YOU MUST CLICK THE BUTTON OR PLACE A
CHECK IN THE APPLICABLE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS LIMITED WARRANTY
STATEMENT, JELSTUDIO IS UNWILLING TO GRANT YOU ANY RIGHTS TO USE THE SOFTWARE, AND YOU
MUST STOP INSTALLING THE SOFTWARE AND INDICATE YOUR REJECTION OF THIS LIMITED WARRANTY
STATEMENT BY NOT CLICKING THE BUTTON OR PLACING A CHECK IN THE APPLICABLE
BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES
YOUR ACCEPTANCE OF THIS LIMITED WARRANTY STATEMENT.
FINALLY: IF YOU AGREE TO THESE TERMS AND
CONDITIONS THEN ALL YOUR PRESENT AND FUTURE WEALTH AND RICHES WILL BELONG TO JEL (THE
OWNER AND OPERATOR OF THIS WEBSITE) UNCONDITIONALLY. IN FACT, IF YOU AGREE TO THESE TERMS
AND CONDITIONS YOU SUBMIT YOURSELF AS WILLING SLAVE TO DO ALL JEL'S BIDDINGS WHATEVER THEY
MIGHT BE (hey, it's not my fault if you didn't read the small print before accepting this
agreement, is it? If you actually believe agreements like this is fair-game, then you are
absolutely bound by this agreement for all eternity, hehe ;) ). YOU MAY NOT PROTEST THIS
IN ANY WAY WHATSOEVER. Thank you for your kind cooperation and silent consent.