» version 1.21 - posted on 2008-09-04
EULA - End User License Agreement
JetDraft Software Document Suit 2008
End-User License Agreement (EULA)
Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates your acceptance of these terms.
This JETDRAFT End-User License Agreement ("EULA") is a legal agreement between you, the end user, and JetDraft Software (the JETDRAFT) for the above-identified JETDRAFT product that accompanies this EULA, including any and all associated media, printed materials, and "online" or electronic documentation (the SOFTWARE). The SOFTWARE is protected by copyright laws and international treaty provisions.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not use the SOFTWARE. You may obtain a refund of the amount you originally paid if you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where you bought the SOFTWARE, within the term provided by the law of the country and the return policy of the location in which you purchased the SOFTWARE.
1. Grant of License
1.1 Subject to your compliance with the terms of this EULA, JETDRAFT grants you, the end user, a non-exclusive license enabling you to use the SOFTWARE.
1.2 All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2.1 JETDRAFT represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and "applets" incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2 The SOFTWARE contains valuable trade secrets and confidential information belonging to JETDRAFT and is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions, and the applicable laws of the country in which it is being used. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of JETDRAFTs intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
2.3 You may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computer or from your Local Area Network in the case of such SOFTWARE transfer.
3. Using the SOFTWARE
3.1 If your copy of the SOFTWARE is named "JETDRAFT Document Suit 2008", you may install and use one copy of the SOFTWARE on your desktop (office) computer and your portable (home) computer only. You may not install the SOFTWARE on more than two computers and you may not use the SOFTWARE on more than one computer at a time, unless otherwise stipulated in a supplemental agreement with JETDRAFT or in a license certificate accompanying the SOFTWARE.
4. Multiple-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are licensed to use one copy of the SOFTWARE on one computer, unless otherwise stipulated in a supplemental agreement with JETDRAFT or in a license certificate accompanying the SOFTWARE.
5. End-User Databases
5.1 You may create your own databases for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
6. Source code (the SOURCE CODE)
6.1. If you have got the license at JETDRAFT or its authorized trading intermediary on SOFTWARE which includes the SOURCE CODE, JETDRAFT gives you the non-exclusive license for its use. You may modify the SOURCE CODE solely at your own risk.
You may not distribute, disclose make available or accessible to any third party any part of the SOURCE CODE or derivative work in source code format. You may not use the SOURCE CODE as a basis for creating products that provide the same, or substantially the same, functionality as the SOFTWARE.
7. Redistribution of the SOFTWARE and SOURCE CODE
7.1 Any re-distribution of the SOFTWARE or SOURCE CODE is strictly prohibited, except elements specially intended for it (described in article 7.2). Redistribution includes, but is not limited to, granting access to third parties, selling (except as described in article 2.3), renting, leasing, or lending the SOFTWARE.
7.2. JETDRAFT grants you the non-exclusive and royalty-free license to distribute certain files ("REDISTRIBUTABLE FILES") from the SOFTWARE provided you purchased a license to the SOFTWARE from JETDRAFT or its authorized reseller and such distribution is conducted in conjunction with an application you developed using the SOFTWARE. The REDISTRIBUTABLE FILES are limited to:
a) binary files compiled from the "SOURCE CODE"
c) binary files: Navigator.exe, NavigatorExe.exe.
8.1 You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you activate your copy of the SOFTWARE. When you activate your copy of the SOFTWARE, no personal information will be transmitted to JETDRAFT. Activation is completely anonymous. During activation, a unique parameter is created that represents the configuration of your computer at the time of activation. The parameter does not include any personal information, any information about software or data that may reside on your computer, or any information about the specific make or model of your computer. The parameter identifies the computer solely for the purpose of activation. Together with the parameter, the name, serial number, version number, and interface language of your copy of the SOFTWARE will be sent to JETDRAFT. This information will only be used to select the correct language and contents of a reply message that is sent to you to confirm the results of activation. None of this information will be used for any other purpose.
8.3 You may not perform or make it possible for other persons to perform any activities included in the list below:
8.3.1 Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and other SOFTWARE components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
8.3.2 Modify the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
8.3.3 Transfer any rights granted to you hereby and other rights related to the SOFTWARE to any other person, except as described in article 2.3.
8.3.4 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as you to use the SOFTWARE.
9. Support Services
9.1 JETDRAFT provides you with support services related to the SOFTWARE ("Support Services"). JETDRAFT reserves the right to change the support policy any time without any prior notice.
9.2 Any supplementary software code provided to you as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
9.3 To be eligible for Support Services, you are required to provide JETDRAFT with information about the characteristics of your hardware, as well as standard personal details including your name, company name (if applicable), address, phone number and e-mail address.
9.4 JETDRAFT may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that JETDRAFT does not utilize such information in any form that personally identifies you.
10. Not for Resale Software
10.1 If the SOFTWARE is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, verification or testing purposes.
11. Software for Trial Purposes
11.1 If the SOFTWARE is labeled "TryBuy," "Trial" or "Demo," then this section shall apply until such time that you purchase a license for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an "as is" basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the license hereunder shall be terminated, unless extended by JETDRAFT upon your purchase of a full retail license from JETDRAFT.
12.1 If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by JETDRAFT as being eligible for the upgrade in order to use the SOFTWARE.
12.2 The SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
12.3 Once you have installed the upgraded product, your previous EULA is considered null and void.
12.4 You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with the product.
12.5 You acknowledge that any obligation JETDRAFT may have to support the version of the SOFTWARE being upgraded shall end upon the availability of the upgrade.
13.1 Without prejudice to any other rights, JETDRAFT may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
13.2 In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
14. Warranties and Indemnifications
14.1 JETDRAFT warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase. If the SOFTWARE was purchased in the Russian Federation, this period will constitute 60 days starting from the date of purchase.
14.2 In all other respects, the SOFTWARE is supplied "as is." JETDRAFT does not guarantee that the SOFTWARE will carry no errors, nor will it take on any liability for damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE.
14.3 JETDRAFT does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE will function properly when used in conjunction with any other software or hardware.
14.4 Except as expressly provided herein, JETDRAFT makes no other warranties, either expressed or implied, regarding the SOFTWARE, its merchantability, or its fitness for any particular purpose, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
14.5 Some states or jurisdictions do not allow the exclusion or limitation of direct or indirect damages, or the exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to sixty (60) days from the date of purchase. You may have other rights, which vary from state to state or jurisdiction to jurisdiction.
14.6 In any event, JETDRAFTs sole obligation or liability under this EULA, regardless of the nature of the events that resulted in such an obligation or liability, shall not exceed the purchase price originally paid for the SOFTWARE.
15. Export Rules
15.1 If purchased in the United States, the SOFTWARE shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable legislation.
16.1 If you acquired the SOFTWARE via the Internet (including "Not for Resale" and/or "Upgrade" versions):
16.1.1 JETDRAFT expressly disclaims any warranty or liability obligations to you of any kind, and the SOFTWARE, including any related documentation, is provided "as is" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for any particular purpose, or non-infringement;
16.1.2 JETDRAFT shall not provide you with any printed materials, including the Users Guide;
16.2 If you purchased the SOFTWARE via the Internet you may only use the SOFTWARE in accordance with the terms stated in Section 3 of this EULA unless otherwise stipulated in the electronic documentation accompanying the SOFTWARE.
16.3 Remuneration, according to this EULA, is defined as the purchase price of the SOFTWARE required by JETDRAFT or its distributors and must be paid on the conditions established by them.
16.4 This EULA comes into force when you accept all the conditions stated herein by choosing the "I accept the terms of the license agreement" declaration followed by the "Next" command on your computer screen, and is binding for the entire period of the SOFTWARE copyright.
16.5 If you do not agree with the terms and conditions of this EULA, choose the "I do not accept the terms of the license agreement" declaration and proceed by selecting the "Cancel" command.
16.6 JETDRAFT guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within the JETDRAFT Group.
16.7 JETDRAFT guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within JETDRAFT.
17. General Provisions
17.1 If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.