April 25, 2010
Please read the following Terms of Service Agreement. You must agree to abide by the Terms and Conditions set forth in
this agreement to continue, install, or otherwise use this software.
The following are the terms and conditions upon which JM Media Partners, LLC ("LICENSORS") will license you (in this
document, you will be referred to as "you" or the "Client") to use certain software created by and belonging to
LICENSORS, pursuant to the terms and conditions of this End-User License Agreement (the "License" or the "EULA").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By your usage of this product ("Licensed Software"), you
agree to be bound by the terms and conditions of this EULA.
1. OWNERSHIP AND LIMITS TO USE
The Licensed Software and the Documentation remain at all times the sole and exclusive property of LICENSORS. In order
to protect the rights of LICENSORS, the Client undertakes to comply with the following:
(a) You shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code;
(b) You shall not reverse engineer, attempt to reverse engineer, distribute, provide unregistered license keys, or
otherwise attempt to illegally obtain access to Licensed Software or its source code;
(c) You shall ensure that all personnel using software, including any consultants, comply with all of the terms and
conditions of this EULA and shall be liable for any breaches thereof.
2. MINIMUM CONFIGURATION
The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the
minimal requirements prescribed from time to time by LICENSORS. At no time will LICENSORS make refunds of any kind,
for any reason. It is your responsibility to make sure your system can meet the requirements of this script before you
purchase.
3. LIMITATION OF LIABILITY
THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY
STIPULATED HEREIN, LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED
SOFTWARE, DOCUMENTATION, TECHNICAL SUPPORT AND UPGRADES. LICENSORS EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSORS SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION
OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF
LICENSORS SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY LICENSORS HEREUNDER.
This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including
negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.
4. INSTALLATION AND USE OF LICENSED SOFTWARE
You shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed
Software.
5. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE
You may not modify, adapt, and create improvements directly to the Licensed Software.
6. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed
nor time shared without the prior written consent of LICENSORS. Any such assignment, transfer, delegation, sublicense
or time sharing in breach of this undertaking is void and results in the immediate termination of your license to use the
Licensed Software.
7. TERMINATION
LICENSORS shall have the right to terminate this License immediately without notice in the event that you breach any of
the terms and conditions of this EULA. You agree that in the event of termination of this EULA to immediately cease any
and all use of the Licensed Software, and to destroy any installation of the Licensed Software.
8. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this
License are hereby superseded and merged into this License. This License may not be modified or altered except in
writing.
9. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance
with the laws applicable and in force in the United States.
10. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and
hereby designate the courts of the judicial district of Los Angele County, California, as the appropriate venue for the
hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that
may have the right to hear such dispute.
11. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
(a) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
(b) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
By using this software, you acknowledge having read this license and agree to be bound thereby.
Please read the following Terms of Service Agreement. You must agree to abide by the Terms and Conditions set forth in
this agreement to continue, install, or otherwise use this software.
The following are the terms and conditions upon which JM Media Partners, LLC ("LICENSORS") will license you (in this
document, you will be referred to as "you" or the "Client") to use certain software created by and belonging to
LICENSORS, pursuant to the terms and conditions of this End-User License Agreement (the "License" or the "EULA").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By your usage of this product ("Licensed Software"), you
agree to be bound by the terms and conditions of this EULA.
1. OWNERSHIP AND LIMITS TO USE
The Licensed Software and the Documentation remain at all times the sole and exclusive property of LICENSORS. In order
to protect the rights of LICENSORS, the Client undertakes to comply with the following:
(a) You shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code;
(b) You shall not reverse engineer, attempt to reverse engineer, distribute, provide unregistered license keys, or
otherwise attempt to illegally obtain access to Licensed Software or its source code;
(c) You shall ensure that all personnel using software, including any consultants, comply with all of the terms and
conditions of this EULA and shall be liable for any breaches thereof.
2. MINIMUM CONFIGURATION
The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the
minimal requirements prescribed from time to time by LICENSORS. At no time will LICENSORS make refunds of any kind,
for any reason. It is your responsibility to make sure your system can meet the requirements of this script before you
purchase.
3. LIMITATION OF LIABILITY
THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY
STIPULATED HEREIN, LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED
SOFTWARE, DOCUMENTATION, TECHNICAL SUPPORT AND UPGRADES. LICENSORS EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSORS SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION
OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF
LICENSORS SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY LICENSORS HEREUNDER.
This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including
negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.
4. INSTALLATION AND USE OF LICENSED SOFTWARE
You shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed
Software.
5. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE
You may not modify, adapt, and create improvements directly to the Licensed Software.
6. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed
nor time shared without the prior written consent of LICENSORS. Any such assignment, transfer, delegation, sublicense
or time sharing in breach of this undertaking is void and results in the immediate termination of your license to use the
Licensed Software.
7. TERMINATION
LICENSORS shall have the right to terminate this License immediately without notice in the event that you breach any of
the terms and conditions of this EULA. You agree that in the event of termination of this EULA to immediately cease any
and all use of the Licensed Software, and to destroy any installation of the Licensed Software.
8. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this
License are hereby superseded and merged into this License. This License may not be modified or altered except in
writing.
9. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance
with the laws applicable and in force in the United States.
10. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and
hereby designate the courts of the judicial district of Los Angele County, California, as the appropriate venue for the
hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that
may have the right to hear such dispute.
11. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
(a) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
(b) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
By using this software, you acknowledge having read this license and agree to be bound thereby.
