JBlitz Professional distribution permissions and end-user license agreement

CLAN PRODUCTIONS IS WILLING TO LET YOU, FREE OF CHARGE, DOWNLOAD, INSTALL AND USE JBLITZ EVALUATION VERSION (HEREINAFTER REFERRED TO AS "THE SOFTWARE") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE DOWNLOADING, INSTALLING AND RUNNING THE SOFTWARE. BY DOWNLOADING, INSTALLING AND RUNNING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1) The Software

The Software is defined as the accompanying software and documentation and any bug fixes provided at Clan Productions' sole discretion. The Software is deemed to be licensed to you by Clan Productions.

2) The evaluation period

The evaluation period is defined as the thirty day period commencing on the date of first use of this Software by you.

3) Ownership of the Software

This license grants you a non-exclusive, non-transferable, right to use the Software during the term of the evaluation period. Expressly as provided herein, you may not duplicate the Software, or allow the Software to be duplicated. The Software may be installed on at most one (1) computer at any given point in time. You may run the Software on at most one (1) computer at any given point in time. You may only use the Software for internal purposes. You may not resell, sub-license or distribute the Software, or allow the Software to be distributed. You may not decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the Software. The title and intellectual property rights for the Software remain with Clan Productions.

4) DISCLAIMER OF WARRANTY

THE JBLITZ SOFTWARE IS PROVIDED ON AN "AS-IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDED, BUT NOT LIMITED TO, (1) SATISFACTORY QUALITY, (2) FITNESS FOR A PARTICULAR PURPOSE, (3) PERFORMANCE OR ACHIEVEMENT OF A PARTICULAR FUNCTION TASK OR RESULT, (4) NON-INFRINGEMENT OF A PATENT, COPYRIGHT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OR (5) NON-INFRINGEMENT OF ANY TRADE SECRET.

THE SOFTWARE MAY HAVE BUGS, DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY CLAN PRODUCTIONS.

CLAN PRODUCTIONS DOES NOT WARRANT THAT THE DOWNLOAD, INSTALLATION, ACTIVATION OR USE OF THE SOFTWARE WILL NOT CAUSE LOSS OF DATA, INTERRUPTIONS, DENIAL OF SERVICE, OR HARM YOUR OR ANY THIRD PARTY'S HARDWARE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY OPERATING SYSTEM OR ANY OTHER APPLICATIONS OR SERVICES. CLAN PRODUCTIONS DOES NOT WARRANT ANY USE OF ANY SYSTEMS, PROGRAMS, DATABASES OR SERVERS THAT THE SOFTWARE RELIES UPON, IS SUPPORTED BY OR UTILIZES FOR ITS OPERATION.

5) LIMITATION OF LIABILITY

CLAN PRODUCTIONS SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT DAMAGES OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDED BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTIONS, DENIAL OF SERVICE, LOSS OR INACCURACY OF DATA, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY

IN NO CASE SHALL OUR LIABILITY EXCEED THE LICENSE FEES PAID FOR THE RIGHT TO USE THE SOFTWARE. THIS AGREEMENT SHALL BE INTERPRETED UNDER NEW ZEALAND LAWS.

6) Reasonable use.

You may use the software solely for reasonable testing purposes on websites whose owners' permission for such use has been requested and granted. You agree to indemnify and hold Clan Productions and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of non-compliance with this reasonable use statement.

7) No support or maintenance

Clan Productions is under no obligation to support the Software or to provide you with updates, bug fixes or error corrections. If Clan Productions, at its sole discretion, supplies updates or error corrections, such will be considered part of the Software and subject to the terms and conditions set out herein.

8) Termination

This Agreement is effective until the term of the evaluation period has expired or this Agreement has been terminated. You may terminate this Agreement at any time by destroying all copies of the Software. Clan Productions may terminate the Agreement at any time without notice. Upon such termination you must destroy all copies of the Software.

9) Amendments to the agreement

This Agreement may only be amended by a written agreement duly executed by the parties.

10) Miscellaneous

If any part of these terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

This Agreement constitutes the parties entire Agreement. The division of the Agreement into different sections and the labeling of the captions shall not affect the interpretation of the Agreement

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