JumpKeys Pro distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT
This License Agreement governs the demo and registered versions of
Keyword Merge, TabPad, JumpKeys and JumpKeys Pro.
BY USING, COPYING, TRANSMITTING, DISTRIBUTING OR INSTALLING ANY OF THE
SOFTWARE PRODUCTS IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE
AND MAY INCLUDE ELECTRONIC DOCUMENTATION AND/OR ASSOCIATED MEDIA
("SOFTWARE PRODUCT"), YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, THEN DO NOT
USE, COPY, TRANSMIT, DISTRIBUTE OR INSTALL THE SOFTWARE PRODUCT.
1. DEFINITION OF TERMS
(a) "Licensor": the copyright holder of the software (Bruce Graham,
(b) "APPLICATION FILE": the executable file that is used to run the
software (KeyMerge.exe, TabPad.exe or JumpKeys.exe).
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
3. GRANT OF LICENSE. This License Agreement grants you the following
(a) Computer License. Licensor grants you a non-exclusive,
non-transferable license to install and use one copy of the SOFTWARE
PRODUCT on a single computer. "You" means the company, entity, or
individual installing or using the SOFTWARE PRODUCT. "Use" means
storing, loading, installing, executing, or displaying the SOFTWARE
PRODUCT. The primary user of the computer on which the SOFTWARE PRODUCT
is installed may also install and use an additional copy of the
SOFTWARE PRODUCT on a single portable or home computer.
(b) Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server, used
only to install or run the SOFTWARE PRODUCT on your other computers
over an internal network; however, you must acquire and dedicate a
License for each separate computer on which the SOFTWARE PRODUCT is
installed or run from the storage device. A License for the SOFTWARE
PRODUCT may not be shared or used concurrently on different computers.
(c) Backup Copy. You may make an additional exact copy of the
SOFTWARE PRODUCT for archival purposes only.
(d) Application Design. You may make as many additional exact copies
of the APPLICATION FILE as you wish for use on each computer that the
SOFTWARE PRODUCT is installed.
(e) Demo Version. The demo version of the SOFTWARE PRODUCT may be
used for a maximum of 21 days from the date it is first installed,
after which time you must purchase the registered version or remove
the SOFTWARE PRODUCT from your computer.
4. OTHER RIGHTS AND LIMITATIONS
(a) You may not reverse engineer, decompile, disassemble, modify or
translate the SOFTWARE PRODUCT, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
(b) Any supplemental software provided to you for use with the
SOFTWARE PRODUCT shall be considered part of the SOFTWARE PRODUCT and
subject to the terms and conditions of this License Agreement.
(a) Provided that you verify that you are distributing the full demo
version of the SOFTWARE PRODUCT ("DEMO SOFTWARE PRODUCT"), Licensor
grants you a non-exclusive, non-transferable right to (i) give exact
copies of the DEMO SOFTWARE PRODUCT personally to anyone or (ii)
distribute exact copies of the DEMO SOFTWARE PRODUCT, if done
exclusively through electronic channels. You may make as many exact
copies of the DEMO SOFTWARE PRODUCT as you wish, for purposes of
distribution as described in (i) and (ii) above. YOU ARE SPECIFICALLY
PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES,
HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF
ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION
FROM LICENSOR. LICENSOR RESERVES THE RIGHT TO REVOKE THE ABOVE
DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON.
(b) You may not distribute the registered version of the SOFTWARE
(c) You may not distribute any component of the DEMO SOFTWARE PRODUCT
independently of the full SOFTWARE PRODUCT.
6. EXPORT RESTRICTIONS
You agree and certify that the SOFTWARE PRODUCT, or any part thereof,
will not be exported outside Canada or the United States except as
authorized and as permitted by the laws and regulations of Canada and
the United States. If the SOFTWARE PRODUCT has been rightfully obtained
by you outside of Canada or the United States, you agree that you will
not re-export the SOFTWARE PRODUCT, or any part thereof, except as
permitted by the laws and regulations of Canada and the United States
and the laws and regulations of the jurisdiction in which you obtained
the SOFTWARE PRODUCT.
You acknowledge and agree that all right, title and interest in and
to the SOFTWARE PRODUCT, including all intellectual property rights
therein, are the property of Licensor, subject only to the licenses
granted to you under this Agreement. This Agreement is not a sale and
does not transfer to you any title or ownership in or to the SOFTWARE
PRODUCT or any patent, copyright, trade secret, trade name, trademark
or other proprietary or intellectual property rights related thereto.
You may not rent, lease, transfer, assign, sublicense or grant any
rights in the SOFTWARE PRODUCT, in full or in part, to any other
company, entity, or individual.
9. DISCLAIMER OF WARRANTY
THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. YOU ARE RESPONSIBLE FOR INSTALLATION, MANAGEMENT, AND
OPERATION OF THE SOFTWARE PRODUCT. Good data processing procedure
dictates that any software be thoroughly tested with non-critical data
for all of your purposes before relying on it. YOU ASSUME THE ENTIRE
RISK OF USING THE SOFTWARE PRODUCT. LICENSOR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR
10. LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE PRODUCT BE LIABLE TO
YOU FOR DAMAGES, INCLUDING ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE PRODUCT (INCLUDING, BUT NOT LIMITED TO, INJURY TO
PERSON OR PROPERTY, LOSS OF PROFITS OR REVENUES, LOSS OF DATA OR DATA
BEING RENDERED INACCURATE, OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES
FOR A FAILURE OF THE SOFTWARE PRODUCT TO OPERATE WITH ANY OTHER
SOFTWARE), EVEN IF LICENSOR OR ANY OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, NOR FOR ANY CLAIM BY ANY OTHER PARTY. IN
NO EVENT SHALL LICENSOR`S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR
THE SOFTWARE PRODUCT.
Without prejudice to any other rights, Licensor may terminate this
License Agreement if you fail to comply with the terms and conditions
of this License Agreement. In such event, you must destroy all copies
of the SOFTWARE PRODUCT and all of its component parts.
(a) This Agreement shall be governed by and construed in accordance
with the laws of the Province of British Columbia, Canada, excluding
the application of its conflicts of law rules, and without regard to
the 1980 United Nations Convention on Contracts for the International
Sale of Goods. The federal and provincial courts of British Columbia
shall have exclusive jurisdiction and venue to adjudicate any dispute
arising out of this Agreement, and you expressly consent to the
personal jurisdiction of said courts.
(b) The parties hereto confirm that it is their wish that this
Agreement as well as all other documents relating hereto have been and
shall be drawn up in English only.
(c) No action or proceeding against Licensor shall be commenced more
than one year after your first use of the SOFTWARE PRODUCT, and no such
claim may be brought unless Licensor has first been given reasonable
notice and a full written explanation of all pertinent details
(including copies of all materials).
(d) If for any reason a court of competent jurisdiction finds any
provision of this Agreement unenforceable, that provision of the
Agreement shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this Agreement
shall continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT
IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU
AND LICENSOR WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF
revised: Mar 10, 2003