JWinSvc 1.3c


EULA - End User License Agreement



JWINSVC END USER LICENSE AGREEMENT

This Agreement has 3 parts. Part I applies if you have
not purchased a license to the accompanying software
(the "Software"). Part II applies if you have purchased a
license to the Software. Part III applies to all license
grants.

If you initially acquired a copy of the Software
without purchasing a license and you wish to purchase a
license, contact CSCare Inc. on:

phone: (408) 806-6267
fax: (408) 904-5620
e-mail: asnmp@cscare.com

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT PAID
GRANT (EVALUATION MODE).

CSCare Inc. grants you a non-exclusive license to use the
Software free of charge if your use of the Software is for
the purpose of evaluating whether to purchase an ongoing
license to the Software. If you are using the Software
free of charge, you are not entitled to support or
telephone assistance. You may use the Software in the
manner described in Part III below under "Scope of Grant".

DISCLAIMER OF WARRANTY.

The Software is provided on an "AS IS" basis,
without warranty of any kind, including without
limitation the warranties of merchantability, fitness for
a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Software is
borne by you. Should the Software prove defective, you
and not CSCare Inc. assume the entire cost of any service
and repair. This disclaimer of warranty constitutes an
essential part of the agreement.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT.

Subject to payment of applicable license fees,
CSCare Inc. grants to you a non-exclusive license to use
the Software in the manner described in Part III below under
"Scope of Grant."

LIMITED WARRANTY.

CSCare Inc. warrants for a period of NINETY (90) DAYS
from the date of the purchase that the Software will
execute its programming instructions when properly
installed on the host computer. CSCare Inc. does not
warrant that the operation of the Software will be
uninterrupted or error free. In the event that this
Software fails to execute its programming instructions
during the warranty period, Your sole and exclusive
remedy shall be to return the package to CSCare Inc.
for replacement. Should CSCare Inc. be unable
to replace the package within a reasonable amount
of time, your remedy shall then be a refund
of the purchase price upon return of the product
and all copies.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY CSCARE INC. CSCARE INC. MAKES NO OTHER EXPRESS
WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO
YOU. NO CSCARE INC. DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS,
OR ADDITIONS TO THIS WARRANTY. If any modifications are
made to the Software by you during the warranty period;
if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this
Agreement, then this warranty shall immediately be
terminated. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
BY JURISDICTION.

PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:
* install and use the Software on a single computer;
* copy the Software for archival purposes, provided
every copy must contain all of the original Software's
proprietary notices;

You may not:
* permit other individuals to install and use
the Software except under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on
the Software.

TITLE.

Title, ownership rights, and intellectual property rights
in the Software shall remain in CSCare Inc.
The Software is protected by the copyright laws and treaties.
Title and related rights in the content accessed through
the Software is the property of the applicable content
owner and may be protected by applicable law. This License
gives you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to
comply with the limitations described herein. On
termination, you must destroy all copies of the Software.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
CSCARE INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL CSCARE INC. BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT CSCARE INC. RECEIVED FROM YOU
FOR A LICENSE TO THE SOFTWARE, EVEN IF CSCARE INC. SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.

The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk
Activities"). CSCare Inc. specifically disclaims any
express or implied warranty of fitness for
High Risk Activities.

MISCELLANEOUS.

If the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End User
License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs
your use of the Software. This Agreement represents the
complete agreement concerning this license and may be
amended only by a writing executed by both parties.

THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.

If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable.



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Downloads: 127
Updated At: 2024-03-27
Publisher: CSCare Inc.
Operating System: windows
License Type: Free Trial