PLEASE READ CAREFULLY: This is a legal Agreement between JAXO SYSTEMS SARL and you (either an individual or a single entity). This Agreement covers all software, data, documentation, written materials, files and information which it accompanies. This Agreement takes precedence over any other agreement embedded within the software.
This Agreement is available only for use of the Software within countries that are signatories of the Treaty of Paris.
If you do not agree with any term or condition, do not download, order, open, install or use the product package. Contact JAXO SYSTEMS SARL to arrange the return of the software and accompanying materials to JAXO SYSTEMS SARL at no charge to you.
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. This Agreement is governed by the laws of the French Republic (except to the extent federal law governs copyrights and federally registered trademarks). This Agreement is the entire agreement between us and you agree that Jaxo Systems will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact Jaxo Systems at this address:
JAXO SYSTEMS
5 bis rue Joseph Vidal
34000 Montpellier
France
The enclosed Software is Confidential Information. You will not disclose Software or any comments regarding Software to any third party without the prior written approval of JAXO SYSTEMS SARL. You will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on your part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to you without any limitation on use or disclosure prior to its receipt from JAXO SYSTEMS SARL; or (d) independently developed by your employees; or (e) generally made available to third parties by JAXO SYSTEMS SARL without restriction on disclosure.
JAXO SYSTEMS SARL grants you the right to copy the software onto a single computer, for a single user and for your internal use only. You will not use, copy, modify, sell or transfer any part of the Software except as provided in this Agreement. You may use the Software for your personal use only, and not for public performance or for the creation of publicly displayed presentations.
Except as specifically permitted in writing, you may not: (a) Copy the Software except as provided in this Agreement or elsewhere by JAXO SYSTEMS SARL. (b) Sublicense or permit simultaneous use of the Software by more than one user. (c) Reverse engineer, decompile, or disassemble the Software. (d) rent, lease, or lend the Software. You may NOT transfer the Software under any circumstances.
Title to the Software and all copies thereof remain with JAXO SYSTEMS SARL. The Software is copyrighted and is protected by copyright laws and international treaty provisions. You will not remove copyright notices from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, JAXO SYSTEMS SARL does not grant any express or implied right to you under JAXO SYSTEMS SARL patents, copyrights, trademarks, or trade secret information.
If not terminated sooner by JAXO SYSTEMS SARL, this license to use Software expires 3 months after the date of delivery of Software from JAXO SYSTEMS SARL to you, after which you shall either return all Software to JAXO SYSTEMS SARL or shall certify that the Software has been destroyed, with no copies of any kind remaining. JAXO SYSTEMS SARL may terminate this license at any time without any liability.
Provision of any Software under this Agreement is experimental and shall not create any obligation for JAXO SYSTEMS SARL to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL JAXO SYSTEMS SARL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF JAXO SYSTEMS SARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOFTWARE IS BELIEVED TO CONTAIN DEFECTS AND ONE PURPOSE OF THIS BETA TEST LICENSE IS TO IDENTIFY DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF SOFTWARE.