License

JSCAPE MFT SYNCHRONIZER LICENSE STATEMENT AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and JSCAPE, LLC. ("JSCAPE") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

Upon your acceptance of the terms and conditions of the License Agreement, JSCAPE grants you the right to use the Software in the manner provided below.

This Software is owned by JSCAPE and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.

You acknowledge that the Software is a confidential trade secret of JSCAPE and therefore you agree not to reverse engineer, decompile, or disassemble the Software.   You further acknowledge and agree that you may not use the Software to create any product or service that directly or indirectly competes with the Software or any JSCAPE offering.

ADDITIONAL LICENSE TERMS FOR SOFTWARE

STARTER LICENSE

JSCAPE grants to you (either an individual or single entity) nonexclusive license to install and use the Software free of charge.  You may redistribute the software free of charge as long as the software and documentation are maintained in their original form.

ENTERPRISE EDITION

JSCAPE grants to you (either an individual or single entity) a non-exclusive license to install and use a single instance of Software on a single computer or virtual machine.  Software may not be shared, installed or used concurrently on different computers without purchasing a separate license for each computer or virtual machine.  If you wish to install multiple instances of Software then a separate license MUST be purchased for each instance installed.  If you are using any virtualization technology then a separate license MUST be purchased for each environment which uses Software.

JSCAPE MFT Synchronizer Agent, an agent for communicating with the control channel of Software, may be installed on additional computers or virtual machines without charge.

API libraries needed for communicating with Software, may be installed on additional computers or virtual machines without charge.

PRODUCT ACTIVATION

You may need to activate the Software through the use of the Internet.  You agree that JSCAPE may use such measures for license management purposes and that JSCAPE may revoke a Software license if requested by you for purposes of moving Software to a different machine or for 60 days or more of non-payment of Software license fees.

LIMITED WARRANTY

JSCAPE warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

The above warranty DOES NOT apply to any BETA software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which JSCAPE does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JSCAPE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION 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"). JSCAPE and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

GENERAL PROVISIONS

This License Agreement may only be modified in writing signed by you and an authorized officer of JSCAPE. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware, U.S.A. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. JSCAPE reserves all rights not specifically granted in this License Agreement. 

TECHNICAL SUPPORT AND UPGRADES

Technical support and upgrades is available to all registered users free of charge for a period of one year after date of purchase.  All technical support questions are to be submitted to the JSCAPE help desk available online at http://help.jscape.com for a prompt reply.    Following the first year of use, users may optionally purchase an annual maintenance agreement ("Subscription") which entitles them to another year of free upgrades and technical support.  The rate for Subscription is 30% of the current license fee.

CUSTOM DEVELOPMENT

JSCAPE may on occasion collaborate with you on the development of new features in the Software.  In some cases this development may be done for a negotiated fee between you and JSCAPE.  You acknowledge and agree that any such development is exclusive property of JSCAPE and waive any and all rights to intellectual property created as a result of aforementioned development.

INCORPORATED SOFTWARE

This Software incorporates various 3rd party libraries and open source software.  These libraries and their respective license agreements may be found in the libs directory relative to t        he Software installation directory.