Terms and Conditions for the installation of Journease (Standard and Professional)

When you purchase Journease you will have to agree to the following license as part of the installation process. Please read carefully and understand all that is contained within.

JOURNEASE SOFTWARE LIMITED SOFTWARE LICENSE AGREEMENT

Software Product: Journease ("Software")
Licensor: Journease Software Limited (“Journease Software”)

The Name "Windows", "Microsoft", and "Mappoint" are trademarks of the Microsoft corporation. Mappoint software copyright 2001 Microsoft Corporation 2001., All Rights Reserved. Crystal Reports for Visual Studio.NET Copyright 1999-2001 Crystal Decisions, Inc. All rights reserved.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY PROCEEDING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

1. License.
Journease Software Limited grants to you the right to use this copy of Journease software and the related documentation (the "Software") on a single computer. You own the media on which the Software is recorded, but Journease Software Limited retain title to the Software and related documentation including copies, regardless of form or media and to all copyrights therein. You may store one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the Journease Software Limited copyright notice and other proprietary legends that were on the original copy of the Software. You may not reproduce the media holding the copy protection ("Authorisation") in any shape or form.

2. Transfer of Rights
You may transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this license.

3. Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect this, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software, or any part of the software to a human perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another in a network.

4. Termination.
This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from Journease Software Limited, if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and fonts and all copies thereof.

5. Limited Warranty on Media.
Journease Software Limited warrants the diskettes and/or compact disc on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Journease Software Limited entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting Journease Software Limited limited warranty and which is returned to Journease Software Limited or an Journease Software Limited authorised representative with a copy of the receipt. Journease Software Limited will have no responsibility to replace a disc damaged by accident, abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE DISKETTES AND/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION

6. Disclaimer of Warranty on Journease Software Limited Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided on an "AS IS" basis and without warranty of any kind. Journease Software Limited and Journease Software Limited' Licenser(s) (for the purposes of provisions 6 and 7, Journease Software Limited and Journease Software Limited' Licenser(s) shall be collectively referred to as "Journease Software Limited") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Journease Software Limited DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Journease Software Limited DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Journease Software Limited OR A Journease Software Limited AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Journease Software Limited OR A Journease Software Limited AUTHORISED REPRESENTATIVE) ASSUME THE JURISDICTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL Journease Software Limited BE LIABLE FOR ANY INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Journease Software Limited OR A Journease Software Limited AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall Journease Software Limited' total liability to you for all damages, losses, and causes of action (whether in contract, to or (including negligence) or otherwise) exceed the amount paid by you for the Software.

8. Governing Law and Severability.
This License shall be governed by and construed in accordance with the laws of the United Kingdom, as applied to agreements entered into and to be performed entirely within the United Kingdom between UK residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the software and the related documentation and supersedes all prior contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of Journease Software Limited.

10. Microsoft's Terms
The Microsoft products contained or referenced in the accompanying Microsoft software packages or Microsoft license agreements have been integrated or pre-installed as part of the Journease Software solution. Each Microsoft product is subject to its respective Microsoft End User License Agreement contained in the accompanying software packages or license agreements with the exception that the Microsoft product functionality as integrated in the Journease Software solution may differ from a non-integrated Microsoft product and any issues concerning the functionality or performance of the Journease Software solution and the Microsoft products should be directed to Journease Software Limited and not to Microsoft.

Please be advised that if the accompanying Microsoft product software package is in the form of a "Microsoft License Pak," or a "Microsoft Open License" (as opposed to a full packaged product), the right to make additional copies of the Microsoft product has already been exercised by Journease Software Limited in integrating or pre-installing the Microsoft product in this solution. You may not, therefore, make additional copies of the product pursuant to the Microsoft License Pak or Microsoft Open License notwithstanding any license terms in such document.

If you agree to be bound by the terms and conditions of the Microsoft End User License Agreements and this paragraph that apply to the integrated or pre-installed Microsoft Products, please click the ‘I accept the terms in the License Agreement’ option and click ‘Next’ to continue with this installation.

If you do not consent to the terms and conditions of the Microsoft End User License Agreements and this paragraph, please click the ‘I do not accept the terms in the License Agreement’ option and click 'Cancel' to exit, at the prompt below, and return the Journease Software solution and Microsoft products to your place of purchase for a refund.