License agreement for JTB FlexReport

End User License Agreement (EULA)

1. Introduction. This agreement explains when and how you, the end user (the "Licensee"), may use copies of JTB FlexReport products from JTB World Inc. (the "Licensor"). In this agreement:. "Product" means the JTB World JTB FlexReport product(s) you have purchased or obtained for evaluation, including both the software and the associated documentation and other materials. This includes the source files and libraries that may or may not have come with the product. "Software copy" means a copy of the product obtained either electronically from bulletin boards, the internet or some other source, or on diskette from software resellers. "Registered copy" means a copy of the product purchased from JTB WORLD. "we" or "us" means JTB World. "you" means the end user of the software.

2. Program Remains Licensor's Property. All right, title and interest in and to the Program, and any copies thereof, and all documentation, code and logic which describes and/or comprises the Program belong to Licensor.

2. Legal Agreement. This is a legal agreement that allows you, the end user, to use the product under certain terms and conditions. If you cannot agree to abide by what this agreement says you should not use or evaluate the product.

3. License. Licensor grants to Licensee a irrevocable, personal (individual or company), non-transferable, non-exclusive license without right to sub-license ("License") to use the Program as delivered by Licensor to the Licensee in machine-readable form. When purchased the Program is licensed perpetually. To monitor more with the Program than the purchase was done for is not allowed unless purchase is done to cover for the extended usage. Upgrades of the Program are included for one year after the purchase, after that Maintenance needs to be purchased.

4. Transfer of Program License. Neither the Program nor the License nor any of the rights, duties or obligations of the Licensee under this license agreement may be rented, distributed, assigned, sub-licensed or otherwise transferred by Licensee without the prior written consent of Licensor.

5. Use of Licensed Software. Licensee shall not make telecommunications transmissions of the Program in whole or in part except with the prior written consent of Licensor. Licensee is not entitled to make copies of the Program in whole or in part in printed or machine-readable form except for backup purposes. Licensee may only carry out such modifications on the Program as have been previously authorized in writing by Licensor. All right, title and interest in and to any modifications to the Program belong to Licensor.

6. Legal Agreement. This is a legal agreement that allows you, the end user, to use the product under certain terms and conditions. If you cannot agree to abide by what this agreement says you should not use or evaluate the product.

7. Evaluation Period. You may use a software copy of the product for an evaluation period of up to 31 days or as agreed on by JTB World, in order to determine whether the product meets your needs before purchasing it. Some products have a different evaluation period. In that case the email from JTB World will specify the period you may evaluate the product. Once the evaluation period ends, you agree to either purchase a registered copy of the product, or to stop using it. If you have ordered a registered copy of the product from us, you may continue to use your software copy until your registered copy arrives.

8. Use of the Product. While you are evaluating the product, you may use it on as many computers as are required to perform your evaluation. Your evaluation period begins when you first install the product on one or more computers for evaluation purposes. The evaluation period can also be determined by the temporary license key provided from JTB World.

Once the evaluation period is over and you purchase the Product, you may only use the product on any computer in your network with the exception for the JTB Process Monitor that is licensed depending on the amount of clients/computers to be monitored.

You are not allowed to monitor more licenses than purchased for.

For multiple system licenses please contact JTB World for special pricing information.

9. Maintenance (15% of the purchase price) including upgrades and support is available on a yearly basis. Maintenance for the first year is included with the purchase. Maintenance is entirely optional. Increases of the number of licenses or products can be adjusted at the time of the change if there is a big increase or when the maintenance is to be paid. The maintenance can be lowered if the number of licenses goes down. The maintenance price can change from year to year as the money value is changing and due to currency exchange factors.

10. No Royalties. If the product that you have purchased is a set of programming libraries for application development, you own any software programs that you create using the libraries and you may sell them without paying any royalties to JTB World You may not distribute any part of the product with your software except for appropriate loadable device drivers, DLLs and data files that are required for the product to operate correctly. APPLICATIONS USING JTB World PROGRAMMING LIBRARIES MAY NOT BE DISTRIBUTED WITHOUT REGISTERING THE PRODUCT. THIS INCLUDES BETA VERSIONS RELEASED TO PARTIES OTHER THAN THE ACTIVE SOFTWARE DEVELOPMENT TEAM. BETA TESTERS ARE NOT CONSIDERED PART OF THE ACTIVE DEVELOPMENT TEAM.

11. Distributing Software Copies of the Product. You may make copies of your software copy of the product to give to others, as long as you include all of the files that you originally received with your software copy. You may not sell software copies of the product for a profit (software distribution companies may charge their normal shipping and handling fees, not to exceed $5 US per copy).

12. Copying Registered Copies of the Product. When you receive a registered copy of the product you may make copies of the Product which are necessary for normal backup purposes only. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies to others without prior written permission from JTB World.

13. Warranty. (1) Licensor warrants that for a period of ninety days from date of delivery of the Program to Licensee ("Warranty Period"), the Program will, if properly installed, perform the functions described in the Program documentation delivered therewith to Licensee. If the Program does not so perform, Licensor shall use its best efforts to correct any defect provided that should any defect not be remedied within the Warranty Period, Licensee is entitled to return the Program in exchange for a full refund of the fees paid to Licensor hereunder. Refund policy. (2) EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED IN THIS PARAGRAPH, THE LICENSOR DISCLAIMS ALL WARRANTIES OR CONDITIONS WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT LIABLE, AMONG OTHER THINGS, IF THE PROGRAM DOES NOT MEET THE REQUIREMENTS OF LICENSEE OR IF THE PROGRAM WILL NOT OPERATE FREE OF ERRORS, UNINTERRUPTED OR IF THE PROGRAM WILL NOT FUNCTION IN LlCENSEE'S HARDWARE ENVIRONMENT.

14. Legal disclaimers required in a non-ideal world: THIS SOFTWARE IS PROVIDED "as is" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT, THE LICENSOR'S LIABILITY FOR CLAIMS, COSTS, LOSSES, DAMAGES OF ANY KIND OR ANY OTHER CAUSE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT OR FOR PATENT OR COPYRIGHT INFRINGEMENT AND REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID HEREUNDER FOR THE USE OF THE PROGRAM. IN NO EVENT WILL JTB World, OR ANY OTHER PARTY WHO MAY HAVE REDISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.