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End User License Agreement

 

By downloading or using this software or accompanying documentation you agree to the following terms and conditions.

 

License Grant.  You are hereby granted a personal, non-transferable and non-sublicenseable, nonexclusive, world-wide, royalty free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the application “Jasoon”.  Except for the copyright license above, you are granted no other rights or licenses, by implication, or estoppel, or otherwise, under any patents or other intellectual property rights.

 

No Warranties.  The application “Jasoon”  contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this material is provided AS IS AND WITH ALL FAULTS, and the authors and developers of this material and Th’Keeper hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.

 

Limitation of Liability.  IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL OR TH’KEEPER BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Redistribution.  If you choose to distribute the Jasoon application or any derivative works thereof in a commercial product, you must defend and indemnify all authors, developers, licensors, and distributors (the "Indemnified Parties") of the Jasoon application against any losses, damages and costs arising from claims, lawsuits and other legal actions (excluding actions based on intellectual property infringement claims) brought by a third party against the Indemnified Parties to the extent caused by your acts or omissions in connection with your distribution.  Regardless of whether your distribution is a commercial product or not, the license under which you redistribute the Jasoon application or any derivative works thereof must:

 

effectively disclaim on behalf of all authors, developers, licensors, and distributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;

effectively exclude on behalf of all authors, developers, licensors, and distributors all liability for damages, including direct, indirect, special, punitive, incidental and consequential damages, such as lost profits;

state that any provisions which differ from this license are offered by you alone and not by any other party; and

require that the license under which any subsequent distribution of the Sample Applications or derivative works thereof is made satisfy the terms of this section.

 

Use of Th’Keeper.  Th’Keeper rules, if any, regarding the use of its name and your ability to make claims regarding Th’Keeper or your use of the Jasoon application can be found at http://www.thkeeper.com/about.  As a condition to your license, you agree to abide by all such rules.

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