By installing the Software you agree to the terms and
conditions of this License.
1. License Grant. Vilgorin Software Systems Development of
Tampa, Florida ("VSSD") grants to you ("Licensee") a non-exclusive,
non-transferable license to use the Demo version of ViaJCart or VSSD JSC Deluxe
binary code (hereafter, "Binary Software") without fee. Licensee may distribute
the Binary Software to third parties provided that the copyright notice and this statement
appear on all copies. Licensee agrees that the copyright notice and this statement will
appear on all copies of the software,packaging, and documentation or portions thereof.
2. Licensee may not modify the classes contained within the
package or
any subpackages.
3. Restrictions. Software is confidential copyrighted
information of VSSD and title to all copies is retained by VSSD and/or its licensors.
Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse
engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in
part. Software is not designed or intended for use in on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or in the design,
construction, operation or maintenance of any nuclear facility. Licensee warrants that it
will not use or redistribute the Software for such purposes.
4. Disclaimer of Warranty. Software is provided "AS
IS," without a
warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED.
5. Limitation of Liability. VSSD AND ITS LICENSORS SHALL NOT
BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING
OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL VSSD OR ITS LICENSORS BE LIABLE FOR
ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUTOF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF VSSD HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Licensee may terminate this License at any
time by destroying all copies of Software. This License will terminate immediately without
notice from VSSD if Licensee fails to comply with any provision of this License. Upon such
termination, Licensee must destroy all copies of Software.
7. Export Regulations. Software, including technical data, is
subject to U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in other
countries. Licensee agrees to comply strictly with all such regulations and acknowledges
that it has the responsibility to obtain licenses to export, re-export, or import
Software. Software may not be downloaded, or otherwise exported or re-exported (i) into,
or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce Department's Table
of Denial Orders.
8. Restricted Rights. Use, duplication or disclosure by the
United States government is subject to the restrictions as set forth in the Rights in
Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR
52.227-19(c) (2) as applicable.
9. Governing Law. Any action related to this License will be
governed by Florida State law and controlling U.S. federal law. No choice of law rules of
any jurisdiction will apply.
10. Severability. If any of the above provisions are held to
be in violation of applicable law, void, or unenforceable in any jurisdiction, then such
provisions are herewith waived to the extent necessary for the License to be otherwise
enforceable in such jurisdiction. However, if in VSSD's opinion deletion of any
provisions of the License by operation of this paragraph unreasonably compromises the
rights or increase the liabilities of VSSD or its licensors, VSSD reserves the right to
terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and
exclusive remedy.