BACKLYNX LEGAL NOTICE:
BACKLYNX (the “Software”) IS MADE AVAILABLE BY THE INFORMATICS DIVISION OF JRIM SOFTWARE / JRIM (Jordan Rimsa) TO YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY (“End User” or “You”) UNDER THE FOLLOWING END USER LICENSE AGREEMENT (the “Agreement”).
PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE SOFTWARE YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT, CONTACT JRIM SOFTWARE (JORDAN RIMSA) FOR INFORMATION REGARDING RETURN OF THE SOFTWARE. PLEASE NOTE MONETARY REFUNDS WILL ONLY BE GRANTED WITHIN 30 DAYS OF SALE.
LICENSE: JRIM hereby grants to End User a non-exclusive, non-transferable license to use the Software in object code only for End User’s own internal purposes, in accordance with the documentation provided with the Software, and as provided for under the terms of this Agreement. Any derivative work created from using the Software shall be used only internally by End User and may not be transferred to any third party.
TITLE: End User agrees that the Software, and any and all updates, versions, modifications, enhancements, improvements, and copies thereof, and all information and intellectual property contained therein, is proprietary to JRIM, embodying substantial creative efforts and proprietary information, ideas, intellectual properties and expressions, and that the furnishing thereof does in no way constitute the granting or waiver, by JRIM, of its proprietary interest or exclusive rights therein. JRIM reserves all rights to the Software not expressly granted herein.
LIMITATIONS ON USE: End User shall not (1) sell, license, lease, lend, loan or otherwise transfer possession of any physical object containing the Software to any person or entity, or otherwise distribute the Software, or use the Software as a part of a service bureau, Application Service Provider (ASP), or similar structure that allows third parties to use or benefit from the use of the Software, whether over the internet or otherwise; (2) permit the Software to be accessed remotely, via modem or via other means, unless expressly approved in writing by JRIM; (3) copy, reformat, rearrange, excerpt or modify, disassemble, decompile, or otherwise reverse engineer all or any part of the Software for any purpose, except that End User may make one copy of the Software for archival back-up purposes only; or (4) download onto, copy onto or use the Software on more than one personal computer or access device at any given time.
DISCLAIMER OF WARRANTY: JRIM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE SOFTWARE IS FURNISHED “AS IS”, WITH ALL FAULTS, AND JRIM DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
LIMITATION OF LIABILITY: End User’s sole remedy for any breach of this Agreement by JRIM shall be the provision of replacement Software. IN NO EVENT SHALL JRIM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS OR LIABILITY OR INJURY TO THIRD PERSONS OR ENTITIES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FORESEEABLE OR NOT, REGARDLESS OF WHETHER JRIM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGE. JRIM WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SOFTWARE WHICH IS NOT IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED WITH THE SOFTWARE. End User hereby agrees to indemnify, defend and hold harmless JRIM from any and all liability arising out of or in connection with End User`s proper or improper and unauthorized use of the Software or any parts of it. In no event shall End User be entitled to any damages in excess of End User’s payments to JRIM hereunder in the preceding twelve (12) month period.
RESPONSIBILITY: JRIM SOFTWARE takes no responsibility for the acts carried out as a result of or directly using any software authored by JRIM SOFTWARE.
CONFLICTING TERMS: The terms of this Agreement shall take precedence over any conflicting terms which may be in End User’s purchase order or JRIM’s or its agent’s invoice.
ADDITIONAL LICENSES AND SOFTWARE: Upon the mutual agreement of JRIM and End User, and upon payment of then-current license fees, End User may expand this license to include additional software and/or data (which shall be considered “Software” hereunder). Use of the additional Software shall be governed by the terms and conditions of this Agreement, and any additional terms and conditions provided with such additional Software.
TERMINATION: This Agreement and the license granted herein shall continue until the end of the license term or until terminated as described in this Section. If End User breaches this Agreement, JRIM shall have the right to terminate this Agreement immediately, without prior notice. Breaches of this Agreement include but are not limited to the unauthorized sale, use or distribution of the Software or any Derivative Work, or any portion or enhancement of the Software or any Derivative Work, to any third party. End User shall be responsible for any damages caused to JRIM which may result from End User’s breach of this Agreement, including JRIM’s costs and damages occasioned by act or omission on the part of End User, and its damages in enforcement of this Agreement. The remedies specified herein are cumulative, and are in addition to any other remedies which JRIM may have at law. End User may terminate the license at any time by written notice to JRIM. Upon termination for any reason, Licensee shall discontinue use of the Software and any Derivative Work, return to JRIM any and all copies of the Software and destroy any and all copies of any Derivative Work, in whatever form, and agree to certify to such destruction upon JRIM’s request.
GOVERNING LAW: This Agreement shall be governed by the laws of the United States of America and of the State of Michigan, without regard to conflict of laws.
ASSIGNMENT: This Agreement may not be transferred or assigned without JRIM’s prior written consent.
JURISDICTIONS: Some states, countries or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties, or other terms hereof, so such terms may not apply. Any decision by a court of competent jurisdiction invalidating or holding unenforceable any part of this Agreement shall not affect the validity and enforceability of any other part of this Agreement.
U.S. GOVERNMENT END USERS: The Software and related documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is JRIM Laboratories, Inc.
EXPORT COMPLIANCE REQUIREMENTS: Export of any JRIM product or technical information relating to the product (i.e., manuals, memoranda, specifications, schematics, etc.) outside of the United States is subject to U.S. export control laws, including but not limited to the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative.
You agree that, unless You receive prior authorization from the United States government, You and/or Your organization shall not:
use any JRIM product if You are located in, under the control of, or a national or resident of any embargoed or restricted* countries (Cuba, Iran, Iraq*, North Korea*, Sudan, and Syria*); or
sell, license, or otherwise provide or ship, directly or indirectly, any JRIM product or technical data (or the direct product thereof) for export or re-export to the embargoed or restricted* countries (Cuba, Iran, Iraq*, North Korea*, Sudan, and Syria*); or
transfer, export or re-export any JRIM product to Your customers or any intermediate entity in the chain of supply if any JRIM product will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses; or
transfer, export or re-export, directly or indirectly, any JRIM product, technology or software (or any part thereof, or the product of such technology or software, or any process or service which is the product of such technology or software) to any person or entity identified by the U.S. Department of Commerce as a sanctioned and/or embargoed person or entity. (For a current list of all sanctioned and/or embargoed persons or entities, please consult the U.S. Department of Commerce).
All rights to use the JRIM product(s) are granted on condition that such rights are forfeited if You fail to comply with the terms of these Export Compliance Requirements.
For more information regarding U.S. export laws and regulations, contact the U.S. Department of Commerce and the U.S. Department of the Treasury, Office of Foreign Assets Control.
If the terms stated in this Agreement are acceptable to You, then you may use this Software. Further opening or downloading this Software indicates Your acceptance of the terms and conditions contained in this Agreement.
COPYRIGHT NOTICE: Copyright © 2008-2013 JRIM SOFTWARE (JORDAN RIMSA). All rights reserved. Last Revised on 1/17/2013.