Affiliate Income Calculator > End User License Agreement
Important: please read this end user license agreement (the "license") carefully. Downloading, installing this software constitutes acceptance of this agreement. Note: the terms "Application", "Software" or "Program" are used interchangeably.
JAGGYWARE (JAGGYWARE.COM) IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN WE ARE UNWILLING TO GRANT YOU A LICENSE TO THE SOFTWARE. YOUR ONLY RECOURSE IS TO (A) NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) RETURNING THE SOFTWARE FOR A FULL REFUND.
1. License Grant. Conditioned upon compliance with the terms and conditions of this Agreement, JaggyWare grants to Customer a nonexclusive and nontransferable license to use the Software and the Documentation for which Customer has paid the required license fees for Customer's internal business purposes. "Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by JaggyWare with the Software in any manner (including on CD-Rom, or on-line).
2. Software Rights. You acknowledge and agree that the Software and any Documentation (collectively the "Licensed Products") are proprietary products of JaggyWare. This software is protected under international copyright law. JaggyWare owns and retain all copyrights, trademark(s), trade secret(s) and other proprietary rights in and to the Software.
3. Software Limited Warranty. JaggyWare. warrants that for sixty (60) days from the day of delivery to you (the "Warranty Period"), the Software media, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Any replacement program will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer.
Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of JaggyWare this limited warranty will be (i) replacement of defective media and/or (ii) refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to JaggyWare within the warranty period.
This limited warranty for the Software is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than JaggyWare.
4. Term and Termination. This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from JaggyWare if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition.
5. Disclaimers. JAGGYWARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. JaggyWare does not warrant or guarantee that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. We DO NOT warrant or guarantee that the Software will meet your requirements. THIS SOFTWARE IS PROVIDED TO YOU AS IS AND YOU USE IT BASED ON YOUR OWN UNDERSTANDING. YOUR CONTINUED USE OF THIS SOFTWARE CONSTITUTES YOUR UNDERSTANDING AND ACCEPTANCE OF THIS AGREEMENT.
6. Limitations of Liability. IN NO EVENT SHALL JAGGYWARE, ITS PARENT COMPANY, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PARTY WHETHER ARISING OUT OF CONTRACT OR FROM TORT FOR ANY DAMAGES, INCLUDING LOSS OF DATA, PROFITS OR BUSINESS OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
7. General. This agreement shall be governed by the laws of the State of New York in the United States of America.
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