License Agreement Version 1.0 for the jDraft Shareware Application

THIS JDRAFT SHAREWARE SOFTWARE LICENSE AGREEMENT VERSION 1.0 ("Agreement") is made by and between Kustaa Nyholm ("I"), a Finnish citizen , operating from Siuntio Finland and any person or legal entity using or accepting any software governed by this Agreement ("You/Your"). This Agreement shall be effective on the first day You use or accept software ("The Software") governed by this Agreement, whichever is earlier. THE PARTIES AGREE as follows:

1.

Versions. There may exist different version of both this Agreement and The Software. Different versions of The Software may be subject to (licensed under) different version of The Agreement. The Software includes a reference to the applicable version(s) of The Agreement. I may make essentially similar version of The Software available under different agreement(s).

2.

Registration. The Software is distributed Un-Registered. To use the software after the evaluation period, the software needs to be registered. Registration is effected with a personal registration key that you may not re-distribute or make available to third parties.

3.

Grant. I grant You a personal, nonexclusive, nontransferable, and perpetual license to use The Software subject to the terms and conditions of The Agreement:

  • You can install and use for commercial and/or non-commercial purposes The Software on any number of computers provided that the use is personal and is NOT concurrent/simultaneous.

  • You can make backup copies of The Registered/Un-Registered Software.

  • You may distribute Un-Registered copies of The Software.

  • You understand and accept that the Un-Registered copies may have limited or crippled functionality to urge You to register The Software and pay the registration fee / purchase price, including applicable taxes.

  • You understand and accept that the Un-Registered copies of The Software may be time limited, in which case any data/information/work created with or by the software during the evaluation period with an Un-Registered copy of The Software and saved in a proprietary format may not be usable without a Registered copy of The Software, after the evaluation period has expired.

  • You understand and accept that to discourage distribution of Registered copies of The Software registered copies of The Software will contain and display such personal information as You are willing to submit for that purpose and I am willing to accept, such as Your real name.

  • You may not in any way modify The Software or registration information stored separately, including but not limited to modifications that make ineffective or useless the afore mentioned measures to urge registration of The Software.

  • You may not reverse engineer, disassemble, decompile or inspect the executable code of The Software, except to the extent allowed under applicable Copyright laws/agreements to ensure compatibility.

  • You may not distribute or make available Registered copies of The Software

  • You agree to exercise reasonable care to prevent third parties from copying / distributing versions of The Software Registered to You.

4.

Termination The Agreement is automatically and immediately terminated if You fail to comply with terms of The Agreement. All Your rights to The Software are based on The Agreement and thus violation of The Agreement will result in losing Your rights, including but not limited to use of The Software.

5.

Limitation of Liability. I will have no liability for special, incidental or consequential damages even if advised of the possibility of such damages, including but not limited to patent, copyright and/or other intellectual property right issues. I will not be liable for any other damages or loss in any way connected with The Software.

6.

Warranties, Refundabilety The Software is distributed as Shareware (try-before-you-buy), so I make no warranties at all. In in general as You can try-before-you-buy and can thus evaluate The Software, no refunds will be available. In any case, refunds will be limited to the purchase price. The use of The Software is granted to You on an as–is basis. You use The Software at Your own peril. You assume all risk of loss for all claims or controversies, now existing or hereafter, arising out of use of The Software. I shall have no liability based on a claim that Your use or combination of The Software with products or data not supplied by me infringes any patent, copyright, or proprietary right. All other warranties, expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose are hereby excluded.

7.

Indemnity, Intellectual Property. You undertake to indemnify Me against copyright and/or intellectual property claims that arise from the use of The Software. You agree to chease the use of The Software and destroy all copies of The Software if I advice you of a creditable third party copyright or patent claim.

8.

Copyright, Intellectual Property. I retain full copyright and any other intellectual property rights I may have. It is not the intention of this agreement to give away or license any copyright or intellectual property.

9.

Taxes and Duties. You shall pay or reimburse me for federal, state, provincial, local or other tariffs, duties and taxes not based on our net income, including all taxes, tariffs, duties, or amounts levied in lieu thereof, based on charges payable under this Agreement or based on The Software, its use or any services performed hereunder, whether such tariffs, duties or taxes are now or hereafter imposed under the authority of any federal, state, provincial, local or other jurisdiction.

10.

Entire Agreement, Amendments. This Agreement represents the complete and exclusive statement of The Agreements between the parties relating to the licensing of The Software and maintenance of The Software and supersedes all prior Agreements and representations between them relating to such licensing. Modifications to this Agreement shall not be effective unless in writing and signed by the party against whom enforcement is sought. The terms of this Agreement shall not be amended or changed by any purchase order or acknowledgment even if I have signed such documents.

11.

Finnish Law, Severability. This Agreement will be governed by Finnish law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, it shall be deemed severable from and shall in no way affect the validity or enforceability of the remaining provisions of this Agreement.

12.

Force Majeure. It is herein agreed that neither party to this Agreement shall be liable for delays for failures in performance resulting from acts beyond the control of such party. Such acts include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, power failures, earthquakes or other disasters.