This End-User License Agreement (the “Agreement") is a legal agreement between “You” and Kaijet Technology International Limited, Inc. (DBA: j5create) (“j5create,” “We” or “Us”) for the Ware (as such term is defined below).
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, J5CREATE IS UNWILLING TO LICENSE THE WARE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE WARE.
This Agreement governs your use of the Ware only. Any other contractual agreements between You and j5create remain in effect.
1. Ware Delivery and Acceptance
Subject to Your agreement to be bound by all terms and conditions of this Agreement, j5create authorizes You to use and access j5create’s proprietary work, which includes compiled code, software, firmware, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of the same relating to the applicable j5create device You have purchased or acquired (collectively, the “Ware”). The Ware is deemed accepted by You when the Ware is initially installed or devices utilizing the Ware are installed or used by You.
2. License Terms and Conditions
Subject to all terms and conditions of this Agreement, j5create hereby grants You a nonexclusive, personal, non-assignable, limited license to use and access the Ware in accordance with this Agreement and any and all agreements and documents executed by You or delivered by j5create. The Ware is licensed to you, not sold, and, subject to the terms and conditions herein, j5create reserves the right to revoke such license at any time and disable your ability to use the Ware.
3. Proprietary Rights
The Ware is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Ware not expressly licensed under this Agreement are reserved to j5create. You shall not modify, reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Ware except as expressly authorized in this Agreement. No right to use any trademark or trade name of j5create is granted to You hereunder without written approval by j5create.
4. Representations and Warranties
You represent and warrant the following during your download, installation, and use of the Ware (as applicable): (i) You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
5. Restrictions on Use
Unless and to the extent specifically provided otherwise in writing by j5create, you shall not:
- (a) separate any individual component of the Ware for use;
- (b) incorporate any portion of the Ware into other software or compile any portion of it in combination with other software;
- (c) sell, rent, lease, lend, loan, distribute, assign or sublicense the Ware or any rights to it in whole or in part;
- (d) modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Ware in whole or in part, or create any derivative works from or of the Ware, or encourage, assist or authorize any other person to do any of these things; or
- (e) make copies of or distribute the Ware or electronically transfer it or any portion of it from one computer to another or over a network.
You agree to abide by all laws and regulations in effect regarding your use of the Ware, including without limitation, all laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this section.
j5create may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Ware or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. j5create disclaims any and all liability relating to Your failure to install or flashover any updates to the Ware. Notwithstanding the foregoing, j5create does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Ware.
7. Collection and Use of Data
8. Disclaimers; Limitations of Liability
J5CREATE DOES NOT PROMISE THAT THE WARE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR THAT YOUR USE OF THE WARE WILL PROVIDE SPECIFIC RESULTS. THE WARE IS PROVIDED BY J5CREATE “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. J5CREATE CANNOT ENSURE THAT THE WARE OR ANY FILES OR OTHER DATA YOU DOWNLOAD OR INSTALL IN RELATION TO THE WARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE WARE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE WARE, IS AT YOUR OWN RISK. J5CREATE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE WARE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE WARE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J5CREATE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WARE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF J5CREATE, AND EVEN IF J5CREATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of this Agreement, J5CREATE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Ware, J5CREATE’s liability shall in no event exceed US$200.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, j5create may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Ware and discontinue exercising all license rights granted by this Agreement. Sections 2 through 14 of this Agreement will survive any termination of this Agreement.
10. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Georgia without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in Fulton County, Georgia, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable Georgia State Court located in Fulton County, Georgia. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.
11. Export Law Compliance
You acknowledge that the Ware is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Ware, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.
12. Other Agreements
13. Extraterritorial Use
Although the Ware is accessible worldwide, not all features of the Ware may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. j5create reserves the right to limit, in its sole discretion, the provision and quantity of any feature to any person or geographic area. If you choose to access the Ware from outside the United States, You do so on your own initiative and You are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. j5create’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by j5create of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between j5create and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.