THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT WHICH GOVERNS THE USE OF THE J-CHART SOFTWARE BETWEEN YOU AND ATMOL INC. BY
INSTALLING AND USING THIS SOFTWARE, INCLUDING ASSOCIATED PRINT MATERIALS AND OTHER COPYRIGHTED MATERIAL ("SOFTWARE"), YOU
AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
DEFINITIONS
License and Ownership.
This is a license agreement and not an agreement for sale. The SOFTWARE downloaded from this Website (the "SOFTWARE")
is the property of ATMOL INC.
Customer.
Customer means the entity or individual who is the end user of the SOFTWARE.
GRANT OF LICENSE
Rights and Limitations of Grant.
ATMOL INC. hereby grants the Customer with the following non-exclusive, non-transferable right to use the SOFTWARE,
with the following limitations:
Rights.
You may install and use the SOFTWARE on a single computer. If you wish to use the SOFTWARE on more than one computer,
please contact ATMOL INC. or any of its representatives for information concerning an upgraded license allowing the use
of the SOFTWARE with additional computers. This LICENSE of SOFTWARE may not be shared or used concurrently on different
computers.
Limitations.
Your rights to use the SOFTWARE are specified in this Agreement, and ATMOL INC. retain all rights not expressly granted
to you in this Agreement. The following uses of the SOFTWARE are prohibited:
Copying. Customer may not make or distribute copies of the SOFTWARE, documentation, or any portion hereof, except as
expressly provided in this Agreement.
Reverse Engineering. Customer may not reverse engineer, alter, decompile or disassemble the SOFTWARE, or in any other
manner attempt to obtain the source code, create derivative works based upon the SOFTWARE or make any attempt to bypass,
unlock, defeat or disable any protective or initialization processes on the SOFTWARE.
Rental. Customer may not rent, lease, sub-license, time-share, or transfer the SOFTWARE and documentation to third parties.
Transmission. Customer will refrain from uploading, transmitting or otherwise allow downloading of the SOFTWARE and any
portion thereof, to any electronic bulletin board, network, internet, intranet, or any other type of multi-user computer
system, regardless of purpose.
TERMINATION OF LICENSE
This LICENSE is valid until terminated by one of the two parties (Customer or ATMOL INC.). Customer can terminate
this LICENSE at any time by either sending the SOFTWARE back to ATMOL INC. or by destroying the SOFTWARE including
the related documentation, all copies and installations of the SOFTWARE, no matter if they were made in compliance with
this LICENSE or not. This LICENSE will automatically terminate if Customer fails to comply with any and all of the terms
and conditions hereof. In that case, Customer must destroy all copies of the SOFTWARE.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations,
video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials,
and any copies of the SOFTWARE, are owned by ATMOL INC. The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except
as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive
purposes.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
DISCLAIMER OF PRODUCT WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND J-CHART SERVICE ARE PROVIDED "AS IS" AND WITH ALL
FAULTS; AND ATMOL INC. AND/OR ANY OF ITS REPRESENTATIVES AND THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED
TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS
OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE OR J-CHART SERVICE REMAINS
WITH YOU.
NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATMOL INC. AND/OR ANY OF ITS REPRESENTATIVES OR
THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF ATMOL INC. AND/OR ANY OF ITS REPRESENTATIVES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
