End User License Agreement

Legal notice: Jolly Software is not sold; rather, copies of Jolly Software are licensed all the way through the
distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH JOLLY THAT
CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE JOLLY SOFTWARE, THE TERMS AND CONDITIONS OF
THE JOLLY END USER LICENSE AGREEMENT LISTED BELOW APPLY TO YOU.

JOLLY END USER LICENSE AGREEMENT

JOLLY™ SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
NOTICE TO JOLLY SOFTWARE USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF
THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.


1. Definitions

(a) "Jolly" means Jolly Technologies Inc. and its licensors, if any.
(b) "Software" means all of the contents of the file(s), disk(s), CD-ROM(s) or other media with which this
Agreement is provided and any copies made therefrom.
(c) "Use", "Using" or "Uses" means to access, install, copy, or otherwise benefit from using the functionality of the
Software.
(d) "Mandatory Product Activation" refers to the process of installing and activating the Software on a computer.
(e) "End User" means the person who uses the Software after it has been installed.
(f) "License" means permission from Jolly, provided either directly or through an Approved Source, to use Software
on a non-exclusive basis which is subject to all listed terms and conditions within this Agreement.
(g) "Agreement" means all terms, provisions, and conditions of this End User License Agreement.


2. License Grants


(a) For each License granted by Jolly, you may install, activate and use a copy of the Software on one (1)
compatible computer. A license for the Software may not be shared, installed or used concurrently on different
computers.
(b) You are granted one (1) Mandatory Product Activation per copy of the Software. If you would like to activate
the Software more than once, prior express written permission must be obtained from Jolly. Jolly may grant or
deny your request at Jolly's discretion.
(c) You may make one copy of the Software in machine-readable form solely for backup purposes, provided your
backup copy is not installed or used on any other computer. You must reproduce on any such copy all copyright
and intellectual property notices and any other proprietary legends which exist on the original licensed copy of the
Software.
(d) You agree that Jolly may audit your use of the Software for compliance with these terms at any time, upon
reasonable notice. In the event that such audit reveals any use of the Software by you other than in full
compliance with the terms of this Agreement, you shall reimburse Jolly for all reasonable expenses related to such
audit in addition to further licensing fees and any other liabilities you may incur, including but not limited to all
attorney fees, as a result of such non-compliance.
(e) Your license rights under this EULA are non-exclusive.
(f) Mandatory Product Activation. The license rights granted under this Agreement may be limited or revoked
unless you supply accurate information required to activate your licensed copy in the manner described during the
setup sequence of the Software. You may need to activate the Software through the use of the Internet or
telephone; and toll charges may apply. There are technological measures in this Software that are designed to
prevent unlicensed or illegal use of the Software. You agree that Jolly may use those measures and you agree to
follow any requirements regarding such technological measures. You may also need to reactivate the Software if
you modify your computer hardware or alter the operating system. Product activation is based on the required
exchange of information between your computer and Jolly.


3. License Restrictions


(a) You may not sell, rent, lease, or sublicense all or any portion of the Software.
(b) You may, however, transfer all your rights to Use the Software to another person or legal entity provided that (i)
you retain no copies, (ii) you deactivate the software using the Jolly's Software Activation Wizard, (iii) you also
transfer this Agreement, (iv) by using all or any portion of the Software the receiving party accepts all terms and
conditions of this Agreement, and (v) you notify Jolly in writing within one (1) business day of such transfer of your
rights to Use the Software.
(c) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network.
(d) You may use the Not for Resale Version of the Software only to review and evaluate the Software prior to
making a licensing purchase decision.
(e) You shall not use the Software to develop any application having the same primary function as the Software.
(f) In the event that you fail to comply with this Agreement, Jolly may terminate the license without further notice
and you must immediately destroy all copies of the Software, with all other rights of both parties and all other
provisions of this Agreement surviving any such termination.
(g) Jolly may, following 5 days written prior notice (by email) suspend and disable your Use of the Software
if you fail to make any payment of fees when due. During such suspension, your Use of the Software will be unavailable,
and you may not have access to its data.


4. Intellectual Property Rights


The Software and any copies of the Software are and remain the intellectual property of Jolly. You may not alter,
merge, modify, decompile, reverse engineer, or disassemble the Software. You may not modify the Software or
create derivative works based upon the Software. The software is protected by all US and international copyright
laws, and Jolly, solely and explicitly, retains and reserves all copyright and intellectual property rights.


5. Ownership


Acceptance of this Agreement grants you limited license to use the Software. Jolly and its authorized suppliers and
Approved Source retain all right, title and interest in and to the Software and all copies thereof. All rights not
otherwise specifically granted in this Agreement are reserved by Jolly, its supplier and Approved Source.


6. Limited Warranty


Subject to the limitations and conditions set forth herein, Jolly warrants that commencing from the date of
shipment to You, and continuing for a period of the longer of (a) thirty (30) days or (b) the warranty period (if any)
expressly set forth as applicable specifically to software in the warranty card (if any) accompanying the Software:
(a) the media on which the Software is furnished will be free of defects in materials and workmanship under
normal use; and (b) the Software substantially conforms to the Documentation. "Documentation" means written
information (whether contained in user or technical manuals, training materials, specifications or otherwise)
pertaining to the Software and made available by Jolly with the Software in any manner (including on CD-ROM, or
on-line). The date of shipment of a product by Jolly is set forth on the packaging material in which the product is
shipped. Except for the foregoing, the Software is provided "AS IS". This limited warranty extends only to the
Software purchased from an Approved Source by You who is the first registered end user. Your sole and exclusive
remedy and the entire liability of Jolly and its suppliers under this limited warranty will be (i) replacement of
defective media and/or (ii) at Jolly's option, repair, replacement, or 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 the Approved Source supplying the Software to You, within the warranty period. Jolly or the Approved
Source supplying the Software to You may, at its option, require return of the Software and/or Documentation as a
condition to the remedy. In no event does Jolly warrant that the Software is error free or that Customer will be
able to operate the Software without problems or interruptions. In addition, due to the continual development of
new techniques for intruding upon and attacking networks, Jolly does not warrant that the Software or any
equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the
Software is authorized to be used (a) has been altered, except by Jolly or its authorized representative, (b) has not
been installed, operated, repaired, or maintained in accordance with instructions supplied by Jolly, (c) has been
subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or
accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes. The Software warranty also
does not apply to (e) any temporary Software modules; (f) any Software that Jolly expressly provides on an "AS IS"
basis; (g) any Software for which an Approved Source does not receive a license fee; and (h) Software supplied by
any third party which is not an Approved Source.


DISCLAIMER OF WARRANTY


EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NONINTERFERENCE,
ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW,
USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE
EXPRESSLY DISCLAIMED BY JOLLY, ITS SUPPLIERS, AND LICENSORS. TO THE EXTENT THAT ANY OF THE SAME
CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN
DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE "LIMITED WARRANTY" SECTION ABOVE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC
LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.

This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.


7. Exclusion of All Damages


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOLLY OR ITS SUPPLIERS BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY,
DAMAGES FOR LOSS OF BUSINESS INTERRUPTION, PROFITS, LOSS OF BUSINESS DATA, FOR NEGLIGENCE, AND FOR
ANY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
JOLLY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF
DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


8. Limitation and Release of Liability

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF JOLLY, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO
CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE,
SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO JOLLY OR ANY OTHER APPROVED SOURCE FOR THE
SOFTWARE THAT GAVE RISE TO THE CLAIM OR, IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID
FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE
AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).


9. Restricted Rights

This Software is provided with "RESTRICTED RIGHTS". The Use and duplication of the Software is subject to the
restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
Manufacturer: Jolly Technologies Inc., 1510 Fashion Island Boulevard, Suite 102, San Mateo, CA 94404, USA.


10. General


If you acquired the Software in the United States of America, this Agreement shall be governed by the internal
laws of the State of Delaware. If you acquired this Software outside of the United States of America, then local law
may apply. No Jolly dealer, agent, employee or any third party person or entity is authorized to make any
amendment to this Agreement.

All questions concerning this Agreement shall be directed to:

Jolly Technologies Inc.
Attn: Licensing
1510 Fashion Island Boulevard, Suite 102
San Mateo, CA 94404
Tel: 650-594-5955
Fax: 650-989-2145
Click here to locate this office

Contact Us

1510 Fashion Island Blvd, Ste 102
San Mateo, CA 94404
US Tel: 650 594 5955
EMEA Tel: +44 0115 853 2698
AU Tel: +61 1300 857 750

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