End User License Agreement
The term “Software” may include (i) associated media, (ii) a user guide and other printed materials, and (iii) “online” or electronic documentation (collectively “User Documentation”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO THIS EULA, PLEASE RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A REFUND OF THE PURCHASE PRICE; IF THE SOFTWARE IS INSTALLED ON OR MADE AVAILABLE WITH ANOTHER JETMOBILE PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT.
1 THIRD PARTY SOFTWARE
The Software may include, in addition to JETMOBILE proprietary software (“JETMOBILE Software”), software under licenses from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt; you should contact JETMOBILE support if you cannot find any Third Party License. If the Third Party Licenses include licenses that provide for the availability of source code (such as the GNU General Public License) and the corresponding source code is not included with the Software, then check the product support pages of BarDIMM website (www.bardimm.com) to learn how to obtain such source code.
2 LICENSE RIGHTS
You will have the following rights provided you comply with all terms and conditions of this EULA:
a. Use. JETMOBILE grants you a license to Use one copy of the JETMOBILE Software. “Use” means installing, copying, storing, loading, executing, displaying, or otherwise using the JETMOBILE Software. You may not modify the JETMOBILE Software or disable any licensing or control feature of the JETMOBILE Software. If this Software is provided by JETMOBILE for Use with a specific model of imaging or printing product (for example, if the Software is a printer driver, firmware, or add-on), the JETMOBILE Software may only be used with such product and model. Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the JETMOBILE Software for Use. You do not have the right to distribute the JETMOBILE Software.
b. Copying. Your right to copy means you may make archival or back-up copies of the JETMOBILE Software, provided each copy contains all the original JETMOBILE Software’s proprietary notices and is used only for back-up purposes.
3 UPGRADES
To Use JETMOBILE Software provided by JETMOBILE as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original JETMOBILE Software identified by JETMOBILE as eligible for the Upgrade. To the extent the Upgrade supersedes the original JETMOBILE Software, you may no longer use such JETMOBILE Software.
This EULA applies to each Upgrade unless JETMOBILE provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
4 TRANSFER
a. Third Party Transfer. The initial purchaser of the JETMOBILE Software can make a one-time transfer of the JETMOBILE Software to another company only if that purchaser is a reseller and not an end-user.
Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software will agree to this EULA. Upon transfer of the JETMOBILE Software, your license is automatically terminated.
b. Restrictions. You may not rent, lease or lend the JETMOBILE Software or Use the JETMOBILE Software for commercial timesharing or bureau use.
You may not sublicense, assign or otherwise transfer the JETMOBILE Software except as expressly provided in this EULA.
5 PROPRIETARY RIGHTS
All intellectual property rights in the Software and User Documentation are owned by JETMOBILE or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.6 LIMITATION ON REVERSE ENGINEERING
You may not reverse engineer, decompile, or disassemble the JETMOBILE Software, except and only to the extent that the right to do so is allowed under applicable law.
7 CONSENT TO USE OF DATA
JETMOBILE and its affiliates may collect and us technical information you provide in relation to (i) your Use of the Software, or (ii) the provision of support services related to the Software. All such information will be subject to JETMOBILE’s privacy policy. JETMOBILE will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
8 LIMITED WARRANTY
To the original purchaser, JETMOBILE warrants the Software part loaded on the product and provided separately for ninety (90) days from the date the Product is delivered. If during this period a defect in the Software should occur, after written confirmation by JETMOBILE or its distributor of the defective status, you may return the product with a copy of your receipt or other proof of payment to an authorized JETMOBILE distributor, and JETMOBILE will replace the Software without charge. Your sole and exclusive remedy in the event of a defect is expressly limited to a repair or replacement of the part as provided above.
JETMOBILE warrants all Software hardware components to be free from defects and will-at his option-repair or replace any hardware part of the product should it fail within one year from the first date of shipment. This warranty is limited to defects in workmanship or materials, and does not cover customer damage, abuse, or unauthorized modification. If the hardware parts of the product fail or does not perform as warranted, your sole recourse shall be repair or replacement as described above. JETMOBILE does not warrant that the functions contained in this Product will meet your requirements, that the Product operation will be uninterrupted or error free or that breach of security will never occur. Information contained in the user manual is subject to change without notice and does not represent a commitment on the part of JETMOBILE.
For products sold in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9 LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of JETMOBILE and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETMOBILE OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT BE LIABLE TO YOU FOR ANY DAMAGES INCURRED BY THE USE OF THIS PRODUCT. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT AND MANUAL IS ASSUMED BY YOU. THE SOLE AND EXCLUSIVE LIABILITY OF JETMOBILE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE PAYMENTS MADE FOR THIS LICENSE. ANY REMEDIES SPECIFIED IN THIS LICENSE AGREEMENT ARE EXCLUSIVE.
Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
JETMOBILE products are not suitable for use in life-support applications, biological hazard applications, nuclear control applications, or radioactive areas. You understand and agree that none of JETMOBILE products or components, software, or hardware, are intended for applications that provide life support or any critical function necessary for the support of protection of life, property or business interests.
10 U.S. GOVERNMENT CUSTOMERS
If you are a U.S. Government entity, then consistent with FAR 12.211 and FAR 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed under the applicable JETMOBILE commercial license agreement.
11 COMPLIANCE WITH EXPORT LAWS
You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.
12 RESERVATION OF RIGHTS
JETMOBILE and its suppliers reserve all rights not expressly granted to you in this EULA.
13 Governing Law
This agreement shall be constructed, interpreted and governed by the Laws of Singapore. You agree that this is the complete and exclusive statement of this agreement which supersedes any prior agreement or other communication between us on this subject.
© 2024 Jetmobile Pte Ltd
Rev. 07/24
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