Jouzz 1.0

EULA - End User License Agreement

Software License Agreement
NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR
USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU
AND ANY LEGAL ENTITY THAT HAS OBTAINED THE SOFTWARE AND ON WHOSE
BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE AND
YOU MUST DESTROY ALL COPIES IN YOUR POSESSION.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold
Definitions
a. "SOFTWARE" or "SOFTWARE PRODUCT" means use of a copy of the free version of the Jouzz
computer software, and its electronic documentation.
b. "Internal Network" means a private, proprietary electronic network accessible only by employees
and individual contractors of a business entity. It explicitly excludes portions of the Internet or any
other network open to the public, such as membership or subscription driven groups, associations and
similar organizations.
c. "You" means the company or organization that has licensed the SOFTWARE PRODUCT.
d. "Jouzz Installation Number" means a the alphanumeric identifier displayed on the Administration
screen of the SOFTWARE PRODUCT
e. "User" means an identification code created in the SOFTWARE PRODUCT and its associated
password
f. "Active user" means a User that is enabled to log into the SOFTWARE PRODUCT
g. "clean database" means the clean database directory distributed with the SOFTWARE PRODUCT
f. "demo database" means the demonstration database directory distributed with the SOFTWARE
PRODUCT
h. "User Interface" means the set of screens that conform the graphical user interface of the
SOFTWARE PRODUCT''s client software
1. Grant of License and Restrictions
As long as You comply with the terms of this Software License Agreement, Jouzz.com grants You a
non-exclusive, non-transferable, limited license to install and use the SOFTWARE PRODUCT in a
manner consistent with the SOFTWARE PRODUCT''s design and documentation. You may only use
the SOFTWARE PRODUCT according to the terms granted to you by this Software License
Agreement.
1.1 You may install an unlimited number of test and productive instances of the SOFTWARE
PRODUCT, as long as all of the following conditions are met:
• Each installation is made from an original distribution archive of the SOFTWARE
PRODUCT obtained from the Jouzz.com website, or other medium expressly authorized
by Jouzz.com, using a copy of the clean database included in the package. You may not
install the software by making a copy of another intallation, be it internal or external to
your company.
• Every installation of the product that you make must have a unique Jouzz Installation
Number (a unique Jouzz Installation Number is obtained autmatically by installing from
a clean database).
• Each installation may have a maximum of thirty (30) active users, plus the admin, jouzz,
and interface system users. You may create as many users as you like but only thirty can
be active at any given point in time.
• The software is installed on a server within your Internal Network and may be accessed
exclusively from your Internal Network.
1.2 You may install an unlimited number of evaluation instances of the SOFTWARE
PRODUCT, as long as the following conditions are met:
• Each installation is made from an original SOFTWARE PRODUCT distribution archive
obtained from the Jouzz.com website, or other medium expressly authorized by
Jouzz.com, using a copy of the orignal demo database included in the package.
• The SOFTWARE PRODUCT is installed on a server, a personal computer, or laptop,
property of your organization, and can be accessed by a maximum of five (5) users
exclusively within your Internal Network.
• You may not add new users to the demonstration database.
2. Other Rights and Restrictions
2.1 You may not reverse engineer, decompile, disassemble, patch, crack, or hack the
SOFTWARE PRODUCT. You may not access the contents of the SOFTWARE
PRODUCT''s database in any way or by any medium other than the SOFTWARE
PRODUCT''s User Interface or other medium expressly autorized by Jouzz.com. If you
would like to interface the SOFTWARE PRODUCT to your systems you agree to first
contact Jouzz.com at support@jouzz.com.
2.2 The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not
be separated for use on more than one computer. You may not unbundle or repackage the
SOFTWARE PRODUCT for distribution.
2.3 You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or
lease the SOFTWARE PRODUCT, except as expressly permitted in this License
Agreement.
2.4 The SOFTWARE PRODUCT, any copies of the SOFTWARE PRODUCT and Jouzz.com''s
trademarks may not be used, posted or displayed in any form or manner on any medium of
private or public distribution without the express prior written permission of Jouzz.com.
2.5 Term and Termination. The term of this License Agreement granted to You for the use of the
SOFTWARE PRODUCT is for one year, renewable automatically. Without prejudice to any
other rights, Jouzz.com may terminate this License Agreement at any moment if You fail to
comply with any of the terms and conditions of this License Agreement. In such event, You
must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
2.6 You may not disclose the results of any performance benchmarks obtained using the
SOFTWARE PRODUCT to any third party without Jouzz.com''s prior written consent.
2.7 You may not use the SOFTWARE PRODUCT for any commercial training purposes.
3. Copyright
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies
thereof are owned by Jouzz.com. All title and intellectual property rights in and to the content which
may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content
owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This License Agreement grants you no rights to use such content. All rights not expressly granted are
reserved by Jouzz.com.
4. Limited Warranty
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LICENSE AGREEMENT, THE
SOFTWARE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND JOUZZ.COM
DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
JOUZZ.COM AND ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, QUIT ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH
REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
JOUZZ.COM OR ITS SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
JOUZZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT THE FREE VERSION OF JOUZZ MAY HAVE LIMITED
FEATURES, OR HAVE OTHER LIMITATIONS NOT PRESENT IN A NON-FREE VERSION OF
THE SOFTWARE.
5. Injunctive Relief. The parties agree that if You use any of the SOFTWARE PRODUCT in an
unauthorized manner, or breach the terms and conditions of this License Agreement, that such use or
breach would have a devastating and serious impact on Jouzz.com''s continuing ability to compete
profitably and would result in immediate and irreparable injury, loss or damage to Jouzz.com. You
agree that in such event, in addition to Jouzz.com''s right to recover damages for a breach of this
License Agreement, Jouzz.com would be entitled to obtain immediate injunctive relief from a court of
competent jurisdiction to prevent You, Your employees, agents, consultants, or independent contractors
from engaging in any further use of the SOFTWARE PRODUCT.
6. You acknowledge and understand the Content resulting from the use of the SOFTWARE is Your sole
responsibility and Your use and distribution of the Content is at Your sole discretion and risk. You shall
be solely responsible for any claims or causes of action that may arise in connection with such use and
distribution of the Content. You further agree to defend, indemnify and hold Jouzz.com, its affiliates,
subsidiaries, officers, directors, employees, consultants, agents, suppliers, licensors and resellers from
any and all third party claims, whether foreign or domestic, and any and all liability, damages and/or
costs including, but not limited to, reasonable attorney fees, arising from Your use of the SOFTWARE
and the Content and the distribution of the same, Your violation of this License Agreement, or the
infringement or violation by You or any other user of the SOFTWARE, of any agreement of any kind or
any intellectual property or other right, including but not limited to, patent, trademark, copyright or
trade secret rights of any person or entity or any claims that may or are alleged to result in the invasion
of privacy, slander, libel or for infringement on a person''s rights of publicity due to the publication or
distribution of the Content.
7. The restrictions and obligations as contained in this Software License Agreement shall survive any
expiration, termination or cancellation of this Software License Agreement, and shall continue and
remain in effect to bind You, and Your employees, agents, successors, heirs and assigns.
8. This Agreement may not be amended, altered, or any of its provisions waived on behalf of either
party, except in writing executed by both parties'' duly authorized agent.
9. This agreement and the rights and duties under this Agreement may not be assigned by You without
the prior written consent of Jouzz.com.
10. This License Agreement shall be binding upon and inure to the benefit of Jouzz.com and its
successors and assigns.
11. If any provision of this License Agreement becomes or is declared by a court of competent
jurisdiction to be illegal, unenforceable, or void, this License Agreement shall continue in full force and
effect without said provision; provided, however, that no such severability shall be effective if it
materially changes the economic benefit of the License Agreement to the other party.
12.You warrant and represent to Jouzz.com that this License Agreement shall be binding upon You, and
that the individual agreeing to be bound under the terms and conditions of this Software License
Agreement is authorized or has been empowered to do so.
13. The SOFTWARE PRODUCT or SOFTWARE may use or include third party components or
Content and other copyrighted material. Your use of such components, content or material is governed
by their respective terms.
14. Photographs of some people in the demo database and in the electronic product''s manuals are
copyright by iStockphoto LP and are used under license. Any reproduction of the photographs in any
form and on any medium, intended for public or professional use, even within your company, is
strictly prohibited. The people depicted in the photographs are models. Their roles and titles in the
demo database are fictional. Any similarity in name and/or professional title or occupation to any
person living or dead is merely coincidental.
15. Jouzz.com, in its sole discretion, reserves the right to add and/or remove features or functions, or to
provide programming fixes, updates and upgrades, to the SOFTWARE PRODUCT. You acknowledge
and agree that Jouzz.com has no obligation to make available to You any subsequent versions of the
SOFTWARE PRODUCT. You also agree that you may have to enter into a renewed version of this
Agreement, in the event you want to download, install or use a new version of the SOFTWARE
PRODUCT.
16. The failure of Jouzz.com to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
17. These Terms will be governed by and construed in accordance with the laws of the Republic of
Slovakia. Any action or proceeding arising from or relating to these Terms must be brought in a court
in Bratislava and each party irrevocably submits to the jurisdiction and venue of any such court.