End user agreement for ID Flow Photo ID Software
Jolly products are not sold; rather, copies of Jolly products 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 PRODUCTS, THE TERMS AND CONDITIONS OF THE JOLLY END USER LICENSE AGREEMENT LISTED BELOW APPLY TO YOU.
End User License Agreement
JOLLY SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACEEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
(a) "Jolly" means Jolly, 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.
(c) "Use" or "Using" means to access, install, copy, or otherwise benefit from using the functionality of the software
2. License Grants
(a) You may install and use a copy of the Software on your compatible computer. A license for the Software may not be shared, installed or used concurrently on different computers.
(b) 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 computer. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
3. License Restrictions
You may not sell, rent, lease, or sublicense all or any portion of the the Software. You may not make or distribute copies of the Software. You may, however, transfer all your rights to Use the software to another person or legal entuty provided that you also transfer each this Agreement and retain no copies and the receiving party accepts this Agreement. In the event that you fail to comply with this Agreement, Jolly may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).
4. Intellectual Property Rights
The software and any copies of the software are the intellectual property of Jolly, inc. 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 the US and international copyright laws.
Acceptance of this Agreement grants you limited license to use the Software. Jolly and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this Agreement are reserved by Jolly and its suppliers.
6. 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.
7. WARRANTY DISCLAIMER
JOLLY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JOLLY DOES NOT WARRANT THAT THE SOFTWARE IS FLAWLESS OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. JOLLY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
8. LIMITATION AND RELEASE OF LIABILITY
The Software is provided to you on 'as-is' basis, and Jolly has included in this Agreement terms that disclaim all warranties and liability for the Software. To the full extent allowed by law, YOU HEREBY RELEASE JOLLY AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the Software under the terms of this Agreement, do not install the Software.
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, Inc., 195 Glenn Way, Suite 150, San Carlos, CA 94070, USA.
If you acquired the Software in the United States of America, this Agreement shall be governed by the internal laws of the State of California. If you acquired this Software outside of the United States of America, then local law may apply. No Jolly dealer, agent or employee is authorized to make any amendment to this Agreement.
All questions concerning this Agreement shall be directed to:
195 Glenn Way, Suite 200
San Carlos, CA 94070