End user agreement for Take Command
SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY for Trial and Registered
If you don't agree with the terms below, you should not use or evaluate
In this agreement:
"Software" means the JP Software product(s) you have obtained for
evaluation or purchased, including the software, documentation, and
"Trial Copy" means a copy of the Software for which you have not paid
a fee to us or one of our authorized dealers (Trial Copies are typically
described as "trial" or "shareware" copies in the Software's sign-on
"Registered Copy" means a copy of the Software for which you have paid
a fee to us or to one of our authorized dealers, and which is not
described as a trial or shareware copy in the Program's sign-on messages;
"We" or "us" means JP Software Inc., a corporation based in Chestertown,
"You" means the evaluator or end user of the Software;
(1) Legal Agreement. This legal agreement allows you to use the Software
under the terms and conditions below.
(2) Ownership. We or our licensors own the Software under copyright, trade
secret and all other laws that may apply. All JP Software product names,
designs, and logos are trademarks of JP Software Inc.
(3) Evaluation Period. You may use a Trial Copy of the Software for an
evaluation period of up to 30 days, in order to determine whether the
Software meets your needs before purchasing a license. Your evaluation
period begins when you first install the Software on one or more computers
for evaluation purposes. Once the evaluation period ends, you agree to
either purchase a license for the Software, or to stop using it. If you
have ordered a Purchased Copy of the Software from us or from one of our
authorized dealers you may continue to use your Trial Copy until your
Purchased Copy arrives.
(4) Use of the Trial Software. While you are evaluating the Software,
you may use it on as many computers as are required to perform your
evaluation. However, once the evaluation period is over and you purchase
a license for the Software, your use will be restricted to the number of
computers for which you have purchased licenses, under the license
agreement which applies to your Registered Copy.
(5) Making and Distributing Trial Copies of the Software. You may make
copies of your Trial Copy of the Software to give to others, as long as
you include all of the files that you originally received with your Trial
Copy. You agree not to sell Trial Copies of the Software or distribute
them to others for any kind of compensation or fee.
(6) Use of Individual Copies. If you purchased an individual copy of the
Software it may be installed for a single person's use on up to three
Computers (such as a Computer at work, a Computer at home, and a portable
Computer), as long as all Computers are primarily for that person's use at
all times, each computer is normally kept at a different location (address)
than the others, and they are never used simultaneously except during
active transfer of files between them. (If the Software copy was purchased
by your employer, you must obtain your employer's explicit permission
before installing the Software on multiple Computers as described above.)
(7) Multi-System Licenses. If you purchased a multi-system (rather than
individual) license for the Software, you may install the Software on at
most the number of Computers licensed, as shown on the program signon screen
or authorized in other electronic or printed documents received from us or
our dealer. Unlike individual copies, under a multi-system license each
Computer (work, home, portable, etc.) is counted separately, even if the
Computers are not in use simultaneously.
(8) Copying and Distribution of Registered Copies. You may copy the
Software files as necessary for normal backup purposes. In addition, you
may give the trial version of the Software to individual friends and
colleagues you know personally, without your serial number or registration
keys. You may not make, sell, or give to others, any other whole or
partial copy of the Software, without our advance written permission.
(9) Registration Keys. Any registration keys you receive in order to
personalize, install, or register the software are private and confidential
information known only to you and to us, and may not be given to others
under any circumstances.
(10) LIMITED WARRANTY for Physical Defects. We don't promise that
the Software will be free of software bugs or program errors. If you
report an error or bug to us, we will address it as part of our normal
maintenance procedures. If we issue a maintenance release for the
Software containing a correction for an error you reported, we will make a
copy of that release available to you for electronic download at no charge.
We will only do this for maintenance releases, not for other new versions
of the Software.
(11) Satisfaction Guarantee. If you are dissatisfied with any JP Software
product you buy from us under this Agreement for any reason, you may return
it to us at any time up to 90 days after purchase and we will refund the
amount you paid, less shipping and handling costs. You must contact us
before returning any product for a refund. This satisfaction guarantee
does not apply to multi-system licenses for more than 10 Computers, or to
purchases of more than 10 individual copies.
(12) DISCLAIMERS, LIMITATIONS, and RESTRICTED RIGHTS.
> DISCLAIMER (Trial Copy): YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE
FOR YOUR TRIAL COPY OF THE PROGRAM. ACCORDINGLY THE TRIAL COPY IS PROVIDED
"AS-IS" AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ASSUME FULL RESPONSIBILITY FOR THE SELECTION AND USE OF THE SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS, AND ACKNOWLEDGE THAT IF YOU USE THE SOFTWARE
IMPROPERLY OR AGAINST OUR INSTRUCTIONS YOU CAN CAUSE DAMAGE TO YOUR FILES,
SOFTWARE AND DATA.
> DISCLAIMER (Registered Copy): Except for the Limited Warranty stated
above, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO USE
AND TEST THE SOFTWARE BEFORE PURCHASE, SO THAT THE ESSENTIAL PURPOSE OF
THE ABOVE WARRANTIES IS FULFILLED EVEN WHERE A REFUND MAY NOT BE AVAILABLE.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION AND USE OF THE SOFTWARE
TO ACHIEVE YOUR INTENDED RESULTS, AND ACKNOWLEDGE THAT IF YOU USE IT
IMPROPERLY OR AGAINST OUR INSTRUCTIONS YOU CAN CAUSE DAMAGE TO YOUR FILES,
SOFTWARE AND DATA. The Limited Warranty above gives you specific legal
rights, but you may have other rights, which vary from jurisdiction to
> HIGH RISK ACTIVITIES. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE AS ONLINE CONTROL EQUIPMENT
IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, such as in
the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, or any other environment in which the failure of the Software
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). WE SPECIFICALLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES FOR
THE SOFTWARE OR ANY PORTION THEREOF.
> LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT
OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US. Some jurisdictions
do not allow exclusion or limitation of liability for incidental or
consequential damages, therefore the above limitation may not apply to you.
> EXPORT. You may use the Software in any country, except countries that
are subject to U.S. export restrictions. You are solely responsible for
determining whether any planned export relating to the Software is legal
under U.S. and other applicable laws.
> RESTRICTED RIGHTS LEGEND: Use, duplication, or disclosure by the U.S.
Government subject to the restrictions set forth in DFARS 252.227-7013
(c)(1)(ii) and FAR 52.227-19.
JP Software Inc.
P.O. Box 328
Chestertown, MD 21620, USA
fax (800) 595-8197