MAGNUS MULTICOURT ®EULA
SINGLE USER
This is an End-User License Agreement (”EULA”), not a sales contract, with legal consequences; it is under the following specific terms:
1. Product: MAGNUS MULTICOURT - Single PC Version
2. Licensor: Jano Justice Systems, Inc.
3. Term: One (1) Year - NO EARLY TERMINATION PROVIDED
4. Cost:
One Court - $ 240.00 (annual billing to credit card)
All Courts - $ 300.00 (annual billing to credit card)
5. License Type: Non-exclusive, limited use, non-transferable
6. Licensee: You - One Court Approved Lawyer or Other Single User
7.
Use Permitted: Execution of the Product and use of the
resulting data by the
Licensee only
8. Intellectual Property Rights: Licensor retains all
9. Termination: Only at anniversary
10. Court Data Accessible: Only data approved by appropriate Court
PLATFORM REQUIRED
JVM 1.1 to 1.1.8 compliant device (PC, Mac, Unix, Network Station)
JVM 1.1 complaint browser such as MS Internet Explorer 4.01 with IE Server Pack 2 and latest Microsoft VM, or Netscape Navigator 4.6
PC workstation Pentium 133 Megahertz, Windows 95, 98 or NT, 16 Mb RAM, 640x480, 256 colors
Mac 8.1 or higher, Internet explorer 5.0 with Applet Viewer 2.0 or higher
RESTRICTIONS ON USE
By clicking on “I Agree” you also agree not to:
K. Sell, license or distribute any copies of the Product
L. Reverse Engineer, decompile or disassemble the Product
M. Allow anyone else to use the Product
N. Allow the Product to be copied onto more than one computer
O. Try to gain access to any data not Court approved
P. Sell any data produced by the Product
LIMITED WARRANTY - REMEDY
Licensor
warrants that the Product will perform substantially in accordance with the
accompanying materials. Upon written notice, Licensor will repair and/or
replace Product.
WARRANTY DISCLAIMER
The Limited
Warranty that appears above is the only express warranty made to you and is
provided in lieu of any other express warranties (if any) created by any
documentation or packaging. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, Licensor provides the Product and
support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaims all
other warranties and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of
accuracy or completeness of responses, or results, of workmanlike effort, of
lack of viruses, and of lack of negligence, all with regard to the Product,
and the provision of or failure to support services.
DAMAGE EXCLUSION
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH
OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY OF LICENSOR, AND EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIABILITY LIMITATIONS
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Licensor under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Licensor with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
AGREED LIMITS AND RESTRICTIONS
Licensee understands and agrees that a public entity is in sole control of what data is available to the Licensee, when that data is available to the Licensee and that such access is not controlled by Licensor. Licensee agrees that neither it nor any entity to which it sells the data, has any recourse against the Licensor or the public entity based on the contents of the data or for any restrictions, whether new, old or unanticipated, as to what data is available, when the data is available and/or the response times for access to the data. Licensee agrees to take all the steps necessary to advise any entity to which it sells data of this limitation. Licensee understands and agrees until the public entity approves the Licensee’s access, no access will be granted. Licensee understands that Licensor cannot and does not control, or warrant performance by, any internet service provider, the Internet itself or any public entity and therefore Licensor cannot guarantee timely performance by those parties.