JAMES INTEGRATED TECHNOLOGIES, CORP. (JITCorp) SOFTWARE LICENSE AGREEMENT

IMPORTANT: READ THIS NOTICE BEFORE INSTALLING

You should carefully read the terms and conditions of this license agreement before installing the software program ("SOFTWARE") which is ether enclosed or attached. OPERATING the SOFTWARE indicates your acceptance of these terms and conditions. If you are unwilling to be bound by the terms of this agreement, you should promptly return the package to the place where you obtained it and you will receive a refund. There are three options and a universal requirement to this license. Option 1 applies if you are implementing the software under JITCorp's "Leap into the Future" campaign. Option 2 applies to you if you have not purchased a license to the accompanying SOFTWARE and are not registered under the free Leap into the Future campaign. Option 3 applies if you have purchased a licensed to the SOFTWARE. Universal requirements apply to all licenses granted. To purchase a license for this SOFTWARE contact JITCorp at jitcorp.com or webclerk.com.

Option 1 :
Applicable terms when the license fee is not paid but the customer's usage of WebClerk ("SOFTWARE") is registered at www.webclerk.com under our Leap into the Future program. JITCorp grants a non exclusive license to use SOFTWARE free of charge if you REGISTER your use in compliance with our Leap into the Future effort as defined at www.webclerk.com. This program is subject to end at any time and is limited to single user versions of the programs only. If you have not registered by the end of the program you must pay to use the program and for upgrades. If you register your use you will be able to buy upgrades as if you had purchased the license. NOTE free software is provided "as is", without warranty of any kind, including without limitation to warranty of merchantability, fitness for any particular use and non-infringement.
Option 2 :
Applicable terms when license fee not yet paid, limited to evaluation, educational, and nonprofit use. It is limited to single user versions of the programs only. JITCorp grants a non-exclusive license to use SOFTWARE free of charge if you are a student, staff member or faculty member of an educational Institute of public education or private education Collegiate or below, employee of an organization which meets JITCorp's criteria for charitable organizations, you registered as a user under Leap into the Future program, or you are using this software for the purpose of evaluation for purchasing for commercial use. The evaluation period for commercial use is 90 days. NOTE free software is provided "as is", without warranty of any kind, including without limitation to warranty of merchantability, fitness for any particular use and non-infringement.

Option 3 :
Subject to payment of applicable license fees JITCorp grants a non-exclusive license to use the SOFTWARE and accompanying documentation ("DOCUMENTATION"). DOCUMENTATION Documentation is provided as is. The official site for documentation is JITCorp's web site for the program. A reference for documentation is available at webclerk.com or jitcorp.com.

LIMITED WARRANTY :
JITCorp's warrants from the date purchase for period of 30 days that the single user versions of SOFTWARE may be returned for the full purchase price, Client/Server versions are not refundable as the SOFTWARE may be fully tested prior to purchasing or implementing the Client/Server versions. All labor and support agreements are due and payable based upon the terms at the time of the sale.

UNIVERSAL REQUIREMENTS -- APPLICABLE TO ALL OPTIONS :

The enclosed JITCorp software program contained in this installation is copyrighted software of JITCorp, and all rights are reserved. You are licensed to use this SOFTWARE only under the terms of this Agreement. When using the program to publish a web site, you must:

  • Prominently display the Powered By WebClerk Link (available at http://www.webclerk.com) on the navigation or front web page when using the program to power a web site.
  • When using the program with a rentable data set, payments are required to be made to JITCorp based on the data set. This is typically paid by the data set provider. The user is responsible to assure the data set provider states they are in compliance with this term.
You may :
  • Use the Program on only one computer at a time;
  • Make one copy of the Program solely for backup purposes, provided that you reproduce all propriety notices on the copy;
  • Physically transfer the program from one computer to another, provided that the Program is used on only one computer at a time;
  • Transfer the Program onto a hard disk for use only as described herein, provided that you can immediately; prove ownership of the original program.
You may not :
  • Provide use of the Program in a computer service business, software-rental, network, timesharing, or multiple CPU's;
  • Make any copies of the user manual or other documentation;
  • Utilize the program in any commercial product, in whole or in part, unless you pay for a separate license granting you such rights;
  • Rent, transfer or grant any rights in the program in any form or accompanying material to any person without the prior written consent of JITCorp, which, if given, is subject to transferee's consent to the terms and conditions of this license;
  • Remove any proprietary notices, labels or marks on the Program and accompanying materials.
This license is not a sale. Title and copyrights to the program, accompanying materials and any copy made by you remain with JITCorp. When connected to the Internet, the program will email home a message once a quarter to advise JITCorp of the status and revision of the program so we can better serve our customers.

TERMINATION:
Unauthorized copying of the Program or the accompanying materials, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to JITCorp other legal remedies. Upon termination, you will destroy or return to JITCorp the Program, accompanying materials and any copies.

DISCLAIMER :
The enclosed software is designed as sales operations software . Features, such as the "Unlock Fields", add to operational flexibility although they sacrifice control. The direct effort to optimize sales operations limits our ability to adhere to all control features of accounting software.

The accounting features in the program, are intended to assist sales rather than create a tightly controlled and regulated environment. Alerts are provided for some but not all actions which might create conflicts with accounting practices. Limitation Warranty on SOFTWARE and DOCUMENTATION Replacement/Correction If you discover physical defects in the DOCUMENTATION distributed with the SOFTWARE JITCorp will post a correction to it's web sites for download within 30 days. JITCorp web sites are http://www .jitcorp.com or http://www.webclerk.com.

Even though JITCorp has tested the SOFTWARE and reviewed the DOCUMENTATION , JITCorp makes no warranty or representation, either expressed or implied, with respect to SOFTWARE, it's quality, performance, merchantability, or fitness for a particular purpose, as a result, this software is sold "as is," and you, the purchaser, are assuming the entire risk as to its quality and performance. JITCorp makes no claim as to the accuracy of the DOCUMENTATION. Note: The software will periodically email JITCorp as to the revision and use.
JITCORP OR ACUIS, INC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. JITCORP OR ACIUS, INC DOES NOT WARRANT. GUARANTY OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. BECAUSE THE EXCLUSION OF IMPLIED WARRANTIES ARE NOT PERMITTED IN SOME JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL JITCORP OR ACIUS, INC, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY JITCORP OR ACIUS, INC) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF JITCORP OR ACIUS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JUSISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied. No JITCorp employee or authorized installer is authorized to make any modification, extension, or addition to this warranty.