JExpress Personal License Agreement

DeNova is not selling or giving the Software or Source Code, as defined below, to you, but only providing one (1) Assigned Employee, also defined below, the Long Term JExpress license to use it under the following terms and conditions.

Definitions: For the purpose of this JExpress Long Term License Agreement, the following definitions are valid:

Licensee is the organization that enters into this agreement and purchases the Long Term License.

Software is DeNova's JExpress deployment suite in binary format. The Software is the sole property of DeNova and protected by International Copyright Law, such as the Revised Berne Convention and the US Copyright Act.

Source Code means all source files that DeNova developed to create the publicly distributed versions of the "JExpress Installer", "JExpress Updater", and "JExpress Uninstaller" programs. The Source Code is the sole property of DeNova and protected by International Copyright Law, such as the Revised Berne Convention and the US Copyright Act.

Employee is the individuals directly employed by the Licensee, together with individual contractors directly paid and supervised by the Licensee.

Assigned Employee is an Employee who has been designated to use the Software and Source Code. A maximum of one (1) Employee my be assigned to use the Software and Source Code. DeNova must be notified with the name and email address of the Assigned Employee.

The Assigned Employee may not be "floating" or "changed" on a frequent basis. When an Assigned Employee leaves the company or changes jobs, then all copies of the Software and Source Code must be removed from their computers and other devices. DeNova must be notified with the name and email address of the new Assigned Employee.

A Competing Product is a software package which can produce installers, updaters, or uninstallers.

Purpose: This is a non-exclusive, non-transferable, non-sublicensable license to the Software and Source Code. DeNova agrees to provide the Software and Source Code to Licensee subject to the terms of this agreement. The Assigned Employees may modify any of the Source Code to make installers and uninstallers operate as they would like, subject to the JExpress Standard License Agreement, incorporated here by reference and as long as any changes do not to circumvent any license enforcement features. Licensee and Assigned Employee may not use the Software or Source Code for any purpose other than stated in this license.

License: DeNova agrees to provide the Software and Source Code to the Licensee. Licensee agrees that the Software and Source Code will only be used by one (1) Assigned Employee. Licensee and Assigned Employee agree not to make public or distribute the Source Code.

Licensee agrees that resultant object files from the Source Code will only be used in installers and uninstallers created by the Software. License agrees not to use any of the Source Code, algorithms, or object files in any other program or product.

The Assigned Employee may only install and use one copy of the Source Code on one computer that is solely accessed by that Employee. The objects files generated from the Source Code may only be used in accordance with the JExpress Standard License Agreement.

Licensee may redistribute any installers, updaters, and uninstallers that you create with the Software, royalty free. The redistributable files are limited to those specifically identified at:

http://denova.com/jexpress/redistr.html

Confidentiality: The Licensee acknowledges that the Source Code and the algorithms received through this Agreement are critical to the operation of DeNova. The Licensee agrees to keep the Source Code, algorithms, concepts, and samples that DeNova supplies under this Agreement confidential for a period of five (5) years from the date of the Agreement. The Licensee further agrees not to provide or disclose the Source Code or its algorithms to any third party for any reason.

Non-Competition: The Licensee acknowledges that they are not now and do not plan to develop Competing Products. The Licensee agrees not to use the Source Code, binaries, its algorithms, or any information learned from the Source Code in any Competing Product.

Copyright: The Licensee agrees to leave DeNova's copyright notice in the Source Code, on the distributable binaries, and on any works derived from Software.

Term:The software is licensed in perpetuity.

Termination: DeNova may terminate Licensee's license if the Licensee or an Assigned Employee fail to comply with any of the terms and conditions of this Agreement. In such case, you must destroy all copies of the Software, Source Code, and all of its component parts. Additionally, you must stop providing any installers, updaters, or uninstallers created by the Software to anyone.

Software labeled or otherwise identified by DeNova as an update or upgrade, replaces and/or supplements the Software that formed the basis for your eligibility for such update. Licensee and Assigned Employee may use the resulting updated Software only in accordance with the terms of this Agreement. You must be the original license holder of the Software that is being updated or upgraded.

Support: DeNova maintains extensive documentation, including a knowledge base, online. This material is available until 2015-12-31.

Modifications: The Licensee agrees not to modify or circumvent any system for monitoring or controlling usage of the Software, and not to allow others to do so. Any modifications the Licensee makes to the Source Code that are delivered to DeNova become the exclusive property of DeNova. DeNova may, but is not obligated to, integrate those modifications into the JExpress Installer and/or JExpress Uninstaller.

Delivery: Software and any updates will be delivered electronically from DeNova's web site. Licensee acknowledges delivery by downloading.

Restrictions on Use and Transfer: Licensee and the Assigned Employee may not use, copy, or transfer copies of the Software except as provided in this Agreement. Licensee and the Assigned Employee may not sub-license, rent, lease, lend, or assign the Software.

Notices: Notices under this Agreement will be sent via email. Both parties agree to notify the other party one week before their email address changes. DeNova's email address is sales@denova.com

Limited Warranty: The manufacturer hereby warrants, to the original purchaser only, any physical media supplied by manufacturer to be free of defects in material and workmanship for a period of 60 days from the date of purchase. If you notify the manufacturer of defects in material or workmanship within the warranty period, the manufacturer will replace the defective physical media. Your sole and exclusive remedy in the event of a defect is expressly limited to replacement of the physical media such as CDROM(s).

High Risk Activities: The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line 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, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). DeNova and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Disclaimers: The Software is provided "as is" without any warranty of any kind, either expressed or implied. In no event will DeNova be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damages.

Government Restrictions: Use, duplication, or disclosure by the U.S. Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (if DoD) or 52.227.19 (a) through (d) and restrictions in this License Agreement (if Civilian Agency). The manufacturer is DeNova.

Laws:This Agreement will be construed, interpreted, and governed by the laws of the State of Georgia if you are located in the United States, and by the laws of the United States elsewhere.

Effective Date: The Effective Date of this Agreement is the date the License is purchased from DeNova or any of its designated suppliers.

I, the purchaser, acknowledge that I have the authority to enter into this Agreement.