JUJUBA SOFTWARE SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE
ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND
JUJUBA SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION
PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE
AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
THE “I ACCEPT” BUTTON IN MACROMEDIA CENTRAL AND USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
THEN DO NOT INSTALL THE SOFTWARE.
(a) “JUJUBA SOFTWARE” means
JUJUBA SOFTWARE and its licensors, if any.
(b) “Software” means the END USER software program and any third
party software programs contained therein, in each case supplied by JUJUBA SOFTWARE herewith, and corresponding documentation,
associated media, printed materials, and online or electronic documentation,
and all updates or upgrades of the above that are provided to you.
(c) “Software Trial Application” means a version of the Software, so identified,
to be used only to review, demonstrate and evaluate the Software for a limited
time period. The Software may have limited features and will cease operating
after a predetermined amount of time due to an internal mechanism within the
Software or within Macromedia Central.
2. License Grants
(a) You may install and use the Software on up to five (5) devices
that have a Windows 8 operating system. A license for the Software may not be shared,
installed or used concurrently on different computers.
(b) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable
(c) You may not sell, rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the
(e) You may not export the Software into any country prohibited by the United
States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA,
JUJUBA SOFTWARE 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 EULA surviving any such termination).
(g) Unless otherwise provided herein, you
shall not (A) in the aggregate, install or use more than one copy of the Software,
(B) download the Software Trial Application under more than one username,
(C) alter the contents of a hard drive or computer system to enable the use
of the Software Trial Application for an aggregate period in excess of the
trial period for one license to such Software Trial Application, or (D) use
the Software Trial Application for a purpose other than the sole purpose of
determining whether to purchase a license to a commercial version of the Software.
The foregoing license gives you limited license to use the Software.
JUJUBA SOFTWARE and its suppliers and partners 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 EULA, including Federal and International Copyrights, are reserved
by JUJUBA SOFTWARE, its suppliers and
5. WARRANTY DISCLAIMER
JUJUBA SOFTWARE AND ITS SUPPLIERS AND
PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED,
OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE
OR QUIET ENJOYMENT. JUJUBA SOFTWARE DOES
NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED
OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS,
INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
JUJUBA SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY
OF FITNESS FOR SUCH PURPOSES.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES
WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
TO NINETY (90) DAYSFROM THE DATE OF DELIVERY.
(c) NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY JUJUBA SOFTWARE, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
(e) JUJUBA SOFTWARE shall have no responsibility if the Software has been
altered in any way, or FOR ANY failure THAT arises out of use of the Software
with other than a recommended hardware configuration, PLATFORM OR OPERATING
6. LIMITATION OF LIABILITY
(a) NEITHER JUJUBA SOFTWARE NOR ITS SUPPLIERS AND PARTNERS SHALL
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF,
OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF JUJUBA SOFTWARE
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
(b) JUJUBA SOFTWARE‘S TOTAL LIABILITY TO YOU FOR ACTUAL
DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $0.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY
ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental
elements of the basis of the agreement between JUJUBA SOFTWARE and you.
JUJUBA SOFTWARE would not be able to provide the Software on an economic
basis without such limitations. Such Warranty Disclaimer and Limited Liability
inure to the benefit of JUJUBA SOFTWARE’s
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with “RESTRICTED RIGHTS”
applicable to private and public licenses alike. Without limiting the foregoing,
use, duplication, or disclosure by the US Government is subject to restrictions
as set forth in this EULA 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:
JUJUBA SOFTWARE, Woodinville.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this
EULA do not affect or prejudice the statutory rights of a consumer, i.e.,
a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained
in this EULA shall apply to you only to the extent such limitations or exclusions
are permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
(a) This Software does not utilize third party software.
This EULA shall be governed by the internal laws of the State of
WASHINGON, without giving effect to principles of conflict of laws. You
hereby consent to the exclusive jurisdiction and venue of the state courts
sitting in KING County
WASHINGON or the federal courts in the
. to resolve any disputes arising under this
EULA. In each case this EULA shall be construed and enforced without regard
to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous agreements
or understandings, whether oral or written. You agree that any varying or additional
terms contained in any purchase order or other written notification or document
issued by you in relation to the Software licensed hereunder shall be of no
effect. The failure or delay of JUJUBA SOFTWARE to exercise any of its rights under
this EULA or upon any breach of this EULA shall not be deemed a waiver of
those rights or of the breach.
No JUJUBA SOFTWARE dealer, agent or employee is authorized
to make any amendment to this EULA.
If any provision of this EULA
shall be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible, and the
remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to:
JUJUBA SOFTWARE,email@example.com, Attention: Andrei Pushkin.
JUJUBA SOFTWARE and other trademarks contained in the Software are
trademarks or registered trademarks of JUJUBA SOFTWARE in the United States and/or
other countries. Third party trademarks, trade names, product names and logos
may be the trademarks or registered trademarks of their respective owners.
You may not remove or alter any trademark, trade names, product names, logo,
copyright or other proprietary notices, legends, symbols or labels in the
Software. This EULA does not authorize you to use
JUJUBA SOFTWARE’s or its licensors’ names or any of their respective