Use license.

WARNING! You should read carefully all the terms and conditions of this Agreement between JCS DEVELOPPEMENT, (JCS DEVELOPPEMENT) a French Company and you ("The licensee"), before using the Software.

1. Ownership and license

This is a license agreement and not an agreement for sale. JCS DEVELOPPEMENT continues to own the Software contained in the package and all other copies that licensee is authorized by the Agreement to make. licensee's rights to use the Software are specified in this Agreement, and JCS DEVELOPPEMENT retains all rights not expressly granted to you in this Agreement.

2. Rights granted

JCS DEVELOPPEMENT grants you a personal, non-exclusive, non-transferable and royalty-free license to use the Software.

Licensee may not: a) Use the Software as a development assistance, a library, a "shell" or a tool.
b) Derive profits from the use of the Software. c) Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software or any part of the Software, except otherwise mentioned by the legislative measures in force. d) Remove or alter any Software identification, proprietary notices, labels or trademarks which appear on or in the Software.

3. Disclaimer of warranty & limited liability

The software is provided "as is" without warranty of any kind, either express or implied. JCS DEVELOPPEMENT does not warrant that the functions contained in the Software will meet licensed's requirements or that the operation will be uninterrupted or error free. The entire risk as to the use, quality, and performance of the Software is with the licensee. Should the Software prove defective, you, and not JCS DEVELOPPEMENT, assume the entire cost of any necessary repair. In no event, JCS DEVELOPPEMENT will be liable for any incidental, consequential, direct or indirect damages including but not limited to the loss of data, lost of profits, or any other financial loss arising from the use of, or inability to use, even if JCS DEVELOPPEMENT has been notified of the possibility of such damages.

4. Intellectual property

The Software is intellectual property of JCS DEVELOPPEMENT and/or its suppliers protected as such by French copyright law, international treaty provisions, and applicable laws of the country in which it is being used. Trademarks, logos and trade-names quoted in this Agreement, on or in the Software are the property of their respective owners.

5. Term & termination

This license is effective from the date licensee receives the Software. Each party may terminate this license at anytime without cause upon written notice. This termination shall not relieve the licensed from its liability to respect all the obligations claimable before the termination date. The Agreement and the license granted hereunder shall automatically terminate at JCS DEVELOPPEMENT 's sole discretion if licensee is in breach of this Agreement. This termination shall not prevent JCS DEVELOPPEMENT from claiming any further damages. Upon termination for any reason, the licensee shall destroy or return the Software to JCS DEVELOPPEMENT, any copy made partial or whole in its possession. Upon termination for any reason, the licensee shall certify by means of a written document duly signed by a legal representative that the provisions of the present article have been respected, and this within a time limit of eight (8) days as from the date of termination.

6. Miscellaneous provisions

The licensee shall not directly or indirectly transfer the Software to any country to which such transfer would be prohibited by any applicable export control laws. No change or modification to this Agreement will be valid unless it is in writing and is signed by a duly authorized representative of each party. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect. The waiver by JCS DEVELOPPEMENT of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. This is the entire agreement between JCS DEVELOPPEMENT and licensee relating to the contents of the Software and supersedes any other communications with respect to the Software. The relationship between JCS DEVELOPPEMENT and the licensee is that of LICENSOR/licensee. In all matters regarding to the present Agreement, the licensee shall act as an independent contractor. This Agreement will be governed by the laws in force in the country/state where you have obtained this Software. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by adjudication before the competent courts of the country/state where you obtained this Software.

YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT INDICATED ABOVE.

Should you have any questions, please contact JCS DEVELOPPEMENT +33 (5) 62 51 78 00.

© 1999 JCS DÉVELOPPEMENT. All rights reserved. Rescue for 4D Data and Rescue for 4D Data logo are trademarks of JCS DÉVELOPPEMENT.