Read and familiarise yourself with this JCAD Software Licence Agreement before you purchase, install or use the JCAD Software. By purchasing the JCAD Software, you accept and agree to be bound by the terms and conditions of this Licence Agreement, either as a legal person, the representative of a legal person or as an individual. This Licence Agreement constitutes an agreement between you (hereinafter "the User") and Jidea Oy (hereinafter "Jidea") in which Jidea grants the User a user licence to the JCAD Software. This Licence Agreement concerns the JCAD Software as well as all updates later acquired by the User for the Software, the user manuals and other materials related to the Software (hereinafter collectively referred to as the "Software"). This user licence is not granted as an exclusive licence. The User is liable and responsible for ensuring that the User's workstation is suitable and equipped with sufficient capacity to install and use the Software.
1. USER LICENCE
The User is granted a user licence to the Software on condition that it may not be transferred or assigned. It is a prerequisite that the User has paid all fees for the user licence to the valid Software. Jidea reserves all rights in the Software not expressly granted to the User. The user licence is workstation-specific. "Workstation" is used here to mean a computer owned, leased or otherwise in the possession of the User.
A user licence is restricted. The restricted user licence is valid from the time of purchase for a period defined in product purchase information and no separate update fee is payable. The licence is supplied via the Jidea website, so the User downloads the Software onto the workstation him-/herself. The period of the restricted user licence may be extended via the Jidea website.
The User shall be entitled to the following:
- With a single user licence, the User is entitled to install the Software on one workstation and to use the Software on that workstation. The Software may not be used on multiple workstations or over a network or other similar system. The User must possess a licence for each user who makes use of the Software or its services.
- The User is entitled to create copies of the Software only for the purpose of making an installation or back-up copy.
- The User may extend the licence by purchasing additional user licences.
Restrictions on use:
- The User must not install or use the Software in contravention of these licence terms or other instructions issued by Jidea.
- Simultaneous use of the Software on multiple computers or over a local or other network is prohibited.
- The User must not change, modify or translate the Software or any parts of it, or create derivative products of the above.
- The User must not supply, distribute, sell, let, pledge, give away or otherwise assign or relinquish the user licence to the Software, the Software itself or any part of it.
- The User must not supply or electronically transfer the Software or provide the Software to a third party for copying.
- The User must not decompile the Software into its source code, reverse-engineer the Software, redistribute the Software or otherwise render the Software code into a comprehensible form.
- The User must not use the Software user manuals or instructions for any purpose other than as support material for the Software.
- The User must not disclose or relinquish the licence code or other similar protective measures required in the installation of the Software to third parties.
2. COPYRIGHT AND PROPRIETARY RIGHTS
All rights in the Software, including copyright and related intellectual property rights, are the property of Jidea or its suppliers. The Software is protected by copyright legislation, international copyright agreements and other intellectual property rights agreements as well as other applicable legislation. A user licence does not grant the User proprietary or intellectual property rights in the Software; it grants only a limited usage right under this Licence Agreement which can be revoked under the terms of this Licence Agreement.
3. FEES ASSOCIATED WITH USER LICENCE
The User shall receive a user licence upon payment of the licence fee for a Software user licence. The licence fee is a consideration payable to Jidea for granting a user licence under this Licence Agreement.
The User shall pay a licence fee for the user licence, and by paying this licence fee the User shall receive a user licence for the Software which lasts for one year from the time of purchasing the Software.
Jidea shall be entitled to increase the fees if its costs or cost structure change. The licence fees for current user licences shall be published on Jidea's website or in a separate agreement made with the User.
4. PERIOD OF VALIDITY
The user licence comes into force when the Software user licence has been purchased or paid in full. The user licence shall remain in force until this Licence Agreement is cancelled or the user licence is terminated. Jidea may cancel this Licence Agreement with immediate effect if the User infringes the terms of this Licence Agreement. When Jidea cancels the Licence Agreement, the User is obligated to remove and destroy the Software and all copies of it from the workstation(s) and any other locations. Once the Licence Agreement has been terminated, Jidea is entitled to prevent the use of the Software.
5. LIMITED WARRANTY
If the User observes the instructions for using the Software, the Software will work substantially as described.
Limitations to the Software warranty: The Software and user licence are provided "as is" and Jidea does not grant any warranty other than that set out in this Licence Agreement. Jidea does not warrant or issue any guarantee concerning the economic benefit of the Software or its fitness for any purpose or its correspondence to the User's assumptions or expectations. Nor does Jidea grant any warrant concerning the correctness, accuracy, reliability or other characteristics of the Software and its related materials. The User shall be liable for all risks associated with the results and performance of the Software and its related materials.
Virus checks: Jidea has used the means available to it within the limits of its economic capabilities to check for known viruses prior to supplying the Software on the storage medium. Jidea does not, however, guarantee that the Software is totally free from known viruses. Because of this, Jidea recommends that the User checks the Software for the presence of viruses before installing the Software.
6. LIMITATIONS TO LIABILITY
Jidea's total liability to the User or other parties under this Licence Agreement or related loss or damage arising therefrom shall not exceed the fee paid annually by the User to Jidea for the Software user licence. Jidea shall not be liable for any immediate, direct, indirect, incidental or consequential loss or damage suffered by the User, including but not limited to any reduction or loss of earnings or profit caused by use or non-use of the Software or its related materials, or loss or damage to data or other economic loss, even if Jidea had been informed in advance of the likelihood of such loss or damage. Jidea shall not be liable to the User for any loss or damage caused by the operation or non-operation or faultiness of the Software.
7. TRADEMARKS
JCAD and JCAD QUANTUM are trademarks of Jidea. This Licence Agreement does not grant the User any ownership rights, licence or other rights to these trademarks and the User undertakes that the User shall not establish any such ownership rights, licence or other rights to these trademarks.
8. APPLICABLE LAW AND COURT OF JURISDICTION
This Agreement shall be subject to Finnish law provided that the conflict of law rules and the UN's General Agreement on Tariffs and Trade do not apply.
Any disputes arising under this Agreement shall be resolved in a general court in Jidea's home district.
9. SEVERABILITY OF TERMS
If a competent court decides that a term of this Licence Agreement is invalid, such a declaration of invalidity shall not be considered to have any effect on the other terms of this Licence Agreement.
