End User License Agreement For Jotme (EULA)

IMPORTANT: READ CAREFULLY - Do not use the Jotme Software until you have carefully read this Agreement. This Agreement sets forth the terms and conditions for licensing of the Jotme Software. Installing the Jotme Software indicates that you have read and understood this Agreement and that you accept its terms and conditions. You acknowledge that, in providing you with the Jotme Software, Rubarto and its licensors rely upon you to read this Agreement, understand it and agree to be bound by its terms, to the exclusion of the terms of any other writing.

For the purposes of this agreement Rubarto is the company which owns all rights to the Jotme software. For the purposes of this agreement the words Rubarto and Jotme are interchangeable "The software" shall be taken to mean the software contained in this package or download, The Jotme server and Jotme client and any subsequent versions or upgrades received as a result of having purchased this package or download

All provisions in this agreement are subject to the provision of United Kingdom law and your statutory rights are not affected. In the event of any part of this agreement being unenforceable all other non affected provision shall remain valid. It is understood that this agreement covers all Jotme software components (including the Jotme server, Jotme client and the Jotme licence) whether they where purchased on a disk or downloaded and whether they were paid for or were awarded by Rubarto as free software.

Copyright 2006 Rubarto all rights reserved.

Jotme software is copyright 2006 to Rubarto Ltd. All rights reserved. This software may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from Rubarto. You are granted a limited license to use this software. The software may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs. The copyright shall extend to all constituents of the program including the Jotme server, Jotme client and the Jotme licence.

Trademarks.

Jotme. Be there. Rubarto. Jotme Primo. Bring your organisation together.

License:

"The software" shall be taken to mean the software contained in this package or download, The Jotme server and Jotme client and any subsequent versions or upgrades received as a result of having purchased this package or download. "Buyer" shall be taken as the original purchaser of the software. Buyer has the non-exclusive right to use the software only on a single computer at a time. Buyer may not electronically transfer the program from one network to another. Buyer may not copy by whatever means nor distribute copies of the software or the accompanying documentation to others either for a fee or without charge. Buyer may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its contituent source code. Buyer’s use of the software indicates his/her acceptance of these terms and conditions. If buyer does not agree to these conditions, return the distribution media, documentation, and associated materials to the vendor from whom the software was purchased, and erase the software from any and all storage devices upon which it may have been installed. The software and accompanying documentation may not be provided by a “backup service” or any other vendor which does not provide an original package as composed by Rubarto including but not limited to all original distribution media, documentation, registration cards, and insertions.

This license agreement shall be governed by the laws of the United Kingdom, and the European Union and shall inure to the benefit of Rubarto or its assigns.

Disclaimer / limitation of liability.

All limitation of liability is subject to the provision of United Kingdom law and your statutory rights are not affected. In the event of any part of this agreement being unenforceable all other non affected provision shall remain valid. Buyer acknowledges that the software may not be free from defects and may not satisfy all of buyer’s needs. Rubarto warrants all media on which the software is distributed for 60 days to be free from defects in materials and workmanship under normal use. This warranty is limited in duration to 60 days (or to the shortest period permitted by applicable law, if longer. This warranty gives you specific legal rights, and you may have other rights as well, which vary according to jurisdiction). The software and any accompanying written materials are licensed “as is”. Buyer’s exclusive remedy during the warranty period shall consist of replacement of distribution media if determined to be faulty or a refund limited to the amount paid by you to Rubarto for the Jotme software. To the maximum extent permitted by applicable law Rubarto will in no event be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the program, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.

Rubarto does not warrant access to the internet or any other service through the Jotme software. You must provide and arrange your own access to the internet and pay any service fees associated with such access, and provide your own equipment necessary for you to make such a connection, including a computer and modem or other device. No oral or written information or advice given by Rubarto and its licensors, their respective employees, distributors, dealers or agents shall increase the scope of the above representations, warranties or conditions, or create any new representations, warranties or conditions in connection with the Jotme software in this agreement.

Termination

This Agreement may be terminated by Rubarto immediately and without notice if you fail to comply with any term or condition of the Agreement. Upon such termination, you must immediately destroy all and every complete and partial copies of the Jotme Software and related materials, including all backup copies. From time to time, Rubarto may change the terms and conditions of this Agreement upon notice, but no such change will materially affect your ability to use the Jotme Software. Your continued use of the Jotme Software will indicate your agreement to all aspects of the change.

General agreement

This Agreement sets forth Rubarto’s and it’s Representatives' entire liability and your exclusive remedy with respect to the Jotme Software, accompanying documentation, materials and related Online Services and other services. You acknowledge that this Agreement is a complete statement of the agreement between you and Rubarto regarding the subject matter hereof, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Jotme Software, documentation, other materials, or any related services. This Agreement does not limit any rights that Rubarto may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Rubarto are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Rubarto, other than in writing signed by an officer of Rubarto. Accordingly, such additional statements are not binding on you or Rubarto.