Software License Agreement

Software License Agreement

All Rights Reserved

Your Agreement to this License

You should carefully read the following terms and conditions before using, installing or distributing this software.  Unless you have a different license agreement signed by Jaijo Ltd (“Jaijo”) your use, distribution, or installation of Jaijo software indicates your acceptance of these Terms & Conditions and of the Software License (“License”).

If you do not agree to all of the terms and conditions of this License, then:
(a) do not copy, install, distribute or use any copy of Jaijo software with which this License is included, and

(b) in addition, if you paid Jaijo or an authorised Jaijo reseller for a package consisting of one or more copies of Jaijo software, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of your payment.

The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Jaijo software.  For purposes of this License, if you have a valid single-copy license, you have the right to use a single “Licensed Copy” of Jaijo software; if you or your organisation has a valid multi-user license, then you or your organisation have/has the right to use up to a number of “Licensed Copies” of Jaijo software equal to the number of copies indicated in the invoice issued by Jaijo when granting the license.

Scope of License

Each Licensed Copy of Jaijo software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.

Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access Jaijo software through the network.  For instance, if 8 different workstations will access Jaijo software on the network, you must purchase rights to use 8 Licensed Copies of Jaijo software, regardless of whether the 8 workstations will access Jaijo software at different times or concurrently.

All rights of any kind in Jaijo software which are not expressly granted in this License are entirely and exclusively reserved to and by Jaijo.  You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Jaijo software, nor permit anyone else to do so. You may not make access to Jaijo software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

Payment policies

Jaijo Ltd reserves the right to change prices of accounts or services after each anniversary of the commencement date upon (90) days prior written notice, although all pricing is guaranteed for the period of any prepayment. Payment is due within 14 days of the date of invoice. Customers will automatically be charged again at the end of their period unless closure notification has already been given in writing 30 days prior to the date of renewal.

In situations where payment has not been made within the 14 days stipulated Jaijo Ltd reserve the right to immediately suspend the facility and services to the client until the outstanding charge is processed successfully. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

All invoices will be sent directly to customers via email.

All payment is in UK sterling.

Cancellation and refunds

Jaijo Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Jaijo terms of service a refund will not be issued in the event of a cancellation.

Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Jaijo Ltd. In addition some accounts incur set-up fees, these charges are also non-refundable.

Customers are required to give written confirmation 90 days prior to the cancellation the services provided to them by Jaijo Ltd or any of Jaijo Ltd third party providers.

Warranty Disclaimers and Liability Limitations

Jaijo software, and any and all accompanying software, files, data and materials, are distributed And provided “as is” and with no warranties of any Kind, whether express or implied. In particular, there is no warranty for virus scanning, Jaijo software does not scan for viruses.  You acknowledge that good data processing procedure dictates that any program, including Jaijo software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Jaijo software covered by this License.  This disclaimer of warranty constitutes an essential part of this license.

Any liability of Jaijo will be limited exclusively to Refund of purchase price.  In addition, in no event shall Jaijo, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Jaijo software, or to your relationship with Jaijo.

In addition, in no event does Jaijo authorise you or anyone else to use Jaijo software in applications or systems where Jaijo software’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life.  Any such use is entirely at your own risk, and you agree to hold Jaijo harmless from any and all claims or Losses relating to such unauthorised use.

General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.  This License shall be governed by the laws of the United Kingdom.  Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the United Kingdom, and you consent to such jurisdiction and venue.  There are no third party beneficiaries of any promises, obligations or representations made by Jaijo herein. Any waiver by Jaijo of any violation of this License by you shall not constitute, nor contribute to, a waiver by larks of any other or future violation of the same provision, or any other provision, of this License.