End User License Agreement
IMPORTANT READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE (DEFINED HEREAFTER), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND You MUST DELETE OR RETURN THE UNUSED SOFTWARE.
1. THIS END USER LICENSE AGREEMENT
This Agreement is effective between You and Just Networking, LLC (“Just Networking”) as of the date You first download, install or use the Software, whichever is earliest. You are responsible for reading and complying with any amended version of this Agreement that is made available by Just Networking via the Software or that is posted at https://www.just-networking.com.
2. THE SOFTWARE
"Software" shall mean the object code versions of the product, together with the updates, new releases or versions, modifications, or enhancements, owned and provided by Just Networking to You pursuant to this Agreement. The Software allows users to use certain features relating to (i) encrypted VPN Tunnel for peer-to-peer communications of IP devices; and (ii) management of hardware creating the connections.
3. SOFTWARE LICENSE
3.1. The Software is licensed, not sold, to You by Just Networking only under the terms of this Agreement; and Just Networking reserves all rights not expressly granted under this Agreement
3.2. Upon payment of the applicable fees for the Software and continuous compliance with the terms and conditions of this Agreement, Just Networking hereby grants You a limited, perpetual, nonexclusive license to use the object code of the Software.
3.3. You may permanently transfer Your rights under this Agreement only as part of a permanent sale or transfer of the device, and only if the recipient accepts this Agreement.
3.4. Use herein of the word "purchase" in conjunction with licenses, license keys, or the Software shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights, title, or interest in or to Software, documentation, trademarks, service marks, or trade secrets, or corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) of Just Networking or its suppliers, and all rights, title, and interest in and to the Software, documentation, and corresponding intellectual property shall remain the property of Just Networking, its suppliers, or are publicly available. All rights not expressly granted under this Agreement are reserved by Just Networking, its suppliers, or third parties. All title, rights, and interest in and to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable intellectual property laws and treaties. This Agreement gives You no rights to such content, including use of the same. Just Networking agrees that the data and information (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) generated by the Software from Your proprietary data and information shall be and remain Your sole property.
3.5. Just Networking may do any of the following at any time, with or without notice or cause, and without any liability to you: (a) change, suspend, or terminate any features or functionality of the Software; (b) impose limits on certain features or functionality of the Software; or (c) terminate this Agreement. Upon any such termination, You shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in your possession. Modification, suspension, or termination of the Software or this Agreement shall not entitle You to any refund, credit, or other compensation from Just Networking under this Agreement or any other agreement or from any third party.
4. PERMITTED LICENSE USES AND RESTRICTIONS
4.1. This Agreement allows You to use the Software on any supported device and on no other devices. The Software is available only for supported devices and may not be available for all devices.
4.2. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
4.3. Except as otherwise agreed in a separate agreement between You and Just Networking, You may not resell, rent, lease, lend, redistribute, sublicenses or otherwise make the Software itself available, or use or allow use of the Software on any hardware other than the supported devices. Additionally, you may not modify, reproduce, decompile, decrypt, disassemble, reverse engineer, create derivative works of, translate or otherwise reduce to human-readable form the Software, circumvent any copy-protection, hardware version controls, or license enforcement; or attempt to do any of the foregoing, except to the extent expressly permitted by applicable law. You may, however, resell, rent, lease, lend, redistribute or otherwise make the device available if You purchase a device with the Software included.
4.4. With respect to updates to the Software that Just Networking may make available for download, this Agreement allows You to download such Software updates to update or restore the Software on any supported device.
4.5. The Software is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of this Agreement and of the rights of Just Networking and/or its licensors. If You violate this restriction, You may be subject to prosecution and damages.
4.6. You may not use the Software to submit or link to any content that, in Just Networking’s sole discretion:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of the Software or Just Networking’s website, social media profiles or any other computer network owned or operated by Just Networking;
- Violates anyone’s privacy or publicity rights;
- Breaches any duty of confidentiality that You owe to any person or entity;
- Is vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware;
- Contains false or deceptive language or comparative claims regarding Just Networking’s or third parties’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits; or, any content that Just Networking may reject for any reason in its sole discretion.
4.7. Without limiting the generality of anything herein, You acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.
4.8. Without limiting the generality of anything herein, You are responsible for complying with applicable laws and government regulations in your use of the Software.
5. THIRD PARTY COMPONENTS
The Software may include certain third-party components. Any applicable terms and/or notices required by Just Networking’s licensors for such components may be disclosed within the Software, or on the Just Networking website, or as otherwise disclosed or made available by Just Networking.
6. USE OF DATA
If You provide or otherwise make available to Just Networking any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Software or otherwise, then (a) You hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Just Networking under any fiduciary or other obligation; and (b) You hereby grant to Just Networking, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to You or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes or testimonials).
8. Your REPRESENTATIONS AND WARRANTIES
You represent and warrant that in connection with your use of the Software, You shall supply truthful and accurate information to Just Networking and shall comply with all applicable laws.
9. DISCLAIMER OF WARRANTY
Neither Just Networking nor its third-party providers warrant the Software will perform in accordance with any specifications, documentation, or other standards, perform in an uninterrupted capacity, be error-free or bug-free, provide complete or accurate data, nor do they make any warranties as to the results to be obtained from the use of the Software. Use of the Software and reliance thereon is at your sole risk. Neither Just Networking nor its third-party providers shall in any way be liable to You or any other entity or person for their inability to use the Software, or for any inaccuracies, errors, omissions, delays, computer viruses or other infirmity or corruption, damages, claims, liabilities, or losses, regardless of cause, in or arising from the use of the Software. The Software is provided on an “as is” basis and without warranty or any support or maintenance of any kind. No warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or of any other type is provided hereunder. No oral or written information or advice given by Just Networking or its authorized representative shall create a warranty.
10. LIMITATION OF LIABILITY
Under no circumstance shall Just Networking, its agents, licensors, or suppliers be liable to You on account of your use or misuse of, or reliance on, the Software. To the maximum extent permitted by applicable law, in no event shall Just Networking, its agents, licensors, or suppliers be liable to You for any actual, direct, indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost savings, costs of procurement of substitute products or services or other damages arising out of the use or inability to use the Software even if advised of the possibility of such damages.
11. GOVERNING LAW
This Agreement is governed by and shall be construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute relating to this Agreement and/or your use of the Software resides in the state and federal courts located in Davidson County, Tennessee; and You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Notwithstanding the foregoing, Just Networking may seek injunctive relief in any court of competent jurisdiction.
This Agreement, including any terms incorporated in this Agreement, is the entire agreement between You and Just Networking relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to that subject matter; provided that nothing in this Agreement will limit your obligations to Just Networking or any of its affiliates, or limit the rights of Just Networking or any of its affiliates, under any other agreement between Just Networking or any of its affiliates and (a) You or (b) any customer of Just Networking or any of its affiliates with which You are employed, affiliated or associated. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law and/ or not enforceable, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this Agreement, whether by operation of law or otherwise. Just Networking may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. Just Networking’s waiver of any breach under this Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by Just Networking in exercising any right under this Agreement will constitute a waiver of that right. Titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” Just Networking will not be responsible for any delay in fulfilling or failure to fulfill any obligation due to any cause beyond its control. Each affiliate of Just Networking is an express third-party beneficiary under this Agreement.