JCM END USER LICENSE AGREEMENT

(Electronic Acceptance)

Thank you for choosing JCM American Corporation’s (JCM) software. This is a license Agreement between you and JCM American Corporation (or, based on where you live, one of its affiliates) that describes your rights to use the JCM licensed software.

RETAIL LICENSE TERMS

For your convenience we have organized this agreement into two parts. The first part includes Introductory Terms. The Additional Terms and Limited Warranty follow and contain greater detail. You should review the agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you. THE ADDITIONAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH JCM, AND YOU SHOULD READ THEM CAREFULLY.

BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES. Instead, you should return it to JCM for a refund or credit.

INTRODUCTORY TERMS

1) How can I use the software?
JCM does not sell our software or your copy of it – we only license it. Under our license we grant you the right to install and run that one (1) copy on one (1) computer (the licensed computer) for use by your corporation; but only if you comply with all terms of this agreement. JCM’s software license is permanently assigned to the licensed computer. Please refer to the Additional Terms for licenses and conditions that are specific to certain countries, Limited Rights Versions and Special Editions of the software. The software may include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at a time. Except for the permitted use described under “Remote Access” below, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. The software is not licensed for commercial hosting. For more information on multiple user scenarios and virtualization, see the Additional Terms.
2) How can I obtain a backup copy?
A backup license may be obtained at the time of initial installation for the possible event of a major system failure; however, this backup copy of the license may only be used in the event of a major system failure. The expiration date of the license will remain the same as the original license.
3) Can I transfer the software to another computer or user?
You may not transfer the software to another computer except in the event of a major system failure. In the event of a major system failure, you may transfer the software and license to another computer. In order to transfer software and license to another computer; a new activation key may be required. You can request a new activation key from JCM at the time of transfer; however, the expiration date of the software license remains the same as the original license. You may not retain any copies of the software, distribute or transfer the software to a third party.
4) How does Internet activation work?
Activation links the software with a specific computer or device. During activation, the software will automatically contact JCM or its affiliate to confirm the license is associated with the licensed computer. This process is called “activation.” Because activation is meant to identify unauthorized changes to the licenses or activation functions of the software, and to otherwise prevent unlicensed use of the software, you have no right to use the software after the time permitted for activation and you may not bypass or circumvent activation. If you have not entered a product key during the time permitted for activation, most features of the software will stop running.
5) Does the software collect my personal information?
If you connect your computer to the Internet, some features of the software may connect to JCM or service provider computer systems, to send or received information. You may not always receive a separate notice when they connect. If you choose to use any of these features, you agree to send or receive this information when using that feature. Many of these features can be switched off or you can choose not to use them.
6) How does JCM use your information?
JCM uses the information it collects through the software features to update or fix the software and otherwise improves our products and services. In certain circumstances, we also share it with others. For example, we share error reports with relevant hardware and software vendors, so that they can use the information to improve how their products run with JCM’s products. You agree that we may use and disclose the information as described in our Privacy Statement.
7) What does this Agreement apply to?
This agreement applies to the software, the media on which you received the software, and also any JCM updates, supplements, and services for the software, unless other terms come with them.
8) Are there things I am not allowed to do with the software?
Yes. Because the software is licensed, not sold, JCM reserves all rights (such as the rights under the Intellectual Property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or dissemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what the law allows. When using Internet based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
9) What about upgrading or converting the software?
If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. You do not retain any rights to the original software after you have upgrades and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded or converted.

ADDITIONAL TERMS

1) LICENSE RIGHTS AND MULTI-USER SCENARIOS
a. Computer. In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition, server or blade is considered to be a computer.
b. Use in a virtual environment. If you use virtualization software, including client hyper-v, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for the purposes of this agreement. This license allows you to install only one (1) copy of the software for use on one (1) computer, whether that computer is physical or virtual. If you want to use the software on more than one (1) computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
2) LICENSE RIGHTS AND MULTI-USER SCENARIOS
a. Application. This Section applies to any dispute EXCEPT IT DOES NOT INLCUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, JCM’S, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and JCM concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under the law.
b. Notice of Dispute. In the event of a dispute, you or JCM must give the other a Notice of Dispute which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute and the relief requested. You must send any Notice of Dispute by U.S. Mail to JCM American Corporation, ATTN: Legal/Compliance Department, 925 Pilot Road, Las Vegas, NV 89119. JCM will send any Notice of Dispute to you by U.S. Mail to your address, if we have it, or otherwise to your email address. You and JCM will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or JCM may commence arbitration.
c. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or Clark County, NV, if the dispute meets all requirements to be heard in the small claims court whether or not you negotiated informally first.
d. BINDING ARBITRATION. IF YOU AND JCM DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN A CLASS ACTION SUIT AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
e. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR JCM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARTIBTRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
f. Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and in many cases its’ Supplementary Procedures for Consumer-Related Disputes. For more information, see adr.org or call 1-800-778-7879. In a dispute involving $75,000.00 or less, JCM will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees. You and JCM agree to the terms governing procedures, fees and incentives at this page. To commence arbitration, submit this form to the AAA. You agree to commence arbitration only in your county of residence or in Clark County, NV. JCM agrees to commence arbitration only in your county of residence.
g. Claims or Disputes Must be Filed Within One (1) Calendar Year. To the extent permitted by law, any claim or dispute under this agreement to which Section 2 applies must be filed within one (1) calendar year in small claims court (Section 2.c) or in arbitration (Section 2.d). The one (1) year period begins when the claim of dispute first could be filed. If such a claim or dispute is not filed within one (1) calendar year, it is permanently barred from then being filed.
h. Severability. If the class action waiver in Section 2.e is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 2.d (Arbitration) will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 2 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 2 in full force and effect.
3) CHOICE OF LAW
The laws of the state or country where you live govern all claims and disputes under this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort. If you acquired the software in any other country, the laws of that country apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those rights if the laws of your state or country do not permit it to do so.
4) ACTIVATION
a. More on How Activation Works. During activation, the software will send information about the software and your computer to JCM. This information includes the version, license, language and product key of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. If the licensed computer is connected to the Internet, the software will automatically connect to JCM for activation. You can also activate the software manually by Internet or telephone. In either case some Internet and telephone service charges may be applied by your service provider.
b. Re-activation. Some changes to your computer components or the software may require re-activation of the software.
c. Activation Failure. During on-line activation, if the licensing or activation functions of the software are found to be counterfeit or improperly licensed, activation will fail. The software will notify you if the installed copy of the software is improperly licensed. In addition, you will receive reminders to obtain a properly licensed copy of the software.
d. Updates and Upgrades. You may only obtain updates and upgrades for the software from JCM or authorized sources. Certain upgrades, support, and other services may be offered only to users of genuine JCM software. To identify genuine JCM software, contact your JCM Sales/Service representative.
5) INTERNET-BASED FEATURES PRIVACY
The following software features use Internet protocols, which send JCM (or its suppliers or service providers) computer information, such as your internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. JCM uses this information to make the Internet-based feature available to you in accordance with the 2013 JCM Privacy Statement linked at the end of this agreement. Some Internet-based features may be delivered at a later date via JCM’s Update services.
a. Consent for Internet-Based Services. The software features described below and in the 2013 JCM Privacy Statement linked at the end of this agreement connect to the JCM or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features. See the 2013 JCM Privacy Statement. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. JCM does not use the information to identify or contact you.
b. On-line Features and Content. Features in the software can retrieve on-line content from JCM and provide it to you. Certain features may also permit you to search for and access information online. Examples of these features may include on-line training and/or online assistance and help. This information is used to provide you with content you request and to improve your services. You may choose not to use these online features and content. See the 2013 JCM Privacy Statement.
c. Cookies. If you choose to use the online features in the software, such as online assistance and help, cookies may be set. To learn how to block, control and delete cookies, please read the Cookies Section in the 2013 JCM Privacy Statement.
d. Digital Certificates. This software may use digital certificates. These digital certificates confirm the identity of the Internet users sending standard encrypted information. They can also be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet when available.
e. Automatic Updates. Software with Click-to-Run technology may periodically check with JCM for updates and supplements to the software. If found, these updates and supplements might be automatically downloaded and installed on your licensed computer.
f. Use of Information. JCM may use the computer information, error reports, and malware reports to improve our software and services. JCM may also share it with others, such as hardware and software vendors. They may use this information to see how their products run with JCM Software.
g. Misuse of Internet Based Services. You may not use these services in any way that could harm or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
h. Information Rights Management. The software may contain a feature that allows you to create content that cannot be printed, copied or sent to others without your permission. You may need to connect to JCM to use this feature for the first time, and you may need to re-connect to JCM periodically to update this feature. You may choose not to use this feature.
6) PROOF OF LICENSE
a. Genuine proof of license. If you acquired the software in a physical package, your proof of license is the genuine JCM Certificate of Authenticity (COA) label with the accompanying genuine product key, and your proof of purchase. If you acquired and downloaded the software online, your proof of license is the genuine JCM product key for the software that you received with your purchase, and your proof of purchase from an authorized JCM Distributor of genuine JCM software. Proof of purchase may be subject to verification by your merchant’s records.
b. Upgrade or Conversion License. If you upgrade or convert the software, your proof of license is the following:
i. The genuine proof of license for the earlier version of the software you upgraded or converted from; and
ii. The genuine proof of license for the later version of the software you upgraded or converted to.
For verification of JCM software, contact JCM at +1-702-651-0000.
7) ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
a. Third Party Programs. The software may include third party programs that JCM, not the third party, license to you under this agreement. Notices, if any, for the third party program are included for your information only.
b. Font Components. While the software is running, you may use its fonts to display and print content. You may temporarily download the fonts to a printer or other output device to print content, and you may embed fonts only as permitted by the embedding restrictions in the fonts.
c. Media Elements. JCM grants you a license to copy, distribute, perform and display media elements (i.e. images and other forms of content) included with the software in projects and documents, except that you may NOT:
i. Sell, license or distribute copies of any media elements by themselves or as a product of the primary value if the primary value of the product is the media element; or
ii. Grant your customers rights to further license or distribute the media elements; or
iii. License or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or
iv. Create obscene or scandalous works using the media elements. All other media elements, which are accessible on the JCM website or on other websites through features of the software, are governed by the terms on those websites.
d. Language Packs and Proofing Tools. If you acquire a language pack, language interface pack or proofing tool that offers additional language version support for the software, you may use the additional languages in that pack or tool. The language packs, language interface packs and proofing tools are a part of the software and may not be used separately.
e. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to the trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. TRIAL SOFTWARE IS LICENSED “AS-IS”, AND YOU BEAR THE RISK OF USING IT. JCM GIVES NO WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, JCM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
f. Subscription Hardware. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription period. See the software activation screens or other accompanying materials for subscription, most features of the software will stop running.
8) GEOGRAPHIC AND EXPORT RESTRICTIONS
If there is a geographic region indicated on your software packaging, you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
9) SUPPORT AND REFUND PROCEDURES
JCM provides limited support services for properly licensed software as described in this Agreement.
If you are seeking a refund, and you cannot obtain one where you acquired the software, contact JCM for information about JCM’s refund policies.
10) ENTIRE AGREEMENT
This agreement (together with all terms accompanying any software supplements, updates, and services that are provided by JCM and that you use), and the terms contained in web links listed in this agreement are the entire agreement for the software and any such supplements, updates, and services (unless JCM provides other terms with such supplements, updates, or services). You can also review the terms at any of the links in this agreement by typing the URLs into your browser address bar, and you agree to do so. You agree that for each service that is governed by this agreement and also specific terms linked in this agreement; you will read the terms for that service before using the service. You understand that by using the service, you accept the agreement and the linked terms. There are also informational links in this agreement. The links containing terms that bind you and JCM are:
(i) 2013 JCM Privacy Statement
(ii) Arbitration Procedure

RETAIL LIMITED WARRANTY

1) Does JCM provide a LIMITED WARRANTY for the software?
Yes. Other than for trial software, which is licensed “as-is” and without express warranties, guarantees and conditions.
JCM warrants that properly licensed software will perform substantially as described in any JCM materials that accompany the software. The limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond JCM’s reasonable control. The limited warranty starts when the first user of your copy of the software acquires that copy, and lasts for the duration of the license term as long as the license is renewed by each anniversary date. Any supplements, updates, or replacement software that you may receive from JCM during that term are also covered, but only for the remainder of that term or for thirty (30) days, whichever is longer.
Transferring the software will not extend the terms of the limited warranty. JCM gives no other express warranties, guarantees, or conditions. JCM EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW JCM’S EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOU’RE LOCAL LAW ALLOWS. IF YOU’RE LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT.
For Australia only: JCM’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2) What if JCM breaches its warranty?
If JCM breaches its limited warranty, your only remedy is the repair or replacement of the software. JCM also has the option to refund you the price you paid for the software instead of repairing it. Prior to the refund, you must un-install the software and return it to JCM with proof of purchase.
3) What if JCM breaches any part of this agreement?
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM JCM, YOU CAN RECOVER ONLY THE DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE SOFTWARE. YOU MAY NOT RECOVER ANY OTHER DAMAGE, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if JCM knew or should have known about the possibility of the damages. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM JCM EVEN THOUGH WE DO NOT YOU CANNOT RECOVER MORE THAN YOU PAID FOR THE SOFTWARE.

WARRANTY PROCEDURES

You need proof of purchase for service under the limited warranty.
1) United States and Canada. For limited warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact JCM American Corporation via telephone at +1-702-651-0000, via email at support@jcmglobal.com or via mail at JCM American Corporation, 925 Pilot Road, Las Vegas, NV 89119.
2) Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East, or Africa, JCM American Corporation makes the limited warranty. To make a claim under the limited warranty, you must contact JCM via telephone at +49-211-530-645-60, via email at support@jcmglobal.eu or via mail at JCM American Corporation, 925 Pilot Road, Las Vegas, NV 89119.
3) Australia. If you acquired the software in Australia, contact JCM American Corporation makes the limited warranty. To make a claim under the limited warranty, you must contact JCM via telephone at +1-702-651-0000, via email at support@jcmglobal.com or via mail at JCM American Corporation, 925 Pilot Road, Las Vegas, NV 89119.
4) Other Countries. If you acquired the software in any other Country which is not listed above, contact JCM American Corporation makes the limited warranty. To make a claim under the limited warranty, you must contact JCM via telephone at +1-702-651-0000, via email at support@jcmglobal.com or via mail at JCM American Corporation, 925 Pilot Road, Las Vegas, NV 89119.