This agreement is between Jazz Software Ltd, of Auckland, New Zealand, and the Customer, having paid a licence fee to use the software.
It is agreed that: -
1. MANASYS Jazz (Jazz) is a software product developed by Jazz Software Ltd (JSL). All copyrights and other intellectual property rights are and remain the exclusive property of JSL. Jazz uses software from Microsoft, IBM, Limilabs and others within the terms of their licences, and does not knowingly infringe the intellectual property rights of any third party.
2. During the term of this agreement the Customer may use Jazz to develop their own programs: these programs remain the exclusive property of the Customer or their client. Should this agreement be terminated, while the Customer will lose the right to continue using MANASYS Jazz, programs previously developed with Jazz will remain functional and can be used and distributed without restriction. They may be modified using COBOL and other non-Jazz software.
3. Confidentiality. Both parties will respect the trade secrets and business information of the other, and keep such information confidential.
4. Term: This agreement will commence on the date that the agreed licence fee has been paid by the customer and will terminate 12 months from that date unless renewed. By purchasing a licence to use this software the customer is agreeing to the terms listed in this document.
5. For the duration of this agreement JSL will allow licensed Jazz users to download and run the current released version of MANASYS Jazz within the agreed terms.
6. Support. JSL will provide on-line support via its web site and email. JSL will use its best endeavours to resolve issues, either by suggesting alternative code that avoids the problem, or correcting the software or documentation in a future release.
7. Limitation of liability. JSL accepts no liability for consequential damages, and its maximum liability in the event of a serious issue with MANASYS Jazz that prevents it from operating is limited to the net payments received for the remaining licence period.
8. Disputes. Both parties to this agreement will attempt to resolve any disagreements amicability, avoiding legal involvements. If this can’t be done, then any dispute resolution will be subject to the laws and jurisdiction of New Zealand.
9. The current version of this agreement can be found by visiting the JAZZ Software web site at www.jazzsoftware.co.nz and is located under the “About” tab.