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 if an annual license will terminate 12 months from that date unless renewed If a project license, it will terminate at
the expiry of the project license unless further months are purchased. 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.