JotSmart^TM
License and Copyright

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This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DailyToast(tm) Inc. ("The Company"), for The Company software product(s) identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation and support/help information ("SOFTWARE PRODUCT" or "SOFTWARE").  By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. 

If you do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE
This EULA grants you the following rights:
Systems Software -  You may install and use one copy of the SOFTWARE PRODUCT on a single computer at a time and only by one user at a time.  Storage/Network Use -  You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.  A license for the SOFTWARE PRODUCT may not be used concurrently on different computers.

License Pack - If you have acquired this EULA in a The Company Multi-User License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA, and you may use each copy in the manner specified above.

2.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.

Separation of Components - The SOFTWARE PRODUCT is licensed as a single product.  Its component parts may not be separated for use on more than one computer.

Rental - You may not rent or lease the SOFTWARE PRODUCT, unless specifically licensed by The Company for such purpose under a separate written agreement.

Software Transfer - You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this EULA), and the recipient agrees to the terms of this EULA.  If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Termination - Without prejudice to any other rights, The Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA.  In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3.  UPGRADES
If the SOFTWARE PRODUCT is an upgrade from another product, whether from The Company or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product.  If the SOFTWARE PRODUCT is an upgrade of The Company product, you now may use that upgraded product only in accordance with this EULA.  If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4.  COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by The Company or its suppliers.  The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.  Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.  You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

5.  DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium.  Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer.  You may not use or install the other medium on another computer.  You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6.  U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

7.  MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of California.  If this product was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact The Company for any reason, please contact The Company subsidiary or agent serving your country, or write:

DailyToast, Inc.
11772 Sorrento Valley Rd.
Suite 152
San Diego, CA 92121 

8.  LIMITED WARRANTY
The Company warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.  Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.  To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

9.  CUSTOMER REMEDIES
The Company and its suppliers' entire liability and your exclusive remedy shall be, at The Company's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet The Company's Limited Warranty and which is returned to The Company with a copy of your receipt.  This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by The Company are available without proof of purchase from an authorized international source.

10.  NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, The Company and it's suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to the software product, and any accompanying hardware.  This limited warranty gives you specific legal rights.  You may have others, which vary from state/jurisdiction to state/jurisdiction.

11.  NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall The Company or it's suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even if The Company has been advised of the possibility of such damages.

Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
 

Distribution License Agreement

This software may be distributed in it's free 45-day trialware version only by an agent, customer or distributor (e.g. shareware software distribution website) of The Company with Internet or Intranet based online services, electronic bulletin boards or other electronic distribution media provided:  

1. The Software is distributed in it's entirety,unmodified and at no cost to the customer.
2. Agents, End Users or distributors of The Company's Software are expressly forbidden to conduct or complete all or parts of the following tasks without the express written consent of The Company.
3. Distributed the Software on CD-ROM, disk, or other physical media with our without a fee.
4. Alter this software in any way, including but not limited to changing, modifying or removing any messages or windows.
5. Decompile, reverse engineer, disassemble or otherwise reduce this software to a human perceivable form.
6. Modify, rent or resell for profit this software, or create derivative works based upon this software.
7. Publicize or distribute any registration code algorithms, information, or registration codes used by this software.

The Company expressly does not grant any distribution rights with this trialware free-version distribution license agreement to end users, customers, agents, distributors or other company representativesd for paid or site licensed versions of the Company Software.