This Jive View license agreement is between Jive Communications, Inc. (“Jive”) and the user of the Jive View software (the “Company”) and governs the Company’s use of the Jive View software (the “Software”).
1. Term. This agreement will become effective when the Company’s representative selects the “I accept the agreement” option and proceeds to install the Software.
2. Grant of License.
3. Software Operation.
4. Termination. Either party may terminate this agreement at any time by delivering notice of the termination to the other party. Upon termination, the Company shall cease to use the Software and destroy or return to Jive all copies of the Software. Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive termination of this Agreement.
5. Use Restrictions. The Company shall not, and shall not allow any third party to,
6. Third-party Software. The Software uses Qt Development Frameworks, a third-party software library owned by The Qt Company, which the Software uses via dynamic linking under an open source GNU LGPL v2.1 license. That license, not this agreement, governs the use, reproduction, and distribution of Qt Development Frameworks. The Company may copy, modify, and distribute Qt Development Frameworks. The Company may obtain a complete machine-readable copy of the source code for Qt Development Frameworks without charge (except for the cost of media, shipping, and handling) upon written request to Jive. The Company may obtain a complete human-readable copy of the source code at https://static.jive.com/jtmupdates/installers/qt-everywhere-opensource-src-5.9.3.tar.xz.
7. No Warranty. Jive provides the Software “as is” and HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, and all other express or implied warranties.
8. Limit of Liability. Jive and its licensors WILL NOT BE LIABLE FOR lost profits, lost revenue, losses from business disruption, compliance failures, or damage to systems or data (including the cost of recovering such systems or data) or ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, whether in an action based on contract, tort, or other theory of liability, EVEN IF JIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limit of liability applies even if a remedy fails of its essential purpose. The Company acknowledges that the pricing of the Software depends on this limit of liability.
9. Indemnification. The Company shall defend, indemnify, and hold Jive and its officers, directors, employees, agents, licensors, successors, and assigns harmless from any claim of damages or losses asserted by any third party that arises from any modification or misuse of the Software by the Company. Jive will notify the Company of any claim made under this agreement and will provide the Company with reasonable assistance, at the Company’s expense, to perform its obligations.
10. Governing Law; Arbitration. This agreement is governed by the laws of the State of Utah without regard to its conflict of law provisions. If the parties are unable to resolve any dispute arising from this agreement by direct negotiation, they shall resolve the dispute through binding arbitration in Salt Lake City, Utah before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules. The parties hereby waive any right to a jury trial in connection with any claim arising from this agreement. For any litigation validly instituted in connection with this agreement, the parties hereby consent to the exclusive personal jurisdiction of the courts in Utah and waive any objection as to venue or inconvenient forum.
11. Entire Agreement; Modification. This agreement constitutes the entire agreement between Jive and the Company regarding its subject matter and supersedes any previous agreement regarding the subject matter. Jive may modify this agreement by posting revised terms online at jive.com/legal/jiveview-eula/ without additional notice to the Company.
12. Assignment. Jive may assign its rights and obligations under this agreement to any successor of substantially all of its assets. Otherwise, neither party may assign its rights or obligations under this agreement without the written consent of the other party.
13. Waiver of Rights. Failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.
14. Severability. If any part of this Agreement is found by a court to be unenforceable, that part will be modified to the minimum extent necessary to make it enforceable or, if judicial modification is not allowed, that part may be removed. Whether the unenforceable part is modified or removed, the remaining parts will continue in force.
15. Appropriate Use. The Company may not access, download, use, or export the Software in violation of any applicable laws or regulations. If the Company wants to use the Software from outside the United States, it must determine whether doing so is legal.
16. Force Majeure. Jive is not responsible for any delay or failure in performing its obligations under this Agreement if such delay or failure resulted from any event or circumstance not caused by Jive, regardless of whether it was forseeable.