Joy is copyright AAA+ Software, 1997-99. All rights reserved.

There are two types of licenses; you are granted a "Free Evaluation License". This license enables you to inspect and evaluate the full functionality of the software. To make a purchase of a full license, contact AAA+ Software.

Running the software is acceptance of the license agreement. If you do not accept the agreement, do not run the software.





AAA+ Software License Agreement

IMPORTANT--Read this carefully. By using the accompanying Software and Documentation in any way, you indicate your acceptance of the AAA+ Software License Agreement.

This is a legal agreement between you, the end user, and AAA+ Software Forschungs- und Entwicklungs-GmbH, Vienna, Austria (AAA+). AAA+ is willing to license the software to you only on the condition that you accept all the terms contained in this agreement. By installing or using the Software in any way, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may not install or use the Software.

Certain portions of the code are subject to other licenses. Click here for details of the other licenses.

This Agreement has 3 parts. Part I applies if you have a free of charge evaluation license to the Software. Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software free of charge and you wish to purchase a license, contact AAA+ Software ("AAA+") on the Internet at http://www.aaa-plus.com.

Part I - Free Evaluation License:

LICENSE GRANT. AAA+ grants you a non-exclusive license to use the Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software only. Although no strict limit is imposed such evaluation should not take longer than two weeks under normal circumstances and use. As long as you fulfill the requirements above, you may use the Software in the manner described in Part III below under "Scope of Grant." If you continue using the software after careful evaluation, license fees are required.

DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not AAA+ or its suppliers assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software without payment of license fees to AAA+ is authorized hereunder except under this Disclaimer.

Part II - Terms applicable when license fees have been paid:

LICENSE GRANT. Subject to payment of applicable license fees, AAA+ grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." Unless you have entered a specific agreement to the contrary with AAA+, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software.

LIMITED WARRANTY. AAA+ warrants that for a period of sixty (60) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. AAA+ does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. AAA+ also warrants that the media containing the Software, if provided by AAA+, is free from defects in material and workmanship and will so remain for sixty (60) days from the date you acquired the Software.

Only if you inform AAA+ of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will AAA+ be obligated to honor this warranty.

This limited warranty is void (i) if you modify the Software; (ii) if the media is subjected to accident, abuse, or improper use; or (iii) if you violate any of the terms of this Agreement. Moreover, this warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY AAA+ OR ITS SUPPLIERS. AAA+ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF AAA+ IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.

CUSTOMER REMEDIES. AAA+'s sole liability for any breach of the limited warranty and your exclusive remedy shall be, in the sole discretion of AAA+ to: (i) replace your defective media or Software; or (ii) advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after (a) the date of delivery to you of the repaired or replaced Software, or (b) the date of AAA+ advising you on how to operate the Software so as to achieve substantially the same functionality as described in the Documentation.

Part III - Terms applicable to all types of licenses:

SCOPE OF LICENSE GRANT. If a license has been granted to you for use on a specific computer, you may use the software only on this specific computer. Otherwise you may use the software within the specific limitations of the license you acquired. You may install the software physically on a network file server or on a single computer. Such installation of the software is not considered a use of the software under this clause.

If a license has been granted to you for use on a specific computer and you want to transfer it to another computer, you may request a new license for this other computer from AAA+ free of charge. As soon as AAA+ responds to your request by granting you a new license for this other specific computer, the original license immediately terminates.

You may make copies of the Software for archival purposes only, provided each copy contains all of the proprietary notices of the original Software.

You may not (i) permit other individuals to use the Software except under the terms listed above, (ii) permit concurrent use of the Software on a specific computer by multiple persons, (iii) modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software; (iv) copy the Software other than as specified above; (v) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; (vi) remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain with AAA+ and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties.

TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AAA+ OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, WORK STOPPAGE, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) IN NO EVENT WILL AAA+ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AAA+ RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF AAA+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, AAA+ and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a written agreement executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR CONSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.