JLMSim: License Agreement
JACOBS LEVY EQUITY MANAGEMENT, INC.
JLM SIMULATOR SOFTWARE
LICENSE AGREEMENT
This License Agreement ("Agreement") is a legal contract between you (either an
individual or a single business entity) and Jacobs Levy Equity Management, Inc.
Registered users of the JLM Simulator Software (including its documentation, the
"Software") are permitted to use the Software subject to the conditions set
forth herein.
BY ACCEPTING ALL OF THE TERMS OF THIS LICENSE AGREEMENT, OR BY INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS
OF LIABILITY BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON
THE "NO" ICON BELOW AND DO NOT INSTALL OR USE THE SOFTWARE.
The Software is NOT in the public domain. Jacobs Levy owns all right, title and
interest to and in the Software and its source code in its entirety. This
Agreement does not convey to you an interest in or to the Software, but only a
limited right of use revocable in accordance with the terms of this Agreement.
You may use the Software only subject to the following conditions:
License:
You must be a registered user to use the Software. Registration may be made only
on the Jacobs Levy Equity Management, Inc. website, www.jlem.com.
You may not modify, decompile, reverse engineer, or disassemble the Software.
You may not redistribute the Software in any fashion.
You may not sell the Software or charge a distribution fee.
Your right to use the Software automatically terminates on your breach of the
Agreement. In the event that your right to use the Software terminates, you
agree to promptly destroy the program and documentation, together with all
copies thereof, in whole or in part, in any form, and to cease all use of the
program and documentation.
You understand that Jacobs Levy Equity Management, Inc. is under no obligation
to update the Software.
Disclaimer of Investment Advice:
YOU UNDERSTAND AND AGREE THAT JACOBS LEVY EQUITY MANAGEMENT, INC. IS NOT
PROVIDING ANY INVESTMENT ADVICE OR RECOMMENDATION IN CONNECTION WITH YOUR USE OF
THE SOFTWARE AND HAS NO RESPONSIBILITY FOR ANY DECISIONS YOU MAY MAKE BASED ON
YOUR USE OF THE SOFTWARE. THE USE OF THE SOFTWARE IS SOLELY YOUR RESPONSIBILITY.
Disclaimer of Warranty:
THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND. JACOBS LEVY EQUITY MANAGEMENT, INC. DOES NOT AND CANNOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETE, OR THAT
DEFECTS IN THE SOFTWARE OR DOCUMENTATION WILL BE CORRECTED. JACOBS LEVY EQUITY
MANAGEMENT, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS.
Limitation of Liability:
IN NO EVENT SHALL JACOBS LEVY EQUITY MANAGEMENT, INC. BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION: LOST REVENUE OR PROFITS OR ANY INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST
SAVINGS; OR OTHER LOSSES THAT RESULT FROM THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF A JACOBS LEVY EQUITY MANAGEMENT, INC. REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY CLAIM BY ANY THIRD PARTY.
General Terms:
This Agreement represents the complete agreement between you and Jacobs Levy
Equity Management, Inc. concerning the Software, supersedes any prior agreements
and understanding concerning its subject matter, and can only be modified by a
written agreement signed by you and Jacobs Levy Equity Management, Inc. Changes
from the terms and conditions of this Agreement made in any other manner will be
of no effect. If any portion of this Agreement shall be held invalid, illegal or
unenforceable, the validity, legality and enforceability of the remainder of the
Agreement shall not be in any way affected or impeded thereby.
Choice of Law and Forum, Waiver of Jury Trial:
This Agreement shall be governed by the laws of the State of New Jersey
applicable to contracts made or performed entirely within the state.
YOU AND JACOBS LEVY EQUITY MANAGEMENT, INC. AGREE THAT THE COURTS OF THE UNITED
STATES AND THE STATE OF NEW JERSEY SHALL BE THE EXCLUSIVE FORUMS FOR ANY ACTION
ARISING OUT OF THIS AGREEMENT, AGREE TO THE PERSONAL JURISDICTION OF THOSE
COURTS, AND WAIVE ALL OBJECTIONS TO LAYING VENUE THEREIN. YOU AND JACOBS LEVY
EQUITY MANAGEMENT, INC. WAIVE ANY RIGHT TO JURY TRIAL.