- Under this Software License Agreement (the “Agreement”), RobbJack Corporation (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use RobbJack Speed and Feed Software (the “Software”).
- “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
- Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
- This Agreement grants a user license to the Licensee. The Software may be accessed on any computer the Licensee uses.
- The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
- The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
- Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
- The software product under this License is provided free of charge. Even though a license fee is not paid for the use of such software, it does not mean that there are no conditions for using such software.
- The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.
Limitation of Liability
- The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
- The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
- The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
- The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
- All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on registration of the Software with the Vendor.
- The term of this Agreement will begin on Acceptance and is perpetual.
- This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
- The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
- Extensive research has gone into developing the speed and feed recommendations found in this program. This speed and feed program is designed specifically for use with RobbJack tools. Tools made by other manufacturers may not be able to run at the speeds and feeds recommended for RobbJack tools. The recommendations in this speed and feed program are a maximum limit and are based on ideal conditions. These speeds and feeds should be considered a starting point for machining. The user must take into consideration the rigidity and capability of the machine tool, part geometry, and fixturing to determine if the recommended speeds and feeds should be adjusted based on machining conditions. We have made efforts to ensure that the information in this program is clear and accurate and shall not be held responsible for any inadvertent errors in content or interpretation or application of the information. RobbJack makes no warranty, expressed or implied on the use of the information contained in this program; the user assumes all risk associated with its use.
- All calculations and data entered or stored using the RobbJack speeds and feed program remain the property of RobbJack and may be used for purposes of technical assistance and marketing efforts. Licensee will remain anonymous for marketing purposes unless express permission is sought and received.
- The Parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
- This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
- This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
- Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
- If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
- This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
- This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
All notices to the Vendor under this Agreement are to be provided at the following address: RobbJack Corporation 3300 Nicolaus Road, Lincoln, CA 95648