ImagePRINT
License
Agreement
ELECTRONIC
END USER LICENSE AGREEMENT
For
One (1) Computer/Server
This is an End User License
Agreement. This is a contract. If you install this software, you must abide by
the terms of this agreement. This license is applicable to all software
products sold by ImagePRINT. The term software includes upgrades, modified
versions or updates. This software is licensed and not sold. Only a personal,
non-transferable and nonexclusive right to use the ImagePRINT products is
granted to the end user.
The following are definitions that
should be noted by the user:
a. SERVER
This is a single computer owned,
rented or leased by a single individual or entity on which one or more
applications load and execute software in the memory space of that computer.
Software is installed on a server for one or more users. All servers must be
licensed to utilize ImagePRINT software.
a. VIRTUAL SERVER
This is a single computer that is
owned, rented or leased by an individual or entity who turns around and rents
or leases access to others. The virtual server may have one or more
applications on it for the end users to use. The purpose of the virtual server
is to give multiple users access to many software programs. This is very common
in ISP or ASP environments.
c. DEVELOPMENT
This means that you are programming
a specific application or tool that will interact with the software that you
are licensing from ImagePRINT.
THIS IS A CONTRACT BETWEEN YOU AND
IMAGEPRINT. YOU SHOULD CAREFULLY READ THIS LICENSING AGREEMENT AND MUST ACCEPT
ALL THE TERMS AND CONDITIONS BEFORE INSTALLING THIS IMAGEPRINT SOFTWARE. BY
INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO
NOT INSTALL THE SOFTWARE, AND DO NOT USE THE SOFTWARE.
IF YOU VIOLATE THIS AGREEMENT, YOU
WILL BE SUBJECT TO LEGAL ACTION BY IMAGEPRINT.
Subject to the payment of applicable
license fees, ImagePRINT grants you a nonexclusive right to use its
accompanying ImagePRINT software product and related documents (the Software)
in the terms and conditions provided as follows:
LICENSE
Until such time as ImagePRINT has
issued a valid serial number to you, you may only use this software for a
30-day trial period. You agree to remove any copies of the software after the
expiration of the trial period. No license is issued to you until you are
issued a valid serial number.
You cannot use a license for the
software concurrently on different computers. You may install and use the
Software in a single location on a hard disk or other storage device of one
computer only.
(a) Home Use:
The primary user of each computer on
which the Software is installed or used may also install the Software on one
home or portable computer. However another person may not use the Software on a
secondary computer at the same time the Software on the primary computer is
being used.
(b) Server or Network Use:
You may keep one copy of the
Software on a single file server only for the purposes of downloading and
installing the Software onto a hard disk of up to the Permitted Number of
Computers that are on the same network as the file server. No other network use
is permitted.
(c) Operating system or Language
versions:
If you receive two or more copies of
the Software with different operating systems or language versions, the total
aggregate number of computers on which all versions of the Software are used
may not exceed the Permitted Number of Computers. You may not rent, lease,
sublicense, lend or transfer versions or copies of the Software you do not use,
or Software contained on any unused media.
(d) Archiving:
You may make one copy of the
Software solely for archival purposes. If the Software is an upgrade, you may
use the Software only in conjunction with upgraded product. If you receive your
first copy of the Software electronically, and a second copy on media
afterward, the second copy can be used for archival purposes only. For all
ImagePRINT products, you agree that you will only use our software on a server
and all applications that will access the server will reside on the server and
you will not permit remote access to the software except through your
application residing on the server. You agree to surrender your license(s) if
you violate this agreement. If you violate this agreement, you will not receive
a refund upon termination of this license. You agree not to utilize our
software to violate the copyright of any third parties. If you do violate the
copyright of a third party utilizing our software, you agree to hold ImagePRINT
harmless and will indemnify ImagePRINT for any such activity even if the
violation is unintentional.
COPYRIGHT
The Software is owned by ImagePRINT,
and is protected by the copyright and trademark laws of the United States and
related applicable laws. You may not copy the Software except as set forth in
the "License" section. Any copies that you are permitted to make
pursuant to this Agreement must contain the same copyright and other
proprietary notices that appear on or in the Software. You may not rent, lease,
sub-license, transfer, or sell the Software. You may not modify, translate,
reverse engineer, decompile, disassemble, or create derivative works based on
the Software, except to the extent applicable law expressly prohibits such
foregoing restriction. You may use the trademarks to identify the Software
owner's name, or to identify printed output produced by the Software. Such use
of any trademark does not give you any rights of ownership in that trademark.
NO WARRANTY, LICENSED SOFTWARE -
"AS IS"
The
Software is provided AS
IS. IMAGEPRINT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
MERCHANTABILITY, QUALITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A
PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY, RESULTS
BY USING THE SOFTWARE, AND PERFORMANCE OF THE SOFTWARE IS WITH THE END USER.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to your or your company.
LIMITATION OF REMEDIES AND LIABILITY
IMAGEPRINT SHALL NOT UNDER ANY
CIRCUMSTANCE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, OR
FOR ANY CLAIM BY A THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF IMAGEPRINT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
GENERAL
This Agreement shall be construed,
interpreted, and governed by the laws of the Province of British Columbia, excluding
the application of its conflicts of law rules. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the rest of
the Agreement, which shall remain valid and enforceable according to its terms.
If you need to redistribute this product with your own software products, you
need to contact ImagePRINT and negotiate a separate licensing and royalty
agreement. You may not ship, transfer, or export the Software into any country
or used in any manner prohibited by any export laws, restrictions or
regulations.
UPGRADES
You must be properly licensed to
install upgrades to ImagePRINT Software products. ImagePRINT upgrades replace
and or supplement the previous product that formed the basis for your
eligibility to for the upgrade. You may use the upgrade only in accordance with
the terms of this Agreement. Upgrades may not be separated and used on separate
computers.
ENTIRE AGREEMENT
You acknowledge that you have read
this Agreement, understand it and agree to be bounded by its terms and
conditions. It is the complete and exclusive statement of the Agreement between
us, which supersedes any proposal or prior agreement, oral or written, and
other communication between us relating to the subject matter of this Agreement.
ImagePRINT
|