» version 2.0 - posted on 2004-11-03
InkSaver Copyright (C) 2004
Software Imaging Ltd All Rights Reserved
End User License Agreement
SOFTWARE IMAGING LIMITED («SOFTWARE IMAGING») OWNS OR IS OTHERWISE ENTITLED TO GRANT LICENSES IN RESPECT OF THIS SOFTWARE («SOFTWARE»). YOU, THE END USER, MAY NOT LOAD THE SOFTWARE INTO ANY COMPUTER, USE THE SOFTWARE IN ANY WAY OR COPY IT WITHOUT THE LICENSE AND AUTHORITY OF SOFTWARE IMAGING. SOFTWARE IMAGING OFFERS YOU A PERSONAL, LIMITED, NON-EXCLUSIVE LICENSE ON THE TERMS AND CONDITIONS OF THIS AGREEMENT («AGREEMENT»). THIS AGREEMENT CONTAINS TERMS AND CONDITIONS THAT LIMIT THE WARRANTIES AND REMEDIES PROVIDED BY, AND EXCLUDE THE LIABILITY OF, SOFTWARE IMAGING AND/OR ITS SUPPLIERS IN RESPECT OF THE SOFTWARE.
IF YOU WISH TO USE THE SOFTWARE, YOU MUST UNCONDITIONALLY AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT BY CLICKING ON THE «I ACCEPT» BUTTON BELOW BEFORE INSTALLING THE SOFTWARE. YOU WILL ALSO BE DEEMED TO HAVE UNCONDITIONALLY ACCEPTED THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IF YOU: (1) INSTALL THE SOFTWARE; OR (2) DO NOT RETURN THE SOFTWARE IN ITS ORIGINAL PACKAGING AND WITH ANY ASSOCIATED HARDWARE IN ACCORDANCE WITH THE FOLLOWING PARAGRAPH.
IF YOU DO NOT UNCONDITIONALLY AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE, AND MUST WITHIN 30 DAYS OF THE DATE OF PURCHASE RETURN THE SOFTWARE IN ITS ORIGINAL PACKAGING AND WITH ANY ASSOCIATED HARDWARE UNUSED AND INTACT TO THE PLACE WHERE YOU OBTAINED THEM, UPON WHICH YOU WILL BE ENTITLED TO A FULL REFUND.
Grant of License
SOFTWARE IMAGING licenses the SOFTWARE for both home and business use.
The SOFTWARE is licensed, not sold, to you.
If you acquired the SOFTWARE for home use, SOFTWARE IMAGING grants you a personal, limited, non-exclusive and revocable license to install and use the SOFTWARE only for the use for which it is intended and not further or otherwise and subject to and on the terms and conditions contained in this Agreement. The SOFTWARE may only be installed and used on a single computer that is under your control.
If you acquired the SOFTWARE for business use, SOFTWARE IMAGING grants you a personal, limited, non-exclusive and revocable license, subject to and on the terms and conditions contained in this Agreement, to: (i) install the SOFTWARE on the single computer under your direct control; (ii) use the SOFTWARE in conjunction with the printer devices ordinarily used by you only; (iii) use the SOFTWARE in relation to your internal business operations only; and (iv) use the SOFTWARE only for the use for which it is intended and not further or otherwise.
The Software may include embedded run-time versions of certain third party software («Embedded Software»). You may use Embedded Software only with the Software and for no other purpose. All references in this Agreement to the SOFTWARE include any Embedded Software included in the SOFTWARE.
Ownership of SOFTWARE
You own only the magnetic or other media on which the SOFTWARE has been delivered. It is an express condition of this Agreement that SOFTWARE IMAGING and/or its suppliers will at all times exclusively own and retain all right, title and interest in and to the SOFTWARE recorded on the media on which it has been supplied together with all subsequent copies of the SOFTWARE. This Agreement does not confer upon you any right, title or interest in or to the SOFTWARE, including without limitation any intellectual property rights in the SOFTWARE.
Restriction on Use
You are not permitted to distribute, rent, lease, lend or sub-license the SOFTWARE to a third party.
You may transfer the SOFTWARE to another individual on the strict condition that you assign all of your rights and obligations under this Agreement to that individual, you erase all copies of the SOFTWARE under your control and stored on any medium (including the hard disc copy and any back up copy), and the other individual agrees, prior to the transfer, to be bound by and to observe and perform in all respects the terms and conditions of this Agreement.
Reservation of Rights
SOFTWARE IMAGING and its suppliers reserve all rights not expressly granted to you in this Agreement.
This Agreement and the license of the SOFTWARE created by this Agreement are effective until terminated.
This Agreement and the license of the SOFTWARE created by this Agreement:
(a) will terminate automatically and without notice should you fail to comply with the terms of this Agreement; or
(b) will terminate automatically should you destroy the SOFTWARE and all copies of the SOFTWARE (including the hard disc copy and any back up copy) and its documentation in your possession; or
(c) may be terminated at any time by SOFTWARE IMAGING for no cause stated upon SOFTWARE IMAGING giving thirty (30) days notice of termination to you.
In addition, if the SOFTWARE is licensed for trial or evaluation purposes: (a) this Agreement and the license of the SOFTWARE created by this Agreement will terminate automatically and without any notice upon the expiry of the trial period; and (b) the SOFTWARE may contain controls that automatically prohibit use of the SOFTWARE after the expiration of the trial period. The duration of the trial period will be indicated when the software is installed on your computer, and can be found by following the Help - About menu.
Upon termination, you agree to destroy the SOFTWARE and all copies of the SOFTWARE (including the hard disc copy and any back up copy) and its documentation in your possession.
The provisions of this Agreement entitled “Ownership of SOFTWARE”, “Warranties and Remedies”, “Liability for Infringement, “Limitation of Liability” and “Law” survive the termination of this Agreement.
The SOFTWARE and its documentation are the subject of Copyright. The SOFTWARE is licensed to you on the strict understanding that you:
a. may not make any copies of the SOFTWARE except for one copy for operational security provided such copy includes all copyright information contained on the original and, you acknowledge and agree that any such copy is subject to and will be used in accordance with the terms and conditions of this Agreement;
b. may not nor cause or permit or allow others to modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the SOFTWARE or its associated documentation; and
c. are legally responsible for any copyright infringement, unauthorized transfer, reproduction or use of the
SOFTWARE or its documentation or the breach of this Agreement.
SOFTWARE DOCUMENTATION MAY NOT BE COPIED FOR ANY PURPOSE WITHOUT SOFTWARE IMAGING'S CONSENT.
Warranties and Remedies
The SOFTWARE is supplied by SOFTWARE IMAGING and its suppliers AS IS AND WITH ALL FAULTS and without representation, warranty or condition of any kind.
You shall load and/or use the SOFTWARE entirely at your own risk.
SOFTWARE IMAGING and its suppliers do not represent, warrant or make any condition that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free or that defects in the SOFTWARE will be corrected. SOFTWARE IMAGING and its suppliers do not and cannot represent, warrant or make any condition as to the performance of or the results that you may obtain from the SOFTWARE.
THE TERMS OF THIS AGREEMENT ARE IN LIEU OF ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS, EXPRESS OR IMPLIED, ARISING BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FOR THE AVOIDANCE OF ANY DOUBT, SOFTWARE IMAGING AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS.
Notwithstanding and without prejudice to the foregoing provisions of this Section, SOFTWARE IMAGING may in its discretion replace the SOFTWARE if the media upon which the SOFTWARE is recorded is defective. Any claim submitted by you for replacement media must be made in postage prepaid within 90 days from the date of purchase of the SOFTWARE and must be accompanied by the defective SOFTWARE media and proof of purchase of the SOFTWARE.
You are entirely responsible for the cost of servicing, repairing or correcting the SOFTWARE.
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS AND EXCLUSIONS SUCH AS THOSE IN THIS AGREEMENT AND THEREFORE SOME OR ALL OF THE LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS AGREEMENT ALLOCATE RISKS BETWEEN SOFTWARE IMAGING, ITS SUPPLIERS AND YOU, AND REFLECT THE PRICING OF THE SOFTWARE. YOU AGREE THAT THIS AGREEMENT REASONABLY ALLOCATES THE RISK BETWEEN YOU, SOFTWARE IMAGING AND ITS SUPPLIERS.
Liability for Infringement
If your use of the SOFTWARE as permitted by this Agreement infringes any third party intellectual property right or if we believe that the SOFTWARE is likely to do so, we may, at our option and expense (i) obtain a license permitting you to continue to use the SOFTWARE; (ii) replace or modify the SOFTWARE so that it is no longer infringing and provide you with the necessary replacement or modification; or (iii) if we do not consider (i) or (ii) to be commercially feasible, terminate this Agreement with no further liability to you except for a refund of the amount paid by you for the SOFTWARE. This section entitled «Liability for Infringement» states our entire liability with respect to any intellectual property infringement by the SOFTWARE.
Limitation of Liability
EXCEPT AS WITH RESPECT TO FINAL DAMAGE AWARDS IN ACTIONS FOR DEATH OR PERSONAL INJURY BY ANY NEGLIGENT ACTS OR OMISSIONS OF SOFTWARE IMAGING, IN NO EVENT SHALL SOFTWARE IMAGING OR ITS SUPPLIERS BE LIABLE (WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE) FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL LOSS OR DAMAGE, SPECIAL DAMAGES, DAMAGES FOR LOSS OF USE OR OF DATA, DAMAGES FOR LOSS OF OR INTERRUPTION TO BUSINESS AND DAMAGES FOR LOSS OF PROFITS) OF ANY NATURE HOWSOEVER ARISING AND INCLUDING BUT NOT LIMITED TO ANY LOSS RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE.
IN NO EVENT SHALL SOFTWARE IMAGING OR ITS SUPPLIER’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES OR EXPENSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
U.S. Government End Users
The SOFTWARE is a «commercial component,» as that term is defined in 48 C.F.R. 2.101 (Oct. 2000), consisting of «commercial computer software» and «commercial computer software documentation,» as those 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 entities acquire the SOFTWARE only with those rights set forth in this Agreement.
You may not download or export the SOFTWARE or its technology except in full compliance with all applicable export and other laws and regulations in effect from time to time in the country in which you are resident or in which you are using the SOFTWARE.
This Agreement is the only agreement between you and SOFTWARE IMAGING.
This Agreement and all exhibits referenced herein and attached hereto constitute the entire and exclusive understanding between you and SOFTWARE IMAGING and supersede all proposals, communications and understandings, oral or written, between you and SOFTWARE IMAGING relating to the subject matter of this Agreement.
The terms and conditions of this Agreement shall prevail, notwithstanding any variance with any purchase order, correspondence or written instrument submitted by you, whether or not formally accepted or rejected by SOFTWARE IMAGING. This Agreement may not be amended or modified, except by a subsequent written agreement signed by you and SOFTWARE IMAGING.
This Agreement is binding upon you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and enures to the benefit of SOFTWARE IMAGING, its suppliers and their respective successors and assigns.
Section headings in this Agreement are for convenience only and shall in no case be considered in construing this Agreement.
The validity, interpretation, and performance of this Agreement, shall be controlled by and construed under the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein as if performed wholly within that jurisdiction and without giving effect to the principles of conflict of law. The applicability of the U.N. Convention on Contracts for the International Sale of Goods is expressly excluded.
You irrevocably submit and attorn to exclusive jurisdiction and venue vesting in the British Columbia courts sitting in Vancouver, British Columbia and waive all defences of lack of personal jurisdiction and forum nonconveniens.
If any term, provision, covenant or condition of the Agreement is held invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect as if the Agreement had been executed with the invalid portion eliminated so long as the Agreement continues to express, without material change, the original intentions of the parties.