This legal document is an agreement (the "License") between the end user who may be an individual or business entity ("Licensee"), and PrinterOn Inc. ("PrinterOn"), regarding the software recorded on the enclosed media or software to be downloaded from this site (the "Software"). Licensee accepts and agrees to be bound by the terms of this License by downloading or installing the Software. If Licensee does not accept the terms of this License, Licensee shall not download or install the Software.
1. OWNERSHIP OF SOFTWARE. PrinterOn and its third party suppliers retain title and ownership of all rights, including copyright and all other intellectual property rights, in and to the Software and accompanying written materials (the "Documentation"), and all copies thereof, regardless of form or media. This License is not a sale of any rights in or to the Software or the Documentation or any copy thereof. Licensee acquires no right whatsoever to the Software or the Documentation except the right to use the Software and the Documentation in accordance with the terms of this License.
2. THIRD PARTY LICENSES. Licensee acknowledges that the Software may utilize software and other materials provided by third parties. Such third parties may enforce the provisions of this License to the extent such third party software and other materials are used by Licensee. Any limitation of liabilities in this License also apply to such third party suppliers and the third party software and other materials provided by them. Such limitation of liabilities apply to the Software as a whole and are not cumulative.
3. GRANT OF LICENSE. PrinterOn grants to Licensee, a nonexclusive and non-transferrable right to use for personal or internal business purposes the executable code version of the Software and the Documentation, as long as Licensee complies with the terms and conditions of this License. PrinterOn reserves all rights not expressly granted to Licensee.
4. COPY RESTRICTIONS. Licensee may keep one copy of the Software solely for backup or archival purposes. Unauthorized copying or distribution of the Software, including Software which has been modified, merged, or included with other software, or of the Documentation is expressly prohibited unless agreed to in writing by PrinterOn. Licensee must reproduce and include the copyright notice on any backup copy of the Software and Documentation. Licensee may not remove any proprietary rights or copyright notice or identification which indicates the ownership of PrinterOn of the Software or the Documentation.
5. USE RESTRICTIONS. Licensee shall not (a) modify, adapt, decompile, disassemble reverse engineer, or otherwise attempt to derive the source code for the Software, or create derivative works based on the Software or the Documentation; (b) assign this License or redistribute, encumber, sell, transfer, lease, or grant a sublicense of the Software or the licenses granted herein or otherwise transfer rights to the Software to any person or entity except as and when authorized by PrinterOn in writing; (c) directly or indirectly, export or transmit the Software, either alone or bundled with other software, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute without the appropriate prior written consent of the applicable government entity or department. Licensee will make reasonable efforts to prevent any unauthorized use of the Software or Documentation by third parties and will advise Licensee's employees of the restrictions upon use restrictions herein.
Licensee will not use the Software or Documentation to distribute or solicit content that (a) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive; (b) infringes someone else's intellectual property or other rights; (c) advocates or solicits violence or other criminal conduct; (d) violates any law, regulation, or contract; (e) specially advertises or promotes any product or service that is illegal in the domicile of either the distributor or recipient; (f) constitutes unsolicited or unauthorized advertising, junk or bulk [e-mail], junk or bulk fax, chain letters, or any other unsolicited commercial communication, except as PrinterOn specifically authorizes in writing; (g) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
Licensee is responsible for all activities that occur under its password or account. Licensee will immediately notify PrinterOn of any unauthorized use of Licensee's password or account or any other breach of security. Licensee will not disrupt the functioning of PrinterOn's website, solicit another user's password, or otherwise act in a way that interferes with other users' use of the PrinterOn's website.
PrinterOn is not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Software. PrinterOn may change or terminate the Software and the services provided on PrinterOn's website or any part of it without notice or liability. PrinterOn may terminate or change user's access to their account, or use of all or any part of the service provided on PrinterOn's website and may remove any content within the service without notice and for any reason, including lack of use or violation of these terms.
6. BUSINESS ENTITY. If Licensee is a business entity, any failure to comply with the terms and conditions of this License by any individual who is employed by or an agent of the business entity will be a failure to comply by Licensee and this License will terminate immediately.
7. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from PrinterOn if Licensee fails to comply with any provision of this License. Upon termination, Licensee shall immediately cease to use the Software and the Documentation and shall destroy the Software and the Documentation and all copies thereof. Termination shall not entitle Licensee or any other person, firm, corporation, or other entity to a full or partial refund of any License fee paid. The provisions in sections 8 and 9 herein shall remain in force after termination of this License.
8. LIMITED WARRANTY. PRINTERON IS LICENSING THE SOFTWARE TO LICENSEE FREE OF CHARGE AND THEREFORE ON AN "AS IS" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR IN TRADE INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY QUANTITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGING, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE PRECEEDING PARAGRAPH, LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE AND DOCUMENTATION. PRINTERON DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRINTERON, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to Licensee. This License gives Licensee specific legal rights and Licensee may also have other rights which vary from country to country.
9. LIMITATION OF LIABILITY AND LICENSEE REMEDIES. IN NO EVENT SHALL PRINTERON BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION EVEN IF PRINTERON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GENERAL TERMS. This License is governed by the laws of the Province of Ontario, Canada, excluding the application of its conflicts of laws provisions and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, and shall benefit PrinterOn, its successors and assigns. If any provision hereof is determined to be invalid or unenforceable in whole or in part, such invalidity shall attach only to such provision and all other provisions shall remain in full force and effect. This License constitutes the entire agreement between PrinterOn and the Licensee and supersedes any other agreements or discussions, oral or written, and may not be changed except by written amendment signed by PrinterOn. The Software and the Documentation are Commercial Computer Software provided with restricted rights under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the Government of the United States of America, its agencies or instrumentalities is subject to restriction as set forth in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 CFR 52.227-19, as applicable, or successor provisions. Contractor is PrinterOn Inc., 221McIntyre Drive, Kitchener, Ontario, Canada.
If you have any questions or require clarification, please contact in writing:
PrinterOn Inc.
221 McIntyre Drive
Kitchener, Ontario
Canada N2R 1G1
Facsimile: (519) 748-9457
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