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End User License Agreement
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CARE¬FULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE (THE “PROGRAM”). THIS LICENSE AGREEMENT REP¬RESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND EDOCUMENTREVIEW SOFTWARE COMPANY (REFERRED TO AS LICENSOR), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. BY DOWNLOADING, INSTALLING, OR USING THIS PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREE¬MENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY DELETE ANY COPIES ON YOUR SYSTEM(S), AND YOU WILL RECEIVE A REFUND OF YOUR MONEY.
1. License Grant. Licensor hereby grants to you, and you accept, a non- exclusive license to use the Program only as authorized in this License Agreement. The Program may be used only on a single computer owned, leased, or otherwise controlled by you with a backup copy on disk. Neither concurrent use on two or more computers nor use in a local area network or other network is authorized without the advance written consent of Licensor and the payment of additional license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.
No copies of the Program or any portions thereof may be made by you or any person under your authority or control.
2. Licensor’s Rights. You acknowledge and agree that the Program consists of proprietary, unpublished products of Licensor, protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Program are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3. License Fees. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.
4. Term. This License Agreement is effective upon your installing of this Program and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.
5. Limited Warranty. Licensor warrants, for your benefit alone, that the Program shall, for a period of 90 days from the date of commencement of this License Agreement (referred to as the Warranty Period), be free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the Program shall operate substantially in accordance with the functional specifications in the User’s Manual. If, during the Warranty Period, a defect in the Program appears, you may return the Program to Licensor for either replacement or refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, IS LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMI¬TATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. Licensor’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequen¬tial, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.
7. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
8. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
9. No Waiver. The failure of either party to enforce any rights granted hereun¬der or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.