AutoShred-Doc distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR ROYALTY-FREE SOFTWARE OF PINION SOFTWARE CORPORATION
IMPORTANT - READ CAREFULLY: The terms and conditions that follow set forth a legal agreement between you (either an individual or an entity), the end user, and Pinion Software Corporation, a Delaware corporation with its principal place of business at 4030 Braker Lane, Austin, Texas 78759 ("Pinion Software") relating to the computer software of Pinion Software Inc. accompanying this Agreement (the "Software"). You should carefully read these terms and conditions BEFORE downloading and/or installing the Software. Downloading and/or installing the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, select DO NOT ACCEPT at the end of this agreement and the download or installation will be aborted.
1.GRANT OF LICENSE. Pinion Software grants to you a royalty-free, nonexclusive license to use the Software in accordance with this Agreement for your own internal business purposes.
2. OWNERSHIP OF THE SOFTWARE/ RESTRICTIONS ON COPYING/ OTHER RESTRICTIONS. Pinion Software or its licensors own and will retain all copyright, trade secret and other proprietary rights in and to the Software. THE SOFTWARE AND ANY DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers and these license terms. You may not transfer, sell, license, sublicense, lease or rent the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to selection of the Software to achieve your intended results and for establishing adequate backup to prevent the loss of data in the event of a malfunction of the Software.
3. TERM. The license granted herein will continue until it is terminated by Pinion Software, in its sole discretion, with or without cause. Upon the termination of the license for any such reason, you will destroy all copies of the Software covered by the license. The provisions of Articles 2, 3, 4, 7 and 8 of this Agreement shall survive any termination of this Agreement.
4. "AS-IS" WARRANTY & DISCLAIMERS
a. "AS-IS" Warranty. Pinion Software provides the Software to you AS IS and without a warranty of any kind. . Pinion Software does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
b. Limitations on Warranties. The express warranty set forth in this Article 4 is the only warranty given by Pinion Software with respect to the Software furnished hereunder; Pinion Software and its licensors make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.
c. Limitations on Liability. The Software has been provided to you at no charge. In no event shall Pinion Software or its licensors be liable for special, indirect, incidental or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the Software furnished hereunder, even if Pinion Software or its licensors have been advised of the possibility of such damages.
5. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights), DFARS 252.227-7013(c)(1)(ii)(Rights in Technical Data and Computer Software) and in this Agreement, as applicable. Contractor/Manufacturer: Pinion Software Corporation, 4030 W. Baker Lane, Austin, Texas 78759.
6. Export Control Restrictions. The Software is subject to the export control laws of the United States, which prohibit the export of the Software to certain persons and to persons in certain countries. By installing or using the Software, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. You agree not to export or re-export the Software or the Documentation without the appropriate United States or foreign government licenses and the written approval of Pinion Software and its licensors.
7. General Provisions. The terms of this Agreement shall be governed by and construed and enforced in accordance with the substantive laws of Texas and will be deemed a contract under seal. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.
You further agree that this Agreement is the complete and exclusive statement of your agreement with Pinion Software relating to the Software and supersedes any other agreement, oral or written, or any other communications between you and Pinion Software relating to the Software.