DocMoto distribution permissions and end-user license agreement
DOCMOTO(TM) END USER LICENSE AGREEMENT
BY SELECTING ON THE "ACCEPT" OPTION OR OPENING THE PACKAGE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CRANHAM HAIG LIMITED IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IN THAT CASE, PLEASE CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO CRANHAM HAIG LIMITED OR YOUR PLACE OF PURCHASE FOR A FULL REFUND. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The software covered by this Agreement includes any software add-ons that are included with the accompanying software or developed by CRANHAM HAIG LIMITED and sold separately for use with the accompanying software.
Subject to payment of applicable license fees, CRANHAM HAIG LIMITED grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described under "Scope of Grant."
CRANHAM HAIG LIMITED warrants, for a period of ninety (90) days after the date that CRANHAM HAIG LIMITED supplies you an ongoing registration number, (i) that the Software, if operated as directed, will substantially achieve the functionality described in the Documentation, and (ii) that the media containing the Software, if provided by CRANHAM HAIG LIMITED, is free from defects in material and workmanship. These are the sole warranties provided by CRANHAM HAIG LIMITED. To be covered by these limited warranties, you must inform CRANHAM HAIG LIMITED of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software. CRANHAM HAIG LIMITED will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. CRANHAM HAIG LIMITED SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES` RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. NO CRANHAM HAIG LIMITED DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
CRANHAM HAIG LIMITED does not warrant that the Software will satisfy your requirement, be without errors, or operate without interruption. The warranties do not apply if any modifications are made to the Software by you during the warranty period or if the media is subjected to accident, abuse, or improper use; or if you breach the terms of this Agreement. This warranty shall also not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Your exclusive remedy, and CRANHAM HAIG LIMITED`s sole liability, for any breach of these warranties shall be, at CRANHAM HAIG LIMITED`s discretion: (i) to repair or replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) CRANHAM HAIG LIMITED advised you how to operate the Software so as to achieve the functionality described in the Documentation.
SUPPORT AND MAINTENANCE.
This Agreement entitles you to receive technical support by post and e-mail for the sixty (60) day period following your purchase of a Software license. All other technical support, as well as upgrades, enhancements, patches and fixes for the Software (collectively, "Upgrades") is available only upon payment to CRANHAM HAIG LIMITED of the applicable fees for those services. Any Upgrade that you may receive will become a part of the Software and the terms of this Agreement are applicable to each Upgrade.
TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
* make one copy of the Software for archival purposes, provided that the copy must contain all of the original Software`s proprietary notices;
* use the Software on a network to enable persons on that network to submit and view documents published, displayed, posted or made accessible by the Software; and
* use the Software solely for publishing, displaying and making accessible your internal documents and documents posted by any of your customers or vendors.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* permit concurrent use of the Software;
* use the Software on any computer other than the computer on which the Software is installed without purchasing additional licenses for each additional computer on which you wish to use the Software;
* use the Software for commercial purposes or in connection with providing any fee-based or other compensated service;
* modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, resell, sublicense, grant a security interest in, or otherwise transfer rights to the Software;
* remove any proprietary notices or labels on the Software; or
* use the Software in operating an on-line service, bulletin board, Web or Internet access service or enabling customers to access such services or use data received from such services. You agree that CRANHAM HAIG LIMITED has the right to collect the applicable higher license fees if your use exceeds the volume limitations described above.
Title, ownership rights, and intellectual property rights in the Software shall remain with CRANHAM HAIG LIMITED and/or its suppliers. The Software is protected by the copyright laws of the United Kingdom and international copyright treaties. Title and related rights in the content accessed through the software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights, title, or interest to such content including any content you post using the Software.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
Licensee agrees to comply with all export laws and restrictions and regulations of the United Kingdom or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.K. By installing or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CRANHAM HAIG LIMITED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CRANHAM HAIG LIMITED BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CRANHAM HAIG LIMITED RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CRANHAM HAIG LIMITED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR BODILY INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). CRANHAM HAIG LIMITED and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement between you and CRANHAM HAIG LIMITED concerning your license of the Software and may be amended only by written agreement executed by both parties. THE ACCEPTANCE BY CRANHAM HAIG LIMITED OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. You acknowledge that this Agreement allocates the risks of use of the Software between you and CRANHAM HAIG LIMITED, and that the license fee(s) for the Software reflect the limited warranties, limitation of liability and allocation of risk under this Agreement. Had there been a different allocation of risk, the pricing and terms of this Agreement would also have been different. If any remedy provided in this Agreement is determined to have failed of its essential purpose, CRANHAM HAIG LIMITED`s entire liability shall in no event exceed the license fees paid by you for the Software. If any provision of this Agreement is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of the Agreement will remain in full force and effect.