ExcelliPrint IPDS Print Server distribution permissions and end-user license agreement

Brooks Internet Software, Inc.
End-User License Agreement for
ExcelliPrint(R) Software

IMPORTANT READ CAREFULLY: This Brooks Internet Software, Inc. (“BROOKS”) End-User License Agreement (“EULA”) is a legal agreement between LICENSEE (either an individual or a single entity) and BROOKS for the BROOKS software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation (collectively the “Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROMPTLY RETURN THE UNINSTALLED SOFTWARE TO THE RESELLER OR RETAILER FROM WHOM YOU PURCHASED THE SOFTWARE FOR A FULL REFUND.

Software License

BROOKS owns all right, title and interest in the Software and any derivatives thereof and the Software is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. The terms of this EULA shall be effective whether the Software is acquired from BROOKS, its suppliers or a reseller.

1. Grant of License. Subject to payment of applicable license fee(s), BROOKS grants to you a non-exclusive license to use the Software, including any accompanying documentation as follows:

Systems Software. You may install and use one copy of the Software on a single computer.

Storage/Network Use. You may also store or install a copy of the Software on an authorized storage device, such as a network server, used only to install or run the Software on other computers over an internal network; however, you must acquire and dedicate a license from BROOKS for each separate computer on which the Software is run from the storage device. A license for the Software may not be shared by more than one user or computer or used concurrently on different computers.

License Pack. If you have acquired this EULA in a BROOKS License Pack, you may make the number of additional copies of the computer software portion of the Software authorized on the printed copy of this EULA or other documentation provided by BROOKS, provided that every copy contains all of the original Software's proprietary notices, and you may use each copy in the manner specified above. The number of copies that may be installed or run pursuant to the License Pack comprises the total number of copies installed or run on any platform.

2. Description of Other Rights and Limitations.

Limitations on Modification, Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Software, or create derivative works based upon the Software.

Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not remove any proprietary notices or labels on or in the Software.

Rental and sale. You may not rent or lease the Software. You may not use all or any portion of the Software or a derivative thereof for commercial or noncommercial distribution without prior written permission from BROOKS.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software as well as any upgrades. Except as provided herein, you may not rent, sell, license or otherwise transfer rights to the Software.

Termination. Without prejudice to any other rights, BROOKS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software together with all archived and/or backup copies and all of its component parts.

Infringement. You may not use the Software in any manner that infringes the Intellectual Property or other rights of BROOKS or any other person.

Reservation. All rights not expressly granted herein are hereby reserved by BROOKS.

3. Upgrades. If the Software is an upgrade of a BROOKS product, you may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. Copyright. All title and interest, including but not limited to copyrights, patents, trade secrets and/or other intellectual property in and to the Software original to BROOKS (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by BROOKS. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted and/or proprietary material consistent with the terms of this EULA. In accordance with such obligation on your part, you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.

5. U.S. Government Restricted Rights. The Software, including but not limited to documentation, are provided with Restricted Rights as defined in relevant governmental regulations. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause of 48 CFR 52.227-19 when applicable, or in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights of 48 CFR 52.227-19, or at related clauses in Title 48, Chapters 1 or 2 of the Code of Federal Regulations relating to the Department of Defense or to Title 48, Chapter 18 relating to NASA or to Title 15 of the Code of Federal Regulations relating to Commerce and Foreign Trade or to Title 6 of the Code of Federal Regulations relating to Homeland Security or to BROOKS standard commercial license, as applicable. Contractor/manufacturer is Brooks Internet Software, Inc., 1820 E. 17th Street, Suite 330, Idaho Falls, Idaho 83404-6400, U.S.A., phone 208-523-6970, fax 208-523-9482, email sales@brooksnet.com.

6. Export Controls. None of the Software or underlying information or technology may be installed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing, downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you agree that you are responsible for and warrant compliance with all applicable laws, rules and regulations, including but not limited to custom laws, import, export and re-export laws and government regulations of any country from or to which the Software may be delivered in accordance with the provisions of this Agreement.

7. 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, communication systems, air traffic control, direct life support machines, chemical production 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"). BROOKS and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

8. Selection. You shall be responsible for the selection of the Software and for its installation, use, and results, except as specifically provided herein.

9. Jurisdiction. This Agreement shall be construed in accordance with and its performance shall be governed by the laws of the State of Idaho, notwithstanding the choice of law rules of such State. The courts of Idaho shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits which may arise hereunder and the parties hereby expressly consent to such exclusive jurisdiction and venue before the proper authority in Boise, Idaho.

10. Notice. Any notice or demand permitted or required hereunder by you to BROOKS shall be in writing and shall be addressed to the BROOKS subsidiary serving your country, or write: Brooks Internet Software, Inc., 1820 E. 17th Street, Suite 330, Idaho Falls, Idaho 83404-6400, U.S.A., phone 208-523-6970, fax 208-523-9482, email sales@brooksnet.com. Notice to Brooks shall be deemed given upon receipt by Brooks of such notice. Notice to you shall be sent according to the email address, postal address, and contact you provide to BROOKS when ordering the product. Notice to you by BROOKS shall be sent by email, Regular First-Class Mail-postage prepaid, or by Federal Express or a similar courier or overnight service. Any such notice by BROOKS to you shall be deemed received four (4) business days after the date it is sent unless BROOKS receives confirmation of its earlier delivery.

11. Limited Warranty. BROOKS warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of delivery to you, as evidenced by your invoice or receipt, as applicable (referred to hereafter collectively as “receipt”). BROOKS, its suppliers and resellers do not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. BROOKS also warrants that the media containing the Software, if provided by BROOKS, its suppliers and resellers, is free from defects in material and workmanship and will so remain for ninety (90) days from the date of delivery of the Software to you as evidenced by your receipt. No warranty is provided for the Software beyond ninety (90) days from the original delivery of the Software by BROOKS, its suppliers and resellers. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the software, if any, are limited to ninety (90) days.

Platform Limitation. The above limited warranty shall not extend to and shall be void where you use the Software on an unauthorized platform or operating system (“Platform”). BROOKS has no control and therefore disclaims any responsibility and/or liability over operational or other differences between operating systems. You accept full responsibility for any and all consequences stemming from use of the Software with unauthorized Platforms or stemming from changing the Software from one authorized Platform to another or from an authorized Platform to an unauthorized Platform. BROOKS shall have no liability to any person or entity with regard to claims, loss, or damage caused, or alleged to be caused, either directly or indirectly by your use of the Software with any Platform not expressly authorized or approved by BROOKS.

Customer Remedies. BROOKS, its suppliers and reseller’s entire liability and your exclusive remedy shall be, at BROOKS option:

(i) to 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.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days from receipt of any replacement, whichever is longer. 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 receipt of the repaired or replaced Software, or (b) BROOKS advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform BROOKS of your problem with the Software during the applicable warranty period and provide evidence of the date of receipt of the Software will BROOKS be obligated to honor this warranty. BROOKS will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified. Outside the United States, neither these remedies nor any product support services offered by BROOKS are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROOKS, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. BROOKS, IT’S SUPPLIERS AND RESELLERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL BROOKS, ITS SUPPLIERS, OR ITS RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BROOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BROOKS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BROOKS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE IN QUESTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Refund. Refunds related to the Software are limited and subject to compliance with specific requirements. In order to obtain a refund of any kind, a refund request must be received by BROOKS in writing within thirty (30) days of receipt. Refund requests made after thirty (30) days following receipt will not be granted or considered regardless of the circumstances. Refunds or credits will not be issued for Software that has been unlocked, or if an unlock key has been generated relating to your license of the Software. Shipping, handling, and media charges are not refundable at any time.

13. Miscellaneous. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements relating to the subject matter hereof, whether oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith. If, for any reason, any provision of this Agreement is found to be unenforceable, such provision shall not be deemed to prohibit activity to the extent it is found to be enforceable and other provision of this Agreement shall be unaffected to the extent permitted by law. A waiver by either party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no such waiver shall be effective unless in writing signed by the party against whom such waiver is asserted. The parties shall not be liable for any failure to perform due to causes beyond its reasonable control. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by either party. Each party has relied upon its own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself. This Agreement shall not create any rights in or inure to the benefit of any third parties. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. Further, if either party defaults in the performance of its obligations under this Agreement, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. You shall not assign this Agreement in whole or in part without the prior written consent of BROOKS. BROOKS may freely assign this Agreement. Nothing herein shall be deemed or construed as creating the relationship of principal and agent between the parties. The executing party to this Agreement represents and warrants that they have the authority to enter into this Agreement on behalf of their respective party. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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