Miraplacid Publisher SDK distribution permissions and end-user license agreement

Software License Agreement

This license ("License") contains rights and restrictions associated with use of the accompanying software and documentation. Read the License carefully before using the Software.

1. Limited License Grant. This License grants you ("Licensee") a worldwide, non-exclusive, non-transferable limited permission to download and instal Miraplacid Publisher Software Development Kit and accompanying documentation ("Software").
This license grants you permission to use Software during the trial period, but does not grant you permission to use the Software after trial period expired.
This license does not grant you or your customers permission to use derivative products ("Derivative Products") based on Miraplacid Publisher SDK.
Licensee shall purchase Miraplacid Publisher license to use Miraplacid Publisher SDK after trial period expied. Licensee shall purchase Miraplacid Publisher license for each copy of customer Derivative Product installation or shall inform the Dervative Product customer ("Customer") that Miraplacid Publisher license shall be purchased.
Miraplacid Publisher license sold separately from Miraplacid web site http://www.miraplacid.com/
The Software and SDK may be used by an unlimited number of developers to develop a unlimited number of commercial Derivative Products. The Derivative Product may be distributed to an unlimited number of clients, with no distribution or usage restrictions.
The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. Licensee may make as many copies of Software and SDK as needed, provided that this License conspicuously appears with all copies of Software.

2. Restrictions. Software is copyrighted information of Miraplacid Miraplacid as indicated in the copyright notice in each file retain title to all copies. Licensee must not allow copies of the Software or any part of it to be made or distributed to anyone else other then as a part of a Derivative Product. Licensee agrees to keep Software and SDK confidential and not to disclose it to any third party.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3. Non-Compete. Licensee may not create or distribute a Competitive Product. Competitive Product is defined as general purposes Printer Driver software for any version of Microsoft Windows that converts printed content to image in JPEG, BMP, GIF, TGA, PNG, TIFF or PDF format and saves it to a storage media. By entering into this Agreement, Licensee is representing and warranting that (a) Licensee is not a competitor of Miraplacid; (b) Licensee is not an affiliate, wholly-owned subsidiary or parent company of a competitor; and (c) no Licensee employees who will have access to the SDK are officers or directors of competitors or related to employees, officers or directors of competitors.

4. Names and Logos. Licensee is not authorized to use any Miraplacid name or logo in any other way without Miraplacid's prior written approval.

5. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that use of Software is at its sole risk. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

MIRAPLACID DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Software WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF Software WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN Software WILL BE CORRECTED. FURTHERMORE, MIRAPLACID DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Software IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIRAPLACID OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD Software PROVE DEFECTIVE, LICENSEE (AND NOT MIRAPLACID OR ITS AUTHORIZED REPRESENTATIVE) SHALL ASSUME AND PAY THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

6. Limitation of Liability. MIRAPLACID SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL MIRAPLACID BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE Software, EVEN IF MIRAPLACID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MIRAPLACID'S OR TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR Software.

7. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Miraplacid if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. The provisions of Paragraphs 3, 4, 5, 6 and 8 survive termination of this Agreement.

8. Severability. If any of the provisions of this License are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Miraplacid's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Miraplacid or Miraplacid reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of Software and supersedes all prior or contemporaneous representations, understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Miraplacid.

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