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(406) 721-0319 FAX: (406) 258-0402 |
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE REMOTESCAN SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE
CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; TECHNICAL SUPPORT IN SECTION
6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE
LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE
AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF
IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
RemoteScan Corporation and its suppliers own all intellectual property in the Software. RemoteScan Corporation permits you to Use the Software only in accordance with the terms of this Agreement.
1. Definitions. "Software" means (a) all of the contents of the files, downloaded software, or other media with which this Agreement is provided, including but not limited to (i) RemoteScan or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by RemoteScan (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by RemoteScan. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Customer" means any individual, company, organization, resale, VAR, vendor, or anyone or any entity who purchases RemoteScan software. "RemoteScan" means RemoteScan Corporation, a Montana corporation 305 South 4th Street East, Suite 200, Missoula, Montana 59801.
2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), RemoteScan grants to you a non-exclusive, nontransferable perpetual lease to use the Software for the purposes described in the Documentation and on the RemoteScan web site, www.remote-scan.com.
2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2 Warranty Disclaimer. THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND . REMOTESCAN MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE.
2.3 Indemnity. You agree to hold RemoteScan and any of its vendors harmless
from any and all liabilities, losses, actions, damages, or claims (including
all reasonable expenses, costs, and attorneys fees) arising out of or relating
to any use of, or reliance on the software.
2.4 Limit of Liability. UNDER NO CIRCUMSTANCES WILL REMOTESCAN OR ANY OF ITS
VENDORS BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE,
REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS
OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES
ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL
OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
3. Intellectual Property Ownership, Copyright Protection. The Software and
any authorized copies that you make are the intellectual property of and are
owned by RemoteScan Corporation and its suppliers. The structure, organization
and code of the Software are the valuable trade secrets and confidential information
of RemoteScan Corporation and its suppliers. The Software is protected by law,
including without limitation the copyright laws of the United States and other
countries, and by international treaty provisions. Except as expressly stated
herein, this Agreement does not grant you any intellectual property rights in
the Software and all rights not expressly granted are reserved by RemoteScan
Corporation and its suppliers.
4. Restrictions.
4.1 Notices. You shall not copy the Software except as set forth in Section
2. Any copy of the Software that you make must contain the same copyright and
other proprietary notices that appear on or in the Software.
4.2 No Modifications. You shall not modify, adapt or translate the Software.
You shall not reverse engineer, decompile, disassemble or otherwise attempt
to discover the source code of the Software except to the extent you may be
expressly permitted to decompile under applicable law, it is essential to do
so in order to achieve operability of the Software with another software program,
and you have first requested RemoteScan Corporation to provide the information
necessary to achieve such operability and RemoteScan Corporation has not made
such information available. RemoteScan Corporation has the right to impose reasonable
conditions and to request a reasonable fee before providing such information.
Any such information supplied by RemoteScan Corporation and any information
obtained by you by such permitted decompilation may only be used by you for
the purpose described herein and may not be disclosed to any third party or
used to create any software which is substantially similar to the expression
of the Software.
4.4 Transfer. REMOTESCAN SOFTWARE IS PERPETUALLY LEASED AS A ONE-TIME
INSTALLATION LICENSE FOR THE INITIAL PURCHASE PRICE FOR USE ON THE END-USER
HARDWARE WHERE THE SOFTWARE IS ORIGINALLY REGISTERED. REMOTESCAN SOFTWARE LICENSES
ARE NONTRANSFERABLE. You may not, rent, sublease, sublicense, assign or transfer
your rights in the Software, or authorize all or any portion of the Software
to be copied onto another computer other than the original computer where it
was installed and registered on.
4.4.1 Transfer of Software license onto a different computer in event of hardware failure, or end of hardware lease period. In the event that the computer onto which RemoteScan software has been initially installed, due to hardware failure becomes un-operable, or unavailable due to end of lease period of leased physical hardware, you may purchase, by on-line credit card payment, a License Transfer by filling out a License Transfer Request Form located on line at www.remote-scan.com/transfer. After receiving a completed eligible (see section 4.4.2 below) transfer request form (which must include either your RemoteScan User Login/Identification, or the RemoteScan Invoice number which were provided with software at time of purchase), RemoteScan will provide, by email, a special payment link for purchase of a license transfer.
4.4.2 Transfer Eligibility, Transfer Limits and Transfer Cost. In the
event of hardware failure or end of hardware lease, as described above in section
4.4.1, a limited number of no-cost transfers will be granted on licenses purchased
within the past one year. The limit of no-cost transfers per license will be
one transfer per license, or 20% of the total number of users for that license,
whichever is greater. For example, a single user license will be eligible for
one no-cost transfer, and a 10 user license will be eligible for two no-cost
transfers. A limited number of no-cost transfers will also be granted on licenses
which have purchased Service and Support, as long as the purchased Service and
Support is still active (in order to receive a no-cost license transfer, Service
and Support can be renewed yearly and must be in effect before requesting a
license transfer). For licences with active support, the limit of no-cost transfers
per license will be one transfer per license, or 20% of the total number of
users for that license, whichever is greater.
4.4.3 Cost of License Transfers for and transfer limits for eligible transfer
requests. Cost of transfer for licenses that are more than one year old,
or do not have active extended Service and Support.
(i) RemoteScan for Terminal Services / Citrix: $60.00 USD (this price is good
until Dec. 31st 2009. After Dec 31st 2009, price will increase by 10% per year)
for each end user computer or end user Thin Client device which is used to access
a scanner or imaging device.
(ii) RemoteScan for LAN: $60.00 USD (this price is good until Dec. 31st 2009.
After DEC 31st 2009, price will increase by 10% per year) for each scanner or
imaging device which is then accessed by up to 5 other computers.
(iii) Transfers will be limited to one transfer per license, or 20% of the total
number of users for that license, whichever is greater. For example, a single
user license will be eligible for one no-cost transfer, and a 10 user license
will be eligible for two no-cost transfers.
5. NO WARRANTY. The Software is being delivered to you "AS IS" and
RemoteScan Corporation makes no warranty as to its use or performance. REMOTESCAN
AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION
OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, REMOTESCAN AND ITS SUPPLIERS
MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Technical Support. Technical Support will be provided only during RemoteScan's normal business hours (9:00am to 5:00pm Mountain Time, Monday through Friday, excluding legal holidays and other days when RemoteScan's offices are closed). Support will be provided by email (support@remote-scan.com) and through the www.remote-scan.com support forum for no cost. Phone support will only be provided when support is purchased with software licenses. RemoteScan technical support will provide assistance in configuring and installing RemoteScan software, however RemoteScan is not obligated to offer technical assistance involving products other than RemoteScan products. RemoteScan will attempt, to the best of its abilities in providing support in a timely manner, however RemoteScan offers no guarantee whatsoever in the timeliness nor the results of its support.
6.1 Compatibility with other vendors future product releases. RemoteScan Corporation
is not responsible for making its products compatible with
any future release of any other vendors products. This includes, but is not
limited to, computer operating systems, computer networking software, as well
as computer hardware and scanner hardware. RemoteScan Corporation will not be
held libel nor be responsible to modify its software to work with any future release
of any other vendor's product, and technical support can not be provided for
compatibility issues with other vendors products that have been released at
a date after the release of RemoteScan's products.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL REMOTESCAN OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
REMOTESCAN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
YOUR JURISDICTION. REMOTESCAN'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS
UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits RemoteScan's
liability to you in the event of death or personal injury resulting from RemoteScan's
negligence or for the tort of deceit (fraud). RemoteScan is acting on behalf
of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations,
warranties and liability as provided in this Agreement, but in no other respects
and for no other purpose. For further information, please see the jurisdiction
specific information at the end of this Agreement, if any, or contact RemoteScan's
Customer Support Department.
8. Export Rules. You agree that the Software will not be shipped, transferred
or exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws, restrictions or regulations
(collectively the "Export Laws"). In addition, if the Software is
identified as export controlled items under the Export Laws, you represent and
warrant that you are not a citizen, or otherwise located within, an embargoed
nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba,
North Korea, and Serbia) and that you are not otherwise prohibited under the
Export Laws from receiving the Software. All rights to Use the Software are
granted on condition that such rights are forfeited if you fail to comply with
the terms of this Agreement.
9. Sale of Software. RemoteScan Corporation sells its products 'At Will.' RemoteScan Corporation reserves the right to raise its prices at any time and without notice. RemoteScan Corporation is not under any obligation to continue to sell its software to any customer at the price which the customer has purchased in the past. RemoteScan Corporation reserves the right to refuse to sell its products at discounted prices to customers, including vendors, VARs and resellers for any reason. RemoteScan Corporation reserves the right to rescind, at any time, and for any reason and without notice, any discounted pricing offers to any customer, including vendors, VARs and resellers, and in such cases RemoteScan Corporation will not be liable in any way, whole or in part, for any expenses or loss of business incurred by the customer.
10. Governing Law. This Agreement will be governed by and construed in accordance
with the substantive laws in force in the State of Montana.
11. General Provisions. If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of this Agreement, which shall
remain valid and enforceable according to its terms. This Agreement shall not
prejudice the statutory rights of any party dealing as a consumer. This Agreement
may only be modified by a writing signed by an authorized officer of RemoteScan
Corporation. Updates may be licensed to you by RemoteScan Corporation with additional
or different terms. This is the entire agreement between RemoteScan Corporation
and you relating to the Software and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to the Software.
12. Compliance with Licenses. If you are a business or organization, you agree
that upon request from RemoteScan Corporation or RemoteScan Corporation's authorized
representative, you will within thirty (30) days fully document and certify
that use of any and all Software at the time of the request is in conformity
with your valid licenses from RemoteScan.
If you have any questions regarding this Agreement or if you wish to request
any information from RemoteScan Corporation at 305 South 4th Street East, Suite
200, Missoula, Montana 59801.
RemoteScan is a trademark of RemoteScan Corporation in the United
States and/or other countries.
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