Bits and Bytes
Document Solutions, LLC
End-User License
Agreement
Copyright 2008 Bits and Bytes Document Solutions, LLC. All rights reserved worldwide.
IMPORTANT INFORMATION -- READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal agreement between
you (either an individual or a single entity) and Bits and Bytes Document
Solutions, LLC for the software product entitled, “eForms Express™” which includes eForms Express Custom Applications, eForms Express WS, eForms
Express SBS
computer software and associated media and printed materials (if any), and may
include online or electronic documentation (the
"Software").
By installing, copying, or otherwise using the Software, you agree to be bound
by the terms of this EULA. Accordingly,
if you do not agree to the terms and conditions of this agreement, you are not
authorized to install, copy or use the Software. Bits and Bytes Document Solutions, LLC encourages
you to print and retain this EULA for your records.
As described more fully below, the Software is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties.
The Software is licensed for your use, and is not sold to you. Bits and Bytes Document Solutions, LLC specifically
retains all right, title and interest in and to the Software.
1.
GRANT
OF LICENSE IN SOFTWARE.
The Software is comprised of various components including the executable computer programs, the source code and
any related printed, electronic and online documentation, all of which are licensed as specified
below. Subject
to the terms and restrictions set forth in this EULA, Bits and Bytes Document Solutions, LLC
grants to you and you hereby accept the non-exclusive and non-transferable right to use duly licensed copies of the Software only as
specified in this EULA. You may install
and use one (1) licensed copy of the Software as follows: The Software (eForms Express Custom Applications, eForms Express
WS) may be loaded onto a single computer or workstation providing a single user
with access to the Software. In addition
the Software (eForms Express SBS) may be loaded onto a maximum of two total computers. eForms Express client licenses may be
purchased. The client licenses are only
available when eForms Express SBS version is purchased. You may install and use the Software on
other computers only if you have purchased and are running validly licensed
copies of the applicable Software server or workstation product, and provided
that you use such additional copies of such Software in accordance with the terms
and conditions stated herein. You may also make a single copy of the Software for backup and
archival purposes. You
shall reproduce and maintain the copyright notice on any copy made of the
Software.
2.
LICENSE
OF Third-Party Software. The
Software may incorporate and/ or use certain licensed third-party software to
provide additional functionality to the Software. By accepting this Software license, you are
further accepting the terms and conditions of any licensed third-party software
contained within the Software.
3.
RESTRICTIONS.
You must maintain all copyright notices on all copies of the Software. You shall not distribute copies of the Software
to third parties, except as expressly provided in Section 1. You shall not, and you shall not permit any
third party to, merge the Software into any other software, reverse engineer, de-compile, or
disassemble all or any part of the Software, without the prior written approval
of Bits and Bytes Document Solutions, LLC.
Without limiting the foregoing, you
shall not: (a) lease, license, use, make available, or distribute to any third
party, nor modify all or any part of the Software, nor allow any third
party to do so, except as otherwise expressly permitted herein; (b) use the Software to operate
in, or as, a time-sharing, outsourcing, service bureau, application service
provider, or managed service provider environment; (c) lease, license,
sublicense, use, make available, or distribute the Software as a
general SQL server, as a stand alone application or with applications other
than the Software
as licensed herein; (d) copy the Software onto
any public or distributed network; (e) distribute integrated products pursuant
to a public or open source license; (f) port the Software to any
operating system other than that for which the Software is originally licensed;
or (g) change any proprietary rights notices which appear as part of the Software, or its medium.
4.
TERMINATION. Bits
and Bytes Document Solutions, LLC may immediately terminate this EULA if you
fail to comply with the terms and conditions of this EULA. In the event
that you liquidate, dissolve, bankrupt, or become insolvent, whether
voluntarily or involuntarily, Bits and Bytes Document Solutions, LLC shall have
the right to terminate this License immediately. In
any such event, you must destroy all copies of the Software.
5.
COPYRIGHT
AND OTHER PROPRIETARY RIGHTS. All right, title, and
interest, including copyright(s), in and to the Software and any copies thereof
are owned by Bits and Bytes Document Solutions, LLC, its licensors, or its
suppliers. All title and intellectual
property rights in and to the content which may be accessed through use of the Software
is the property of the respective content owner and is protected by applicable
copyright or other intellectual property laws and treaties. You
agree that the copyright, patent, trade secrets and all other intellectual
proprietary rights of whatever nature in the Software and
related documentation, including derivative works, are and shall remain the
exclusive property of Bits and Bytes Document Solutions, LLC, its licensors,
and its suppliers. Nothing in this EULA
should be construed as transferring any aspects of such rights to you or to any
third-party. Bits and Bytes Document
Solutions, LLC reserves any and all rights not expressly granted herein. eForms
Express™ is a trademark of Bits and Bytes
Document Solutions, LLC. Other marks are
the properties of their respective owners.
You may not use any portion of the Software without the express written
authorization of Bits and Bytes Document Solutions, LLC
6.
EXPORT
RESTRICTIONS. You agree that you will not export or
re-export the Software to any country, person, entity, or end user subject to
7.
DISCLAIMER
OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BITS AND BYTES DOCUMENT SOLUTIONS, LLC, ITS LICENSORS, AND ITS SUPPLIERS PROVIDE
TO YOU THE SOFTWARE, AND ANY (IF ANY) SUPPORT SERVICES
RELATED TO THE SOFTWARE (“SUPPORT SERVICES”) AS-IS AND WITH
ALL-FAULTS; AND BITS AND BYTES DOCUMENT SOLUTIONS, LLC, ITS LICENSORS, AND ITS SUPPLIERS HEREBY
DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES,
DUTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES OR BUGS, LACK OF ERRORS OR OMISSIONS, PERFORMANCE, ACCURACY OR
COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE,
QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH
YOU. BITS AND BYTES
DOCUMENT SOLUTIONS, LLC MAY,
FROM TIME-TO-TIME, REVISE THE SOFTWARE AND, IN SO DOING, SHALL INCUR NO
OBLIGATION TO FURNISH SUCH REVISIONS TO YOU.
8.
EXCLUSION
OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BITS
AND BYTES DOCUMENT SOLUTIONS, LLC, ITS MEMBERS, ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF
CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS
OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE
CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SUPPORT SERVICES, OR THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS EULA, EVEN IF BITS AND BYTES
DOCUMENT SOLUTIONS, LLC,
ITS LICENSORS, OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
9.
LIMITATION
OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF BITS
AND BYTES DOCUMENT SOLUTIONS, LLC, ITS LICENSORS, AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF
THIS EULA, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
10.
MISCELLANEOUS.
Interpretation. No failure, delay or any course of
conduct by any party in exercising any
right, power or privilege hereunder shall operate as a waiver
thereof, nor shall any single or
partial exercise thereof preclude any other or further exercise thereof or the
exercise of any other right, power or privilege. You may not
bring action arising out of this EULA more than one year after the cause of
action has accrued
or reasonably should have been discovered.
Modification. If any term of this EULA shall be held
to be illegal, invalid or unenforceable by a court of competent jurisdiction
then such provision shall be without effect, and, it is the intention of the
parties that the remaining terms hereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining terms shall remain
in full force and effect.
Binding Nature. This EULA will be binding upon and inure to
the benefit of the parties, their respective successors, and permitted assigns.
Except as otherwise provided herein, without the prior written consent of Bits
and Bytes Document Solutions, LLC, you may not assign this EULA or its rights
or obligations under this EULA to any person or party, whether by operation of
law or otherwise; and, any attempt to so assign this EULA without Bits and
Bytes Document Solutions, LLC’s prior written consent shall be null and void.
Governing Law; Attorney Fees. This EULA shall be deemed to have been
executed in the
Notice. Any notice under this EULA shall be delivered
and addressed to Bits and Bytes Document Solutions, LLC at
Entire Agreement. This EULA
contains the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes and merges all prior or contemporaneous communications, agreements and understandings,
whether electronic, oral or written, between the parties with respect to the
subject matter of the EULA. This Agreement
may be amended or modified only in a writing executed by both parties. .
USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS EULA, UNDERSTANDS IT, REPRESENT YOU HAVE AUTHORITY TO ENTER INTO THIS EULA AND AGREES TO BE BOUND BY ITS TERMS, CONDITIONS AND RESTRICTIONS.