End User License Agreement

PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT:  This End-User license Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) PerfecTech ("PT") that governs your use of the software product (ÒSoftwareÓ).  This EULA does not apply if there is a separate license agreement between you and PT or its suppliers for the Software, including a license agreement in online documentation. The term "Software" may include (i) associated media, (ii) a user guide and other printed materials, and (iii) "online" or electronic documentation (collectively ÒUser DocumentationÓ). 

RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA.  BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA.  IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE.  IF YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO THIS EULA, PLEASE RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A REFUND OF THE PURCHASE PRICE; IF THE SOFTWARE IS INSTALLED ON OR MADE AVAILABLE WITH ANOTHER PT PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT.    

"1. THIRD PARTY SOFTWARE.  The Software may include, in addition to PT proprietary software (ÒPT SoftwareÓ), software under licenses from third parties (ÒThird Party SoftwareÓ and ÒThird Party LicenseÓ). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License.  Generally, the Third Party License is located in a file such as license.txt; you should contact PT support if you cannot find any Third Party License.  If the Third Party Licenses include licenses that provide for the availability of source code (such as the GNU General Public License) and the corresponding source code is not included with the Software, then check the product support pages of PT's website (hp.com) to learn how to obtain such source code."

 

2. LICENSE RIGHTS.  You will have the following rights provided you comply with all terms and conditions of this EULA:

a. Use.    PT grants you a license to Use one copy of the PT Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using the PT Software. You may not modify the PT Software or disable any licensing or control feature of the PT Software.  If this Software is provided by PT for Use with an imaging or printing product (for example, if the Software is a printer driver, firmware, or add-on), the PT Software may only be used with such product (ÒPT ProductÓ).  Additional restrictions on Use may appear in the User Documentation.  You may not separate component parts of the PT Software for Use.  You do not have the right to distribute the PT Software. 

b. Copying.  You right to copy means you may make archival or back-up copies of the PT Software, provided each copy contains all the original PT Software's proprietary notices and is used only for back-up purposes.

 

3. UPGRADES.  To Use PT Software provided by PT as an upgrade, update, or supplement (collectively ÒUpgradeÓ), you must first be licensed for the original PT Software identified by PT as eligible for the Upgrade.  To the extent the Upgrade supersedes the original PT Software, you may no longer use such PT Software.   This EULA applies to each Upgrade unless PT provides other terms with the Upgrade.  In case of a conflict between this EULA and such other terms, the other terms will prevail.

4. TRANSFER.

a. Third Party Transfer.  The initial end user of the PT Software may make a one-time transfer of the PT Software to another end user.  Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity.  The transfer may not be an indirect transfer, such as a consignment.  Prior to the transfer, the end user receiving the transferred Software will agree to this EULA.  Upon transfer of the PT Software, your license is automatically terminated.

b. Restrictions.  You may not rent, lease or lend the PT Software or Use the PT Software for commercial timesharing or bureau use.  You may not sublicense, assign or otherwise transfer the PT Software except as expressly provided in this EULA.

5. PROPRIETARY RIGHTS.  All intellectual property rights in the Software and User Documentation are owned by PT or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws.  You will not remove any product identification, copyright notice, or proprietary restriction from the Software.

6. LIMITATION ON REVERSE ENGINEERING.  You may not reverse engineer, decompile, or disassemble the PT Software, except and only to the extent that the right to do so is allowed under applicable law.

7. CONSENT TO USE OF DATA.  PT and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the PT Product, or (ii) the provision of support services related to the Software or the PT Product.  All such information will be subject to PTÕs privacy policy.  PT will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.

8. LIMITATION OF LIABILITY.  Notwithstanding any damages that you might incur, the entire liability of PT and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

9. U.S. GOVERNMENT CUSTOMERS.  If you are a U.S. Government entity, then consistent with FAR 12.211 and FAR 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed under the applicable PT commercial license agreement.

10. COMPLIANCE WITH EXPORT LAWS.  You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.

11. RESERVATION OF RIGHTS.  PT and its suppliers reserve all rights not expressly granted to you in this EULA.

 

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