Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE
Single User License Grant: Magic Document Solutions Inc.
("Magic Document Solutions") and its suppliers grant to Customer
("Customer") a nonexclusive and nontransferable license to use
the Magic Document Solutions software ("Software") in object
code form solely on a single central processing unit owned or
leased by Customer or otherwise embedded in equipment provided
by Magic Document Solutions.
Multiple-Users License Grant: Magic Document Solutions Inc.
("Magic Document Solutions") and its suppliers grant to Customer
("Customer") a nonexclusive and nontransferable license to use
the Magic Document Solutions software ("Software") in object
code form: (i) installed in a single location on a hard disk or
other storage device of up to the number of computers owned or
leased by Customer for which Customer has paid a license fee
("Permitted Number of Computers"); or (ii) provided the Software
is configured for network use, installed on a single file server
for use on a single local area network for either (but not both)
of the following purposes: (a) permanent installation onto a
hard disk or other storage device of up to the Permitted Number
of Computers; or (b) use of the Software over such network,
provided the number of computers connected to the server does
not exceed the Permitted Number of Computers. Customer may only
use the programs contained in the Software (i) for which
Customer has paid a license fee (or in the case of an evaluation
copy, those programs Customer is authorized to evaluate) and
(ii) for which Customer has received a product registration key
("PRK"). Customer grants to Magic Document Solutions or its
independent accountants the right to examine its books, records
and accounts during Customer's normal business hours to verify
compliance with the above provisions. In the event such audit
discloses that the Permitted Number of Computers is exceeded,
Customer shall promptly pay to Magic Document Solutions the
appropriate licensee fee for the additional computers or users.
At Magic Document Solutions' option, Magic Document Solutions
may terminate this license for failure to pay the required
license fee.
Customer may make one (1) archival copy of the Software provided
Customer affixes to such copy all copyright, confidentiality,
and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY,
IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE
SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION
OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE
DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials,
including the specific design and structure of individual
programs, constitute trade secrets and/or copyrighted material
of Magic Document Solutions. Customer agrees not to disclose,
provide, or otherwise make available such trade secrets or
copyrighted material in any form to any third party without the
prior written consent of Magic Document Solutions. Customer
agrees to implement reasonable security measures to protect such
trade secrets and copyrighted material. Title to Software and
documentation shall remain solely with Magic Document Solutions.
LIMITED WARRANTY. Magic Document Solutions warrants that for a
period of ninety (90) days from the date of shipment from Magic
Document Solutions: (i) the media on which the Software is
furnished will be free of defects in materials and workmanship
under normal use; and (ii) the Software substantially conforms
to its published specifications. Except for the foregoing, the
Software is provided AS IS. This limited warranty extends only
to Customer as the original licensee. Customer's exclusive
remedy and the entire liability of Magic Document Solutions and
its suppliers under this limited warranty will be, at Magic
Document Solutions or its service center's option, repair,
replacement, or refund of the Software if reported (or, upon
request, returned) to the party supplying the Software to
Customer. In no event does Magic Document Solutions warrant that
the Software is error free or that Customer will be able to
operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been
altered, except by Magic Document Solutions, (b) has not been
installed, operated, repaired, or maintained in accordance with
instructions supplied by Magic Document Solutions, (c) has been
subjected to abnormal physical or electrical stress, misuse,
negligence, or accident, or (d) is used in ultra hazardous
activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY
EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL Magic Document Solutions OR ITS SUPPLIERS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF Magic
Document Solutions OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall Magic Document
Solutions' or its suppliers' liability to Customer, whether in
contract, tort (including negligence), or otherwise, exceed the
price paid by Customer. The foregoing limitations shall apply
even if the above-stated warranty fails of its essential
purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any
software made available for testing or demonstration purposes,
any temporary software modules or any software for which Magic
Document Solutions does not receive a license fee. All such
software products are provided AS IS without any warranty
whatsoever.
This License is effective until terminated. Customer may
terminate this License at any time by destroying all copies of
Software including any documentation. This License will
terminate immediately without notice from Magic Document
Solutions if Customer fails to comply with any provision of this
License. Upon termination, Customer must destroy all copies of
Software.
Software, including technical data, is subject to U.S. export
control laws, including the U.S. Export Administration Act and
its associated regulations, and may be subject to export or
import regulations in other countries. Customer agrees to comply
strictly with all such regulations and acknowledges that it has
the responsibility to obtain licenses to export, re-export, or
import Software.
This License shall be governed by and construed in accordance
with the laws of the State of California, United States of
America, as if performed wholly within the state and without
giving effect to the principles of conflict of law. If any
portion hereof is found to be void or unenforceable, the
remaining provisions of this License shall remain in full force
and effect. This License constitutes the entire License between
the parties with respect to the use of the Software.
Restricted Rights - Magic Document Solutions' software is
provided to non-DOD agencies with RESTRICTED RIGHTS and its
supporting documentation is provided with LIMITED RIGHTS. Use,
duplication, or disclosure by the Government is subject to the
restrictions as set forth in subparagraph "C" of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19.
In the event the sale is to a DOD agency, the government's
rights in software, supporting documentation, and technical data
are governed by the restrictions in the Technical Data
Commercial Items clause at DFARS 252.227-7015 and DFARS
227.7202. Manufacturer is Magic Document Solutions Inc.