LICENSE AGREEMENT, APPLICATION END USER
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU ARE NOT AUTHORIZED TO USE THIS Paper Partner System UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between you and OwnYourPaper (hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying computer Paper Partner System, associated media, printed materials and any "online" or electronic documentation (hereinafter the "Paper Partner System"). By installing the Paper Partner System, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Paper Partner System.
1. Grant of License
The Paper Partner System is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Paper Partner System is licensed, not sold. This EULA grants you the following rights:
A. You may use, access, display and run your Paper Partner System on the servers strictly provided by OwnYourPaper.
B. You may not store or install a copy of the Paper Partner System on a storage device, such as a network server or other Computers over an internal network. In cases where Paper Partners have more than one System, you must have a license for each separate Paper Partner System is run, displayed or utilized from the server or similar device. A license for the Paper Partner System may not be shared or used concurrently on different Paper Partner Systems.
C. Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor.
D. You may not sell, transfer or convey the Paper Partner System to any third party without Licensor's prior express written consent.
2. Price and Payment
Our license requires a setup fee and a monthly subscription which varies depending on the package you select. All setup fees are non refundable and subscriptions can be canceled at any time although monthly subscriptions are ongoing for as long as you are operating a Paper Partner System.
3. Support Services
Licensor may provide you with support services related to the Paper Partner System ("Support Services"), through the Paper Partner Portal. Use of Support Services, is governed by Licensor's policies and programs described in any users manual, in online documentation, and/or in other Licensor-provided materials. Any supplemental Paper Partner System code provided to you as a part of Support Services will be considered part of the Paper Partner System and subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
4. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Paper Partner System. When accepted by you, any such replacement or modified Paper Partner System code or upgrade to the Paper Partner System will be considered part of the Paper Partner System and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the Paper Partner System).
5. Termination
You may terminate this EULA at any time by contacting OwnYourPaper through the Paper Partner Portal. Your license to the Paper Partner System automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Paper Partner System from your computer and destroy any copies of the Paper Partner System in your possession.
6. Copyright
A. All title and copyrights in and to the Paper Partner System (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Paper Partner System), the accompanying printed materials, and any copies of the Paper Partner System, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Paper Partner System contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Paper Partner System.
B. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Paper Partner System in whole or part, transmit or communicate the application over a network.
7. Export Restrictions
You may not export, ship, transmit or re-export Paper Partner System in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.
8. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE Paper Partner System "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Paper Partner System IS WITH YOU.
9. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE Paper Partner System AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Arbitration
Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of North Carolina. The arbitration will be held in North Carolina. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
11. Severability
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
12. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
13. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
By clicking the ?I accept? button below, you agree to the terms of this EULA.