Permitted Number of Computers = 1 (one)
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Vividata LLC ("Vividata") End User License Agreement accompanies software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by Vividata.
Vividata grants to you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software.
· You may install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated at the top ("Permitted Number of Computers") of this Agreement.
· Provided the Software is configured for network use, you may install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
(1) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
(2) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
· You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer and its use is controlled by the Vividata-supplied license manager and key(s).
FONT SOFTWARE. If the Software includes font software, you may:
· Use the font software as described above on the Permitted Number of Computers and output such font software on any output devices connected to such computers.
· If the Number of Permitted Computers is five or fewer, download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Number of Permitted Computers.
· Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process your file, provided such service bureau has informed you that it has purchased or been granted a license to use that particular font software.
· Convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of Computers. You agree that use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement, that such font software may be used only for your own customary internal business or personal use and that such font software may not be distributed or transferred for any purpose, except in accordance with Paragraph 3 below.
2. Copyright. The Software is owned by Vividata and its suppliers, and its structure, organization and code are the valuable trade secrets of Vividata and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in the "Use of the Software" section, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If the Software includes, or, in connection with the acquisition of the Software you receive, two or more operating environment versions of the Software (e.g. SunOS and Solaris™ 2.x), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.
5. Limited Warranty. Vividata warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. This warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Vividata's option, the replacement of the Software or the refund of the license fee you paid for the Software. Vividata AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR VIVIDATA'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, VIVIDATA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Vividata's Customer Support Department.
6. Limitation of Liability. IN NO EVENT WILL VIVIDATA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VIVIDATA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Governing Law and General Provisions. This Agreement will
be governed by the laws in force in the State of California
excluding the application of its conflicts of law rules. This
Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application
of which is expressly excluded. If any part of this Agreement
is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. 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. This Agreement shall automatically terminate upon
failure by you to comply with its terms. This Agreement may
only be modified in writing signed by an authorized officer
8. Notice to Government End Users. If this product is acquired under the terms of a:
GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract;
DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013;
Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.
Unpublished-rights reserved under the copyright laws of the United States. Vividata LLC, 1300 66th Street, Emeryville, CA, 94608.
The Vividata name and logo are trademarks of Vividata LLC
© 1992-2003 Vividata LLC All rights reserved.
Please contact Vividata Support and Sales for a generic copy our OEM License Agreement. Vividata is able to generate custom agreements based upon the specific needs of each unique OEM application. If you are a qualified OEM or a custom developer requiring an OEM License Agreement for distribution of our products, please contact us to receive a template and boilerplate of the OEM License Agreement, in advance, for your review.
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The following are claimed as trademarks by their respective trademark owners:
Vividata, vividX, PShop, and PhotoRI are a trademarks and FaxShop, OCR Shop, ScanShop, and Vividriver are registered trademarks of Vividata LLC PShop is the product formerly known as PostShop.
ScanSoft®, the ScanSoft logo, OmniPage® and Image Assistant® are registered trademarks of ScanSoft Corporation. AnyFax technology™, AnyFont technology™, AutoOCR Toolbar™, Language Analyst™, True Page™, Quadratic Neural Network™, Page Parser™, Direct Input™, and 3D OCR™ are trademarks of ScanSoft Corporation.
Sun™, Sun Microsystems, Sun Microsystems Computer Corporation, the Sun logo, the Sun Microsystems Computer Corporation logo, Solaris, Sun WorkShop, Sun Performance WorkShop, Sun Performance Library, Sun Visual WorkShop, Java, and The Network Is the Computer are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.
All SPARC® trademarks, including the SCD Compliant Logo, are trademarks or registered trademarks of SPARC International, Inc. SPARCstation, SPARCserver, SPARCengine, SPARCworks, and SPARCompiler are licensed exclusively to Sun Microsystems, Inc. Products bearing SPARC trademarks are based upon an architecture developed by Sun Microsystems LLC More information: SPARC International Trademarks.
The OPEN LOOK®, and Sun™ Graphical User Interfaces were developed by Sun Microsystems LLC for its users and licensees. Sun acknowledges the pioneering efforts of Xerox® in researching and developing the concept of visual or graphical user interfaces for the computer industry. Sun holds a non-exclusive license from Xerox to the Xerox Graphical User Interface, which license also covers Sun's licensees who implement OPEN LOOK GUIs and otherwise comply with Sun's written license agreements.
Open Software Foundation®, OSF®, the OSF logo, OSF/1®, OSF/Motif®, Motif®, X/Open®, and UNIX® are registered trademarks, and The Open Group™, the "X" device, X Consortium™, and X Window System™ are trademarks, of The Open Group.
UNIX® is a registered trademark in the United States and other countries, licensed exclusively through X/Open Company Limited.
In the event that a Vividata product's marketing or other materials make use of the "AIX READY" mark the following notice applies: "IBM Corporation does not warrant and is not responsible for the operation of this Software, which carries the AIX READY trademark of the IBM Corporation used under license."
PowerPC® is a trademark of the International Business Machines Corporation.
PostScript® is a trademark of Adobe Systems Incorporated which may be registered in certain jurisdictions. Also Adobe, Acrobat, Acrobat Reader, PhotoShop, and others. See www.adobe.com/misc/trademarks.html for an amazing list.
Microsoft®, Windows NT®, Windows®, and MS Windows® are U. S. registered trademarks of Microsoft Corporation.
Linux is a trademark of Linus Torvalds.
All other product names mentioned herein are the trademarks of their respective owners. All other trademarks are the property of their respective owners.
Subject to change without notice. Contact your national government trademark office for additional details.