Docsvault Software Licence | Small Business Edition

SOFTWARE LICENSE AGREEMENT FOR DOCSVAULT SMALL BUSINESS EDITION

NOTICE TO PURCHASER

SOFTWARE LICENSE AGREEMENT FOR DOCSVAULT SMALL BUSINESS EDITION

IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) (HEREAFTER REFERRED TO AS "YOU" OR "LICENSEE") AND EASY DATA ACCESS, LLC. ("EDA" OR "LICENSOR") FOR THE SOFTWARE IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.

TO VIEW THIS ENTIRE LICENSE AGREEMENT USE THE SCROLL BAR ON THE RIGHT OR THE UP/DOWN ARROW KEYS.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. LICENSE. EDA grants you a non-exclusive, non-transferable license to do the following: (i) reproduce and use the Software on a single computer for your personal use or business use; (ii) copy the Software for back-up or archival purposes in accordance with your standard back-up or archival procedures. Use, for the purpose of this license, means the loading, utilization, storage or display of the Software

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the Software, or authorize any third party to do any of the foregoing (ii) modify, or create derivative works based upon the Software, in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. EDA reserves any rights in the Software not expressly granted to you in this EULA.

Termination: EDA may terminate this EULA if you fail to comply with any of its terms and conditions. Upon notification of such termination, you must destroy all copies of the Software and all of its component parts.

3. INTELLECTUAL PROPERTY RIGHTS. All interest in any copyrights, patents, trade secrets, trademarks and any other intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying materials (if any), and any copies of the Software, are owned by EDA or its suppliers. Therefore, you must treat the Software like any other material protected by intellectual property laws. Firebird source code is available under the Interbase public license from www.firebirdsql.com. Dotlucene code is available under apache license from www.dotlucene.net.

4. U.S. GOVERNMENT END USERS. The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Easy Data Access, LLC. 8014 Black Horse Pike, W. Atlantic City, NJ 08232, USA.

5. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. LICENSOR, ITS SUPPLIERS AND DISTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THIRTY (30) DAYS FROM THE DATE LICENSEE FIRST INSTALLED THE SOFTWARE ON LICENSEE'S COMPUTER; PROVIDED, HOWEVER, THAT LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND LICENSOR'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT LICENSOR WILL, AT ITS OPTION, REPAIR OR REPLACE LICENSEE'S COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND ANY AMOUNTS ALREADY PAID THEREFOR BY LICENSEE.

6. LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR, ITS SUPPLIERS DISTRIBUTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 LICENSEE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE.

LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WOULD NOT PROVIDE THE SOFTWARE TO LICENSEE FREE OF CHARGE IF LICENSEE DID NOT AGREE TO THE "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" PROVISIONS IN THIS AGREEMENT.

7. EXPORT LAW AND DISTRIBUTION. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.

The Software may be freely distributed provided that it is not modified in any ways and that the original distribution packages remain intact with all accompanying files, and provided that no fee is charged (except for any reasonable fees necessary to cover costs of distribution media), and that this license agreement is not violated in any ways.

8. GENERAL. This License Agreement is the complete and exclusive statement of the agreement between EDA and LICENSEE. This License Agreement and the respective rights, duties, obligations and liabilities of EDA and the LICENSEE will be governed by the laws of the United States of America and of the State of Missouri. To the extent permitted by law, the provisions of this License Agreement shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Software in any competent jurisdiction. This Agreement may not be amended, modified or supplemented by the parties in any manner, except by a written instrument signed by an authorized officer of EDA. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorized officer of EDA. This Agreement will inure to the benefit of each party’s successors and assigns, subject to the limitations on assignments as set forth in this License Agreement.

If you have any questions concerning this License Agreement, or if you desire to contact EDA for any reason, please contact EDA in writing at 8014 Black Horse Pike, W. Atlantic City, NJ 08232, USA.