SOFTWARE LICENSE AGREEMENT FOR DOCSVAULT

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 REGISTERING FOR THE SOFTWARE, 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.


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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. Parts of Docsvault use the free Tesseract OCR engine under the Apache License 2.0. Visit http://code.google.com/p/tesseract-ocr/ for more information.


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. API Terms & Conditions

API Availability: >EDA  provides access to certain Docsvault APIs (refers to all of Docsvault’s tools, code, including programmatic REST Services API), which allow you to access your Docsvault account and your data via Docsvault’s application program interface that allows integration with your systems and the Docsvault Service to send, track and receive Content and Documents (“Docsvault API(s)”). Any use of the Docsvault APIs, including use of the Docsvault API through a Third-Party Service and/or third party product that accesses the Docsvault Service, is bound by this Agreement plus the following specific terms:
Developer API Keys: In order to access the Docsvault API, you must obtain an API activation license from EDA. You will be issued one or more unique activation keys for accessing Docsvault API. You may only access the Docsvault API with the Keys issued to you by EDA. You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party. You are responsible for maintaining the secrecy and security of your Keys. You are fully responsible for all activities that occur using your Keys, regardless of whether such activities are undertaken by you or a third party. 


API Modification:
EDA reserves the right to modify the API, and to release subsequent versions of the API; these changes may on occasion be without notice. You may be required to obtain and use the most recent version of the API in order to obtain functionality of your Application with the Service. 

API Prohibited Uses:
Docsvault API is made available with charges to developers and customers in order to permit developers to create Applications that are used for integration and data exchange purposes only and not used for replacing Docsvault clients or circumvent the user licensing in any way. Creating an application for sharing or exchanging Docsvault data among non-licensed users from a common interface or middleware is against the licensing terms and is strictly prohibited. Without limiting other restrictions in this Agreement, you agree that: (i) the Docsvault API may not be used to create Applications that offer or promote services that may be damaging to, disparaging of or otherwise detrimental to EDA. or its licensors, licensees, affiliates and partners; and (ii) the Docsvault API may not be used, displayed, mirrored or framed for or to create Applications that transfer, display or use Content [including in meta-tags or hidden text] from Docsvault without the Application creating an additional or distinct benefit for Docsvault’s end users’ use of the Service and (iii) the Docsvault API may not be used, that violates any law or regulation; or (iv) that interferes with the operation of any Docsvault Product.

Monitoring Use of the Docsvault API:
You agree to provide EDA with access to your Application and/or other materials related to your use of the Docsvault API as reasonably requested by us to verify your compliance with this Agreement.  You agree that EDA may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by EDA.

API Usage Limitations:
EDA may limit the number of requests that your Application may make via the API, and /or maximum file size, and/or the maximum Content that may be accessed or anything else about API and the content it accesses as EDA deems appropriate, in its sole discretion; these limitation may on occasion be without notice.

API Support:
EDA is permitted to charge fees for providing you with support, software upgrades, enhancements or modifications for Docsvault APIs.  EDA is not obligated to provide support for any APIs or any integrations created by you based in whole or in part on any APIs. You are solely responsible for providing user support and any other technical assistance for your Application.

API Termination, Suspension, Limitation, Modification:
As a condition to the license granted to you, you acknowledge and agree that EDA reserves the right to change all or any part of this License, to suspend, limit or disable access to the Docsvault API or databases, Files, data or content accessible through the Docsvault API, and/or to terminate this License, in each case at any time with or without cause and without liability to you. Your rights to use the Docsvault API shall automatically terminate upon (i) your violation of provision of this License; (ii) EDA notice of termination; and (iii) EDA election to disable your use of the Docsvault API. Any notice of changed terms or of termination may be provided by any means including, without limitation, by electronic mail, or by simply referencing a posted, newly revised version of the Agreement on its website. It is your responsibility to review the most updated version thereof.

9. 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 New Jersey.  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 222 New Road, Linwood, NJ 08221, USA.


© Easy Data Access, LLC.  All rights reserved.  "Docsvault" are trademarks of Easy Data Access, LLC.