End user agreement for Printer Discovery Tool Pro
Printer Discovery Tool
Software License Agreement
1. Definition of Terms
Throughout this Agreement the following is true: PDT is an abbreviation of Printer Discovery Tool Professional Edition, being the software this Agreement accompanies, PDT may also by known as Software. Shareware defines the software as a purchasable product, to make use of the full version’s features the user must have legally purchased the software from Mattastic Software, or from an authorised reseller, doing so obtains a license as set out in this Agreement to use the Software. “Demo” refers to a trial demonstration version of the software that is available for free download and is feature limited. “Customer” or “Client” refers to the Licensee of the full version of the Software, be they an individual or company.
The Printer Discovery Tool software, including but not limited to the code, graphics, and any associated files and documentations is owned by Mattastic Software and is protected by copyright laws.
3. Trial Version
This product is copyrighted shareware, not public-domain software. You may use the demonstration (demo) version freely at no charge. The demo version is limited to scan only a few IP addresses in any given range and will not scan more than this limit.
The software license can be purchased in one of three ways:
4.1 Single Computer License
The customer may purchase the software for installation on one and only one computer. This limit must never be exceeded without the purchase of further licenses, or the explicit authorisation of Mattastic Software.
4.2 5-Computer License
The customer may purchase the software for installation on up to and including 5 computers, this limit must never be exceeded without the purchase of further licenses, or the explicit authorisation of Mattastic Software.
4.3 Site License
The customer may purchase a site license which may offer discount over purchasing many install-limited licenses. This license permits the customer to install the software on any computer they own, or have on loan from another company.
4.4 General License Agreement
This section applies to sections 4.1 (Single Computer License), 4.2 (5-Computer License) and 4.3 (Site License).
The license requires that the software be removed prior to the computer being used by any non-member of the company. Also, the software must not be used to connect to any computer outside of the company’s responsibility. The customer may not give copies of the full version of PDT to anyone outside the organisation and location(s) that licensed it. The customer’s subcontractors, agents, and consultants may not install PDT on their computers under the customer’s site license, but should purchase their own or use it on the customer’s computers.
The customer may not rent, lease, sell, sublicense, redistribute, lend or otherwise transfer PDT or any portion thereof if not expressly allowed in the stipulations of this Agreement.
5. Source Code
Printer Discovery Tool Pro is a closed source application. It is absolutely forbidden to reverse engineer, disassemble, decompile, alter, or translate PDT, or otherwise attempt to derive the source code of PDT.
6. License Protection
Mattastic Software reserves the right to implement distribution specific identification features which may allow Mattastic Software to identify from where illegally distributed versions of the Software originated.
Any versions distributed outside of the terms of this Agreement will result in the customer’s license being terminated in accordance with Section 11, and legal action being pursued by Mattastic Software against the customer.
7. Upgrade Eligibility
Once the user has purchased either of the licenses listed in section 4, they are eligible to receive cost free upgrades within the generation of the Software they have purchased. The generation of the Software is recognisable by the leading number of the Software version number string (for example Software version 1.2.4 is of generation 1).
Upgrades to the next generation may be available without cost, or for a non-fixed upgrade price at the discretion of Mattastic Software.
8. Limitation of Warranty and Liability
The Printer Discovert Tool Pro is licensed to the customer on an “AS IS” basis.
Except as expressly provided herein, Mattastic Software makes no other warranties, either Express or Implied, regarding the Software, including but not limited to its merchantability or its fitness for any particular purpose.
The customer takes note of the fact that the Software is neither developed nor intended for high risk activities such as in the operation of nuclear facilities, aircraft navigation, traffic control, direct life support machines, or weapon systems, in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage. Any liability therefore is excluded.
To the maximum extent permitted by law Mattastic Software excludes any liability for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement.
9. Intellectual Property
Mattastic Software warrants it has the right and authority to license the Software to the customer in accordance with the terms herein. Mattastic Software has full power and authority to grant the customer the rights granted herein. Mattastic Software warrants that the performance of the terms herein and of Mattastic Software duties to the customer hereunder will not breach any separate agreement or arrangement by which Mattastic Software is bound.
10. No Infringement
Mattastic Software warrants that the Software delivered to the customer hereunder do not violate or infringe any patent, copyright, trade secret or other proprietary right of any third party, and that Mattastic Software is not aware of any facts upon which such a claim for infringement could be based.
If the customer fails to comply with any term of this Agreement, this Agreement is terminated and the customer has no further right to use the Software.
On termination, the customer shall have no claim on or arising from the Software. The Software and any copies shall be destroyed.
The Software is not available to those not permitted by laws to have access to the Software.
The Software is obtained via Internet download.
13. Entire Agreement
This Agreement constitutes the entire agreement between the customer and Mattastic Software. It replaces all other representations. All modifications or extensions of this Agreement need to be put down in writing.
14. Construction Clause
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement with continue in full force and effect.
15. Legal Domicile and Applicable Law
Legal domicile is the United Kingdom. This Agreement is made and shall be construed in accordance with the laws of the United Kingdom (excluding the U.N. Convention on Contracts for the International Sale of Goods).