End user agreement for DocShield
This end user license agreement is the legal agreement ("Agreement") between you, the user who has acquired the software ("You") and PanIO Systems ("PanIO"). Please read this agreement carefully.
PanIO Systems is only willing to provide the software to you on the condition that you accept all of the terms contained in this agreement. You accept this agreement by installing or using the software.
If you did not acquire the software from PanIO Systems or an authorized PanIO source, then you may not enter into this agreement or use the software. No other party has the right to transfer a copy of the software to you.
If you have any questions or concerns about this agreement, please contact PanIO Systems at firstname.lastname@example.org.
1. Product Overview. DocShield is a software program used to protect documents on a computer system from accidental erasure or deletion by maintaining archives of those documents as they change through time.
2.1 DocShield Software. Subject to the other terms and conditions of this Agreement, PanIO grants you a non-exclusive, non-transferable, limited, worldwide license during the term of this Agreement to install DocShield and execute its software program for personal, non commercial use. For all other uses you may execute the software for evaluation purposes only for a period not to exceed 30 days. After the 30 day period you must stop using the software, or purchase a commercial license.
2.2 Backups. You may make a reasonable number of backup copies of the Software during the term of this Agreement so long as such backups are used solely to replace lost or damaged copies of the Software that have been installed in accordance with the license of Section 2.1.
3. Restrictions on Use. You may not do (or permit others to do) any of the following: (a) modify, adapt, alter, translate, or create derivative works of the Software; (b) use the Software for any purpose other than to protect documents in accordance with the accompanying documentation; (c) sublicense, lease, rent, lend, assign or otherwise transfer the Software or your rights hereunder to any third party; (d) make the Software accessible to third parties such as on a hosted or timesharing basis; (d) reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code of the Software except and only to the limited extent that such activities are expressly permitted by applicable law notwithstanding this limitation; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of PanIO Systems or its suppliers on, in or displayed by the Software; (f) circumvent, or provide or use a program intended to circumvent, technological measures (such as activation codes) provided by PanIO Systems to control installation and use of the Software or other programs; or (g) reproduce or use the software except as expressly permitted in Section 2. The Software is licensed for your internal use only.
4. DISCLAIMER OF WARRANTY. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. PANIO SYSTEMS HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF THE SOFTWARE. TO THE EXTENT THAT PANIO SYSTEMS MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
5. LIMITATION OF LIABILITY. IN NO EVENT UNLESS REQUIRED BY LAW WILL PANIO SYSTEMS (OR ANY SUPPLIER, AFFILIATE OR RESELLER OF PANIO SYSTEMS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, NEGLIGENCE, FAILURE TO MEET ANY DUTY OF CARE OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF PANIO SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT OR OTHERWISE. YOU ACKNOWLEDGE THAT PANIO SYSTEMS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
6. Termination. Without prejudice to any other rights, PanIO Systems may cancel this agreement if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. Sections 1, 3, 4, 5, 6 and 7 will survive expiration or termination of this Agreement for any reason.
7.1 Ownership. The Software (exclusive of its physical packaging if any) is licensed. It is not sold, even if for convenience we make reference to words such as "sale" or "purchase". The Software is protected by copyright and other intellectual property rights. You agree that all worldwide copyright and other intellectual property rights in the Software, and all copies of the Software however made, are the exclusive property of PanIO Systems. All rights in and to the Software not expressly granted to you in this Agreement are reserved by PanIO Systems. There are no implied licenses under this Agreement. No rights are granted under this Agreement to any source code.
7.2 Services. There are no services provided under this Agreement. Support, maintenance and other services, if available, must be purchased separately from PanIO Systems.
7.3 Choice of Law. This Agreement will be governed by the laws of the State of Texas without giving effect to any choice of law principles that would require the application of the laws of a different state or country. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to this Agreement.
7.4 Venue. Any legal action between you and PanIO Systems arising out of this Agreement or your use of the Software must be instituted exclusively in the federal or state courts located in williamson County, Texas, and you consent to exclusive jurisdiction and venue in such courts.
7.5 Compliance with Laws. You will comply with all applicable export and import control laws and regulations in your use or re-exportation of the Software and, in particular, you will not export or re-export the Software without all required government licenses. You will defend, indemnify, and hold harmless PanIO Systems and its suppliers from and against any violation of such laws or regulations by you.
7.6 Relationship between the Parties. The parties are independent contractors and neither party is the agent, partner, employee, fiduciary or joint venturer of the other party under this Agreement. You may not act for, bind, or otherwise create or assume any obligation on behalf of PanIO Systems. There are no third party beneficiaries under this Agreement.
7.7 Assignments. You may not assign or transfer, by operation of law or otherwise, your rights under this Agreement (including your licenses with respect to the Software) to any third party without PanIO Systems' prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void. PanIO Systems may freely assign its rights or delegate its obligations under this Agreement.
7.8 Language. This Agreement is in the English language and its English language version will be controlling over any other translation, except as otherwise required by applicable law.
7.9 Entire Agreement. This Agreement constitutes the final and entire agreement between the parties regarding the subject of this Agreement and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms of any purchase order or similar document submitted by you to PanIO Systems will have no effect.
Copyright (C) 2006 PanIO Systems
DocShield is a trademark of PanIO Systems