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END-USER LICENSE AGREEMENT for PageGate
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
NotePage, Inc.'s End-User License Agreement ("EULA" or “AGREEMENT”) is a binding legal agreement between you (“END-USER”) (either an individual or a single entity) and NotePage, Inc. for the NotePage software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and NotePage, Inc., (referred to as "licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
By downloading/installing or using the SOFTWARE PRODUCT, you (a) acknowledge that you have read and understand this AGREEMENT; (b) represent that you are 18 years of age or older; and (c) accept this AGREEMENT and agree that you are legally bound by its terms. If you do not agree to these terms. Do not download, install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. NotePage, Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95®, Windows NT®, Windows 98®, Windows ME®, Windows XP®, Windows 2000®, Windows 2010®]. (b) Non-Transferable. The SOFTWARE PRODUCT license is non-transferable. (c) Proper Licensing. A single SOFTWARE PRODUCT license is for a single installation, at a single location, if you wish to run the software at multiple locations and multiple instances of the server software, you must purchase additional SOFTWARE PRODUCT license(s) . (d)Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be required by law and necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices. You must not remove, delete, alter or obscure any copyright notices or trademarks on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions are available for download from NotePage, Inc.'s websites may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble, decode or otherwise attempt to derive or gain access to the source code of the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental or Assignment. You may not rent, lease, lend, sublicense, transfer or assign the SOFTWARE PRODUCT. (e) Modifications You may not modify, translate, adapt or otherwise create derivative works or improvements of the SOFTWARE PRODUCT. (f) Security or Licensing You may not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, licensing or security features in the SOFTWARE PRODUCT. (g) Support Services. NotePage, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (h) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERM AND TERMINATION Without prejudice to any other rights, NotePage may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession. (a) The term of this agreement commences when you download/install the SOFTWARE PRODUCT (b) The END-USER may terminate this agreement by deleting the SOFTWARE PRODUCT and all copies from all computers. (c) NotePage may terminate this AGREEMENT at any time without notice if it ceases to support the SOFTWARE PRODUCT, which NotePage may do at its sole discretion. (d) NotePage may terminate this AGREEMENT with or without notice if the END-USER violates any of the terms and conditions of this AGREEMENT. (e) NotePage reserves the right to terminate support to any END-USERS that violate the terms of this AGREEMENT. (f) Upon Termination (i) all rights granted to you under this AGREEMENT will also terminate (ii) the END-USER must cease all use of the SOFTWARE PRODUCT and delete all copies of the SOFTWARE PRODUCT. (g) Termination will not limit any of NotePage’s rights or remedies.
4. COPYRIGHT All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by NotePage, Inc. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by NotePage, Inc.
5. THIRD PARTY COMPONENTS The SOFTWARE PRODUCT may contain third-party components. NotePage does not assume and will not have any liability or responsibility to any entity for any third party components.
6. NO WARRANTIES NotePage, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. NotePage does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. NotePage, Inc. does not have any liability arising from or related to the END-USERS use of or inability to use the SOFTWARE PRODUCT. NotePage makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. NotePage further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY In no event shall NotePage, Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if NotePage, Inc. has been advised of the possibility of such damages. In no event will NotePage be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. NotePage, Inc. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. NotePage, Inc. shall not have any liability for any personal injury, property damage, lost profits, cost of substitute goods or serves, loss or corruption of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages that results from the use or inability to use the SOFTWARE PRODUCT.
8. INDEMNIFICATION The END-USER agrees to indemnify, defend and hold harmless NotePage, Inc. and its officers, directors, employees, agents, affiliates, service providers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorney’s fees, arising from or relating to te END-USERS use or misuse of the SOFTWARE PRODUCT or the END-USERS breach of this AGREEMENT.
9. UPGRADES NotePage may from time to time in its sole discretion develop and release upgrades to the SOFTWARE PRODUCT, the upgrades, may include updates, upgrades, bug fixes, patches and other error corrections and/or new features (collectively including related documentation). Upgrades may also modify or delete in their entirety certain features and functionality. NotePage has no obligation to provide upgrades or to continue to provide or enable any particular features or functionality. NotePage may charge for upgrades. All Upgrades will be deemed part of the SOFTWARE PRODUCT and may be subject to all terms and conditions of this AGREEMENT.
10. REVISIONS TO EULA NotePage may revise this EULA at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to this EULA. Continued use of the SOFTWARE PRODUCT after a change to the EULA constitutes your binding acceptance of this EULA.
11. GOVERNING LAW This Agreement is governed by and construed in accordance with the laws of the State of Massachusetts. Any legal suit, action or proceedings arising out of or related to this Agreement and to the SOFTWARE PRODUCT must be instituted exclusively in the State of Massachusetts.
12. ENTIRE AGREEMENT The AGREEMENT constitutes the entire AGREEMENT between the END-USER and NotePage, Inc. with respect to the SOFTWARE PRODUCT and supersedes all prior or contemporaneous understandings and AGREEMENTS, whether written or oral, with respect thereto. If any provision of this AGREEMENT is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible effect of the original term and all other provisions of this AGREEMENT will continue in full force and effect.iability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. |