END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("LICENSE") is a legal agreement between Licensee (either an individual or a single entity) and Docati, for the software package containing this LICENSE, which includes computer software and may include associated "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Docati.
By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LICENSE. If you do not agree to all the terms of this LICENSE, you MAY NOT install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. Docati owns the title, copyright and other intellectual property right of the SOFTWARE PRODUCT. This is a license agreement and NOT an agreement for sale. Docati continues to own the SOFTWARE PRODUCT.
1. LICENSES TO USE SOFTWARE PRODUCT.
All licenses described below grant you the rights to create an unlimited number of derived products using the SOFTWARE PRODUCT. The derived products can only be deployed WITHIN your own organization, unless otherwise described below.
1.1 OEM LICENSE. The SOFTWARE PRODUCT is licensed per physical deployment location. You may make copies on more than one computer, as long as the locations of the computers is in the same location. A location is considered to be a location with a single mail address. For each other location where the SOFTWARE PRODUCT will be installed, a separate LICENSE must be purchased. Use in hosted software solutions (also known as Software-As-A-Service(SaaS)-solutions) is not allowed.
1.2 OEM ENTERPRISE LICENSE. This license is identical to OEM LICENSE, but in addition allows the use of the SOFTWARE PRODUCT on multiple locations. Use in hosted software solutions (also known as Software-As-A-Service(SaaS)-solutions) is allowed for ONE single solution.
1.3 TRIAL LICENSE. This license is an OEM LICENSE, but only valid for a limited time. During this time the LICENSE may only be used for testing purposes and may not be used on production purposes.
2. ADDITIONAL RIGHTS AND LIMITATIONS
2.1 RESTRICTIONS. Licensee may not alter, assign, create derivative works, decompile, disassemble, distribute, give, lease, loan, modify, rent, reverse engineer, sell, sub-license, transfer or translate in any way, by any means or any medium the SOFTWARE PRODUCT. Licensee will use its best efforts and take all reasonable steps to protect the SOFTWARE PRODUCT from unauthorized use, copying or dissemination.
Licensee shall not develop applications that provide an application programmable interface to the SOFTWARE PRODUCT. Licensee shall not develop applications that substantially duplicate the capabilities of the SOFTWARE PRODUCT or, in the reasonable opinion of Docati, compete with it.
2.2 SUPPORT SERVICES. Docati may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the policies and programs described in "online" documentation and/or in other Docati provided materials. 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 LICENSE. With respect to technical information you provide to Docati as part of the Support Services, Docati may use such information for its business purposes, including for product support and development. Docati will not utilize such technical information in a form that personally identifies Licensee.
2.3 The SOFTWARE PRODUCT is licensed as a single product and the software programs comprising SOFTWARE PRODUCT may not be separated.
2.4 TERMINATION. If the SOFTWARE PRODUCT is used in any way not expressly and specifically permitted by this LICENSE, then the LICENSE shall immediately terminate. Upon the termination of the LICENSE, Licensee shall thereafter make no further use of the SOFTWARE PRODUCT, and Licensee shall return or destroy all licensed materials.
3. UPGRADES, ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, Docati may provide enhancements, updates, or new versions of the SOFTWARE PRODUCT on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements. Licensee is not entitled to updates or upgrades of the SOFTWARE PRODUCT unless such right is stated in additional agreement between Licensee and Docati Software. If new version of the SOFTWARE PRODUCT is released within ninety (60) days from the day of purchase and the price of new version is equal or smaller than the price of purchased version of the SOFTWARE PRODUCT, Licensee is entitled to a new version at zero cost. Received new version shall be considered part of purchased version of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Docati or its suppliers. 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 LICENSE grants Licensee no rights to use such content. Docati reserves all rights not expressly granted.
5. THIRD PARTY CODE.
5.1. INTELLECTUAL PROPERTY WARRANTY. The SOFTWARE PRODUCT may include certain third party open source and free software components ("Third Party Code"), each of which has its own copyright and its own license conditions. A list of included Third Party Code and their respective licenses can be found in the ThirdPartyCodeLicenses.txt file. Docati warrants that it has not and will not include any Third Party Code that require, as a condition of use, modification or distribution, that (a) the code be disclosed or distributed in source code form, and/or (b) be licensed for the purpose of making derivative works. �For example, Docati does not utilize any Third Party Code licensed under the GNU�s General Public License (�GPL�); Lesser/Library GPL (�LGPL�), the Artistic License, the Mozilla Public License and the Common Public License.
5.2 EXTENT. To the extent any Third Party Code grants the Licensee rights to use, copy or modify the Third Party Code that are broader than the rights granted in Section 1, then such rights shall take precedence over the rights and restrictions granted in this License solely for such Third Party Code.
6. LIMITED WARRANTY. Licensee assumes all responsibility for the selection of the SOFTWARE PRODUCT as appropriate to achieve the results he/she intends. The SOFTWARE PRODUCT and documentation are not represented to be error-free. Docati warrants that (a) the SOFTWARE PRODUCT shall perform substantially as described in its documentation for a period of six (6) months from purchase, and (b) any Support Services provided by Docati shall be substantially as described in our accompanying materials, and our Support Team will make commercially reasonable efforts to solve any problem covered by our warranty.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE.
7. CUSTOMER REMEDIES. Docati entire liability and Licensee's exclusive remedy shall be, at Docati option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Docati Limited Warranty and which is returned to Docati with a copy of Licensee's receipt. SOFTWARE PRODUCT purchased other than directly from Docati shall be returned to the place where it was purchased. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or remainder of the thirty (30) days from the day of purchase, whichever is longer.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by law, in no event shall Docati or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use this SOFTWARE PRODUCT, or the failure to provide Support Services, even if Docati or its dealer have been advised of the possibility of such damages. In any case, Docati entire liability under any provision of this LICENSE shall be limited to the amount actually paid by the licensee for the SOFTWARE PRODUCT.
9. GENERAL PROVISION. Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, he/she shall be liable for all damages to Docati, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
10. TAXES AND DUTIES. Licensee shall be responsible for the payment of all taxes or duties that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE PRODUCT, and if any of the foregoing taxes or duties are paid at any time by Docati, Licensee shall reimburse Docati in full upon demand.
12. MISCELLANEOUS. Docati is registered in the Netherlands. The Agreement shall be governed by, construed and enforced in accordance with the laws of the Netherlands. Each party consents to the personal jurisdiction of the Netherlands and agrees that any legal proceedings arising out of this LICENSE shall be conducted solely in the courts located in the Netherlands. This is the entire agreement between you and Docati which supersedes any prior agreement, whether written or oral, relating to this subject matter. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto. The Licensee acknowledges that he/she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
December 2nd, 2015