XPS Rendering Solutions
Scalable XPS Solutions for OEMs and Enterprises
PAGEMARK SOFTWARE LICENSE AGREEMENT - You must agree to these terms below before proceeding to download.
IMPORTANT! - This is a legal agreement ("Agreement") between you and Pagemark Technology, Inc. ("PAGEMARK") and governing your use of PAGEMARK's software programs.
READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS
DESCRIBED IN THIS AGREEMENT BEFORE USING THE SOFTWARE. BY THE ACTION TO
INDICATE YOUR ACCEPTANCE OR USING THE SOFTWARE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. NO REFUND WILL BE MADE BECAUSE THE SOFTWARE WAS PROVIDED TO
YOU AT NO CHARGE.
1. GRANT OF LICENSE
PAGEMARK grants you a personal, limited and non-exclusive license to use ("use" as used herein shall include storing, loading, installing, accessing, executing or displaying) the Software solely for the use with Products only on computers directly or via network connected to the Products (the "Designated Computer"). You may allow other users of other computers connected to your Designated Computer to use the Software, provided that you must assure that all such users shall abide by the terms of this Agreement and shall be subject to restrictions and obligations borne by you hereunder.
You shall not use the Software except as expressly granted or permitted herein, and shall not assign, sublicense, sell, rent, lease, loan, convey or transfer to any third party the Software. You shall not alter, translate or convert to another programming language, modify, disassemble, decompile or otherwise reverse engineer the Software and you shall not have any third party to do so.
3. COPYRIGHT NOTICE
You shall not modify, remove or delete any copyright notice of PAGEMARK or its licensors contained in the Software, including any copy thereof.
PAGEMARK and its licensors retain in all respects the title, ownership and intellectual property rights in and to the Software. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by PAGEMARK to you for any intellectual property of PAGEMARK and its licensors.
5. EXPORT RESTRICTION
You agree to comply with all export laws and restrictions and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws, restrictions and regulations, or without all necessary approvals.
6. NO SUPPORT
NEITHER PAGEMARK, PAGEMARK'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, OR DEALERS NOR PAGEMARK'S LICENSORS ARE RESPONSIBLE FOR MAINTAINING OR HELPING YOU TO USE THE SOFTWARE. NO UPDATES, FIXES OR SUPPORTS WILL BE MADE AVAILABLE FOR THE SOFTWARE.
7. NO WARRANTY AND DISCLAIMER OF INDEMNITY
[NO WARRANTY] THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
NEITHER PAGEMARK, PAGEMARK'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, OR DEALERS NOR PAGEMARK'S LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
[NO LIABILITY FOR DAMAGES] IN NO EVENT SHALL EITHER PAGEMARK, PAGEMARK'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR PAGEMARK'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER PAGEMARK, PAGEMARK'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR PAGEMARK'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
[RELEASE OF LIABILITY] TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE PAGEMARK, PAGEMARK'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS AND PAGEMARK'S LICENSORS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.
This Agreement is effective upon your acceptance hereof by the action to indicate your acceptance or using the Software and remains in effect until terminated. You may terminate this Agreement by destroying the Software including any and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms hereof. Upon termination of this Agreement, in addition to PAGEMARK enforcing its respective legal rights, you must then promptly destroy the Software including any and all copies thereof. Notwithstanding the foregoing, Sections 4, and 7 through 11 shall survive any termination of this Agreement.
In the event that any section hereof is declared or found to be illegal by any court or tribunal of competent jurisdiction, such section shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions hereof shall remain in full force and effect.
BY THE ACTION TO INDICATE YOUR ACCEPTANCE OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND PAGEMARK CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PAGEMARK RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORISED REPRESENTATIVE OF PAGEMARK.
Should you have any questions concerning this Agreement, or if you desire to contact PAGEMARK for any reason, please write to PAGEMARK's sales subsidiary or distributor/dealer, serving the country where you obtained the Products.