IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE. THIS IS AN END USER LICENSE AGREEMENT (“AGREEMENT”) BETWEEN YOU AND SOFTPRESS SYSTEMS LIMITED (“SOFTPRESS”). BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO THE TERMS OF THIS AGREEMENT.
1. This package contains software (“Software”) and related explanatory written and electronic materials (“Documentation”). The term “Software” shall also include any upgrades, modified versions, updates, additions and copies of the Software which SoftPress may provide to you.
2. Grant of License. SoftPress hereby grants you, and you accept, a limited license on the terms set out herein to use the Software recorded on the CD on any single computer provided the Software is in use on only one computer at any time unless this license is clearly labelled “Multi-User License” (see below). You must obtain a supplementary license from SoftPress before running the Software on additional computers, machines, servers or networks. You may make one copy of the SoftPress Software solely for archive purposes. You must include with that copy all native resources, restrictions and copyright notices shipped with the original software. Multi-User License - If this is a “Multi-User License”, you may install and use additional copies of the Software up to the number of copies specified above as "Licensed Copies". You shall inform all users of the Software of the terms and conditions of the SoftPress End User License Agreement. Not for Resale Software - If this Software is marked "Not for Resale" or "NFR", your license only permits use for demonstration, testing, or evaluation purposes. Academic or Educational - if this Software is marked "Academic" or "Educational" your license only permits use in qualified educational settings.
3. Transfer of License. You may not sub-license, rent or lease the Software, but you may transfer all of your rights under this Agreement on a permanent basis provided that you transfer all copies of the Software and Documentation. You must provide the receiving party with a copy of the Agreement, and the receiving party must read and understand this Agreement. Furthermore, in such a transfer, you may not retain any copies of the SoftPress Software.
4. Term and Termination. This Agreement takes effect on the day on which the Software is installed or used for the first time and continues in effect until terminated. You may voluntarily terminate this Agreement at any time by destroying the original copy of the Software and any archival copies which you may have made, provided that you notify SoftPress in writing that you have done so. SoftPress may terminate this License without notice upon your failure to abide by this Agreement.
5. Copyright. All intellectual property rights, including copyrights, in the Software are and shall at all times remain owned by SoftPress. You may make a single copy of the Software for archival or backup purposes but you may not otherwise copy, modify, reverse engineer, or alter the Software.
6. Limited Warranty. SoftPress warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following the date of the date of delivery of the Software to you (as evidenced by a copy of your receipt). If the Software fails to meet the specifications of the warranty set forth above, SoftPress liability and your exclusive remedy will be replacement of the CD or a reasonable effort to make the product meet the above warranty specification. This limited warranty applies only if you return all copies of the Software along with a copy of your paid invoice to the location where you purchased it within ninety (90) days of purchase. Any replacement Software will be further guaranteed for ninety days from date of receipt. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SOFTPRESS MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SoftPress does not warrant that the operation of the program will be uninterrupted or error free
7. Limitation on Liability. IN NO EVENT WILL SOFTPRESS BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY HEAD OF LIABILITY, ARISING OUT OF USE OF OR IN CONNECTION WITH THE SOFTWARE.
8. Government End Users. The Software is “Restricted Computer Software”. Use, duplication or disclosures by the United States Government is subject to restrictions of Restricted Rights for computer software developed at private expense as set forth in FAR § 52.227-19 or DOD FAR Supplement § 252.227-7013 (c) (1) (ii), and successors thereof as applicable. SoftPress Systems Limited, 8 Blenheim Office Park, Lower Road, Long Hanborough, Oxon, OX8 8LN, UK.
9. Governing Law. This Agreement is to be governed by the laws of England. Any terms or conditions of this Agreement found to be unenforceable will be deleted, but will not affect the remaining terms and conditions of the Agreement.
10. Entire Agreement. The express terms of this Agreement constitute the entire Agreement between you and SoftPress, and apply to you if this license was purchased for your own use or to you, your company and company’s employees if this license was purchased for company use.
