LICENSE GRANTED. Upon payment of the licensing fee Cadman Corp grants you the right to install and use ViewPort+® Classic EDMS (hereinafter the "Software") in accordance with the terms and conditions set forth herein. You may not use the single user version of the Software on more than one computer nor with multiple terminals or multiple computers in a network without a separate license for each computer terminal. You may not use the network version of the Software simultaneously on more computer terminals than the number of concurrent licenses provided for in the network license that you purchased. "You" means the company, entity, or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing, or displaying the Software.
Use of the Software, whether by an individual or by a business, is restricted to private and/or internal business activities only. Activities prohibited under this license include the use of the Software to provide scanning services and/or data translation services to third parties. Also, under no circumstances may the Software be used with, or in support of, 3rd party document management systems and/or document viewers unless prior written consent is first obtained from CADMAN CORP.
OWNERSHIP. The Software is owned and copyrighted by Cadman Corp. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. You may not sublicense, assign or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties, or obligations hereunder is prohibited.
COPYRIGHT. The Software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Cadman Corp and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
DISASSEMBLY. You agree that you will not attempt to reverse engineer, translate, or disassemble the Software in whole or in part. You further agree that you will not modify the Software or disable any licensing or control features of the Software, except as an intended part of the Software's programming features.
TERMINATION. The license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies, modifications and merged portions in any form.
DISCLAIMER OF WARRANTY. CADMAN CORP DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. CADMAN CORP DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CADMAN CORP OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF CADMAN CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CADMAN CORP LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement.
By installing and using the Software you agree to be bound by the terms of this Agreement, effective the day and year it was first installed. Should you have any questions concerning this Agreement, you may contact Cadman Corp by writing to; Cadman Corp, 1413 Montgomery Road, Thousand Oaks, CA 91360.