End-User License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Global Inkjet Systems Limited for the Global Inkjet Systems software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
- GRANT OF LICENSE. Global Inkjet Systems grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single device, such as a workstation, terminal, GIS head management board, other circuit board or other device (“Device”) for use solely in connection with the physical equipment with which the Software was provided or made available. The Software may not be used by more than one processor at any one time on any single Device.
1.2 Monitoring. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. Global Inkjet Systems will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Global Inkjet Systems will not collect any personally identifiable information from your Device during this process.
1.3 Remote Assistance. The Software contains Remote Assistance technologies that enable the Software or applications installed on the Device (sometimes referred to as a host device) to be accessed remotely from other Devices when specifically permitted by the user of the Software. When you are using Remote Assistance (or other software which provides similar functionality for a similar purpose) you may share your session for the purposes of receiving support in use of the Software. As used above, a session means the experience delivered by the Software similar to when a user is using the input, output and display peripherals attached to the Device.
1.4 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Devices over an internal network; however, you must acquire and dedicate an additional license for each separate Device on or from which the Software is installed, used, accessed, displayed or run. Except as otherwise permitted by the Remote Assistance features described above, a license for the Software may not be shared or used concurrently on different Devices.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Digital Rights Management. Content providers are using the digital rights management technology contained in this Software (“DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and third-party applications use DRM to play Secure Content (“DRM Software”). If the DRM Software’s security has been compromised, owners of Secure Content (“Secure Content Owners”) may request that Global Inkjet Systems revoke the DRM Software’s right to copy, display and/or make use of Secure Content. Revocation does not alter the DRM Software’s ability to make use of unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. You therefore agree that Global Inkjet Systems may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Global Inkjet Systems will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in this Software (“DRM Upgrades”) before accessing their content. When you attempt to make use of such content, Global Inkjet Systems DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
2.2 Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Global Inkjet Systems may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your Device.
- RESERVATION OF RIGHTS AND OWNERSHIP. Global Inkjet Systems reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Global Inkjet Systems or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
- CONSENT TO USE OF DATA. You agree that Global Inkjet Systems and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Global Inkjet Systems may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
- LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third-party sites are not under the control of Global Inkjet Systems, and Global Inkjet Systems is not responsible for the contents of any third-party sites, any links contained in third party sites, or any changes or updates to third party sites. Global Inkjet Systems is not responsible for webcasting or any other form of transmission received from any third-party sites. Global Inkjet Systems is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Global Inkjet Systems of the third-party site.
- ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Global Inkjet Systems may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Global Inkjet Systems reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
- UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Global Inkjet Systems as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
- NOT FOR RESALE SOFTWARE. Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
- EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.K. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.K. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.K. and other governments.
- SOFTWARE TRANSFER. Internal. You may move the Software to a different Device. After the transfer, you must completely remove the Software from the former Device unless it is covered by an additional licence. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user who acquires the physical device to which the Software relates, provided the initial user retains no copies of the Software not covered by additional licences. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), but copies of printed materials and electronic documentation may be retained. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
- TERMINATION. Without prejudice to any other rights, Global Inkjet Systems 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 and all of its component parts.
- DISCLAIMER OF WARRANTIES. The Software is provided without any express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. To the maximum extent permitted by applicable law, Global Inkjet Systems and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOBAL INKJET SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GLOBAL INKJET SYSTEMS OR ANY SUPPLIER, AND EVEN IF GLOBAL INKJET SYSTEMS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Global Inkjet Systems and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or GBP£5.00. The foregoing limitations, exclusions and disclaimers (including Sections 13, 14 and 15) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Global Inkjet Systems relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Global Inkjet Systems policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
- LAW & JURISDICTION. This EULA is governed by the laws of England and Wales and any disputes or claims that arise out of or in connection with this EULA or its subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales provided that Global Inkjet Solutions may take action to protect its intellectual property rights anywhere in the World.