Net2Printer RDP Server 1.16
EULA - End User License Agreement
Net2Printer End User License Agreement
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON BELOW.
This License Agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You"), and Net2Printer, Inc. ("Net2Printer") that governs Your acquisition and use of the Net2Printer software and any accompanying documentation (the "Software"). You must accept the terms of this Agreement before downloading, copying, or otherwise using the Software. By clicking "ACCEPT" at the end of this Agreement, or by downloading, copying, or otherwise using the Software, You are indicating that You have read and understood, and that You assent to be bound by, the terms of this Agreement. If You do not agree to the terms of the Agreement, You are not granted any rights whatsoever in the Software and must permanently delete all copies of the Software in your possession.
Certain third-party modules may be bundled with the Software and may be provided to You subject to separate license terms, in which case they would not be covered under this Agreement. Any such separate license terms are provided in a text file accompanying each individual third-party module.
1. License Grant.
Subject to the terms of this Agreement, Net2Printer grants to You a personal, non-exclusive, non-transferable license, without the right to sublicense, to install and execute one (1) copy of the Software, in accordance with its documentation, on a single computer.
2. Restrictions on Use.
Except as expressly permitted in Section 1 (License Grant) (if at all), You may not (a) copy, translate, modify, create derivative works of, or otherwise use the Software or any part thereof, (b) distribute, sell, assign, pledge, sublicense, lease, loan, use for service bureau purposes, rent, or otherwise transfer the Software or any part thereof in any form to another person except as provided for by Net2Printer or by the Softwares own functionality, (c) remove from the Software, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the Software, (d) use the Software to tamper with, spoof, or attempt to obtain unauthorized access to Net2Printer's servers or databases; (e) use the Software in contravention of this Agreement; or (f) permit any other party to do any of the foregoing. Net2Printer does not grant to You any express or implied licenses or rights to any enabling technologies or systems that may be necessary to use the Software. (g) use the software for any other purpose than is intended by Net2Printer and specifically not for the purpose of evaluating it to create a competing product. (H) use the Software in any way to the detriment of Net2Printer.
The Software is licensed, not sold, and You agree that the Software, the Net2Printer Service, and all intellectual property and proprietary rights therein are owned by Net2Printer. Net2Printer reserves title and all right and interests in and to the Software not expressly granted to You in Section 1 (License Grant), including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by Net2Printer.
4. Internet Communications.
The Software by design performs a variety of communications over the Internet as part of its normal operation as described in its documentation, including sending digital signatures for filtering purposes and sending both images and the full text of documents, including, but not limited to, e-mail messages, documents, images and various communications that You select and choose. By installing and/or using the Software, You consent to such communications and agree that You are solely responsible for supplying your own Internet access and for paying any telecommunications or other connectivity charges incurred through Your use of the Software.
5. Net2Printer Service.
As a courtesy, Net2Printer or its service providers currently operates servers as part of the Net2Printer Service, with which the Software communicates as part of its ordinary operation. You may access the Net2Printer Service for the sole purpose of using the Software to manage printing of your documents via the Internet or your Intranet as described in the Software documentation, and may not access the Net2Printer Service (or its associated database) with any other software, for any other purpose, or in any other manner. Net2Printer makes no commitment to You about the performance, availability, or proper operation of any such servers or the Net2Printer Service, and may immediately discontinue its provision or operation of such servers or the Net2Printer Service to You at any time without notice. Without limiting the foregoing, Net2Printer reserves the right to charge fees for any future access to the Net2Printer Service.
6. Maintenance and Updates.
You understand that Net2Printer may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements, or updates to the Software or supporting documentation. To the extent that Net2Printer supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Net2Printer indicates otherwise. Net2Printer reserves the right to charge fees for any future versions of, or updates to, this Software.
7. No Warranties.
THE SOFTWARE IS PROVIDED AND LICENSED TO YOU "AS IS". You assume the entire risk as to, and acknowledge that You rely solely at Your own risk on, results and performance arising out of the use of the Software. Should the Software prove to have defects in any way, You assume the entire cost of all servicing, repair or correction arising in connection with such defects.
NET2PRINTER DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NET2PRINTER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, NET2PRINTER'S EFFORTS, OR ANY SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SOFTWARE OR WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to You, in which case the duration of any such implied warranties is limited to thirty (30) days from the date the Software is first downloaded by You. In case of breach of such implied warranties, Net2Printer's sole and exclusive obligation and liability and Your sole and exclusive remedy will be, at Net2Printer's sole discretion, to (i) repair, correct, or work around any defect; (ii) provide a replacement copy of the Software; or (iii) terminate this Agreement and issue you a refund of any fees that you may have paid Net2Printer for the Software (if any).
8. Limitation of Liability.
NET2PRINTER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE NET2PRINTER SERVICE (OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NET2PRINTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NET2PRINTER'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO YOU OR TO ANY THIRD PARTY, EXCEED FIFTY U.S. DOLLARS (U.S. $50.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein. The warranty disclaimer and limitation of liability are fundamental elements of the basis of the bargain between you and NET2PRINTER. NET2PRINTER would not provide the SOFTWARE to you absent such limitations.
You agree to indemnify and hold Net2Printer harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to Your use or misuse of the Software or the Net2Printer Service or Your breach of this Agreement.
10. Term and Termination.
The term of this Agreement will commence upon Your clicking of the "Accept" button and will continue until terminated as specified in this Section 10 (Term and Termination). You may terminate this Agreement any time by destroying all copies of the Software in Your possession and by discontinuing all use of the Software. Net2Printer may terminate this Agreement and without prior notice take appropriate technical measures to effect such termination in the following cases: (a) You fail to comply with the terms of this Agreement; (b) Your use of the Software consumes an amount of bandwidth greater than the amount Net2Printer is willing to provide in its sole discretion; (c) Net2Printer deems in its sole discretion that Your use of the Software or the Net2Printer Service is abusive, is for commercial purposes, or is in violation of Net2Printer's then-current acceptable use policy; (d) You distribute the Software without prior authorization by Net2Printer; or (e) Your use of the Software gives rise to any legal action against Net2Printer or its officers, directors, employees or agents. Any termination by Net2Printer pursuant to this Section 10 (Term and Termination) will be exercised without limiting any other rights or remedies of Net2Printer. Upon termination of this Agreement, the license granted in Section 1 (License Grant) will terminate and You must immediately destroy all copies of the Software in Your possession or control. Sections 3, 7, 8, 9, 10, 11, 12, and 13 of this Agreement will survive termination.
11. U.S. Government Use.
The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, Net2Printer provides the Software to U.S. Government end users only pursuant to the terms and conditions herein.
12. Export Control.
You agree and acknowledge that the Software is subject to U.S. export control law, and You will comply with all applicable laws and regulations in Your use of the Software under this Agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts 730-774). Without limiting the foregoing, You expressly agree not to export or re-export the Software in violation of such laws or regulations, or without all required licenses and authorizations.
Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver or modification of the Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. You may not assign or transfer any of Your rights or obligations under this Agreement to a third party without the prior written consent of Net2Printer. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. Net2Printer may assign this Agreement without consent to any third party. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Notices to Net2Printer must be sent to the following address, and will be deemed effective three (3) days after certified mailing, return receipt requested: Net2Printer, Inc., 1591 East Atlantic Boulevard, Suite 103, Pompano Beach, FL 33060; notices to You may be sent to the e-mail address that you furnished prior to downloading the Software, and will be deemed effective upon arrival at Your e-mail server. This Agreement is governed by the laws of the State of Florida without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Fort Lauderdale, Florida, and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. Unless You are licensed to use Net2Printer software under a separate written licensing agreement between Net2Printer and your company, employer or other licensed entity of Net2Printer intended for Enterprise use that specifically supercedes this Agreement, then You hereby agree that this Agreement is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.