END-USER LICENSE AGREEMENT PAPERCUT SOFTWARE PTY. LTD.
THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM, BETWEEN YOU AND PAPERCUT SOFTWARE PTY LTD, (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
- License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the program in machine-readable, object code form only, for use only as authorized in this License Agreement. The Programs may be used only on computers owned, leased or otherwise controlled by you.
- Licensor's Rights. You acknowledge and agree that the Program is proprietary to Licensor and protected under copyright law. You further acknowledge and agree the all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. The License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. Except to the extent expressly permitted by applicable law, and to the extent that PaperCut Software is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part.
- Redistribution. You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without PaperCut Software’s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) use the Software to provide services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers.
- No Warranty; Limitation of Liability. YOU ACKNOWLEDGE THAT THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR PERFORMANCE OF THE PROGRAM. LICENSOR EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF DATA OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Update Checks. You acknowledge and agree to allow software version and license status details to be sent to PaperCut Software. This allows PaperCut Software to determine whether software updates are available in real-time.