THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH CAERE CORPORATION ("CAERE") OFFERS TO LICENSE THE SOFTWARE ("THE SOFTWARE") CONTAINED ON THIS MEDIA TO YOU. BY USING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
The Software consists, in part, of an OCR Engine the provides OCR functionality. You acknowledge that the value of the Software in large part consists of the utility of the OCR Engine embedded therein. You further understand and acknowledge that the OCR Engine may have utility with or be able to be called by other software and/or hardware, which CAERE considers to be an unauthorized use of the OCR Engine and the Software. Accordingly, you agree that you will use the OCR Engine only as part of the Software, and not in conjunction with, as part of, or as a component of, other software and/or hardware which make calls to CAERE's OCR Engine.
1 . License. The Software and documentation contained in electronic form on the media ("Documentation") are licensed, not sold, to you for use only under the terms of this license, and CAERE reserves all rights not expressly granted to you. This license allows you to:
(a) for a single-user version, install and use the Software and Documentation for internal purposes only on a single computer (the Software is considered in use when it is installed in the temporary memory, i.e. RAM, or the permanent memory, i.e. hard drive); (b) for a multi-user version (e.g., a CAERE 10-User Pack), install and use the Software and Documentation for internal purposes only for the number of computers or simultaneous users identified in the Documentation; (c) make one copy of the Software in machine-readable form solely for backup purposes, provided that your backup is not installed on any computer, and make one copy of the Documentation in hardcopy solely for reference purposes.
You must reproduce on any copy all copyright notices and any other ownership, confidentiality or proprietary legends that are on the original copy of the Software and/or Documentation. The media may contain two system versions of the Software (a Macintosh version and a Windows version) and multiple language versions of the Software. For a single user license, you may install one system and language version of the Software on a single computer; you may not install the other versions on another computer. For a multi-user license, you may install the Software (regardless of version) only on the number of computers or for the number of simultaneous users identified In the Documentation. For example, if you have purchased a 10-user license, you may install, on up to 10 computers or for 10 simultaneous users, 7 Windows and 3 Macintosh versions in one language, or any other combination of the two system and language versions you choose that total ten copies.
2. Restrictions: (a) You may not market, distribute or transfer copies of the Software or Documentation to others or electronically transfer the Software from one computer to another over a network except as provided for above; (b) you may not decompile, reverse engineer, disassemble or otherwise reduce the code of the Software to a human perceivable form; (c) YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE OR LOAN THE SOFTWARE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR DOCUMENTATION; (d) The Software and Documentation are copyrighted. Unauthorized copying of the Software, including portions thereof or the written materials, is expressly forbidden; (e) You understand that CAERE may update or revise the Software and in so doing incurs no obligation to furnish such updates to you; (f) If you upgrade the Software to a higher-numbered version of the Software or to a comparable CAERE software product (including versions for different operating systems), this license is terminated and your rights shall be limited to the license associated with that product or version.
3. Termination. This License is effective until terminated. Except for Sections 6, 7, and 8, this License shall terminate automatically upon the earlier of your breach of your obligations under the License or January 1, 2030. Upon termination, you agree that you will destroy the Software and all copies. This remedy shall be in addition to any other remedies available to CAERE.
4. Export Control. You agree that the Software and Documentation will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
5. Government End Users. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software and Documentation with only those rights set forth herein.
6. Limited Warranty. CAERE warrants that the Software and the accompanying media will perform substantially in accordance with the specification set forth in the Documentation for a period of ninety (90) days after your payment of the license fee, when properly installed on a computer for which a license is granted hereunder. CAERE does not warrant that the operation of the Software will meet your requirements or operate free from error. CAERE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAERE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Limited Remedies. If the Software or media fails to perform as warranted, your sole and exclusive remedy shall be to return the media to CAERE, postage prepaid, with a copy of the receipt. CAERE shall, at its option, (i) replace the Software or media with Software or media which conforms to the warranty, (ii) correct the error, or (iii) refund the license fee. CAERE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CAERE OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Limited Liability. The liability of CAERE for any claims arising out of this License based upon the Software, regardless of the form of action, shall not exceed the license fee for the Software.
9. General. This License shall be governed and interpreted in accordance with the laws of the State of California, USA, without giving effect to choice of law principles. This License shall not be governed by the United Nations Convention for the International Sales of Goods, the application of which is expressly excluded. This License contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written).
If you have any questions about this License, contact CAERE at: 100 Cooper Court, Los Gatos, California 95032, USA, Attn: Contract Administrator.
