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-
- VISIONEER
- MULTI-USER
- SOFTWARE LICENSE AGREEMENT
-
- THIS IS A LEGAL AGREEMENT BETWEEN THE PURCHASER OF
- THIS SOFTWARE PACKAGE (HEREAFTER "PURCHASER") AND
- VISIONEER COMMUNICATIONS, INC. ("VISIONEER").
- CAREFULLY READ ALL THE TERMS AND CONDITIONS OF
- THIS LICENSE AGREEMENT BEFORE PRESSING "CONTINUE".
- PRESSING "CONTINUE" INDICATES PURCHASER'S ACCEPTANCE
- OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
- IF PURCHASER DOES NOT AGREE TO THESE TERMS, PRESS
- "EXIT SETUP." THE UNUSED PACKAGE SHOULD BE PROMPTLY
- RETURNED TO THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- Visioneer agrees to grant, and Purchaser agrees to
- accept, under the following terms and conditions a
- non-exclusive non-transferable license to use, for
- internal data input purposes only, Visioneer's
- PaperPort (TM) ("Software") enclosed in this CD
- PACKAGE as indicated below.
-
- PURCHASER'S RIGHTS AND OBLIGATIONS WITH RESPECT TO
- THE SOFTWARE ARE AS FOLLOWS:
- 1. The Software may only be used by up to __ users
- employed by or under the direct control of
- Purchaser.
- 2. Purchaser may use the Software in machine-readable
- form only. Purchaser shall not cause or permit the
- reverse compilation or disassembly of the Software.
- 3. Purchaser may transfer the Software on a permanent
- basis provided: (i) the recipient agrees to the
- terms and conditions of this Agreement and (ii)
- Purchaser destroys any and all copies of the Software
- in Purchaser's possession. Such transfer may not be
- outside the country in which Purchaser takes delivery
- of the Software without Visioneer's prior written
- permission.
- 4. Purchaser may not disclose the results of performance/
- benchmark tests run on the Software without the express
- consent of Visioneer.
- 5. Purchaser may make one copy of the Software (except
- documentation) in machine-readable form solely for
- backup and archival purposes, provided Purchaser
- reproduces all proprietary notices.
- 6. In the event that this package contains an update or
- upgrade release of the Software (under the same license
- number) to that originally acquired by Purchaser,
- Purchaser agrees to destroy and not use (and not permit
- the use of) any previous release or version of the
- Software in Purchaser's possession under that license
- number.
-
- DUAL MEDIA OR MULTIPLE OPERATING SYSTEMS:
- This package may contain both 3.5" diskettes, or CD's,
- or versions that may run on multiple operating systems.
- These duplicate copies of Software are for Purchaser's
- convenience only and are not intended to increase the
- number of permitted copies of the Software Purchaser may
- use or make.
-
- COPYRIGHT: Visioneer and/or Visioneer's licensors
- shall retain all and sole right, title and interest
- in and to the Software. By virtue of this license
- Purchaser obtains the right to use the Software only.
- The Software is protected by United States copyright
- law and international treaty provisions. Purchaser
- agrees not to remove any copyright or other proprietary
- or product identification notices from the Software.
-
- TERMINATION: This Agreement is effective from the date
- Purchaser receives the Software and shall remain in
- force until terminated. Purchaser may terminate it at
- any time by destroying the Software together with all
- copies, modifications, and merged portions in any form.
- This Agreement shall also be terminated if Purchaser
- fails to comply with any of the terms or conditions of
- this Agreement. Purchaser agrees, upon such termination,
- to destroy the Software together with all copies,
- modifications, and merged portions in any form.
-
- LIMITED WARRANTY: THE SOFTWARE IS PROVIDED
- "AS IS." VISIONEER MAKES NO WARRANTIES,
- EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY
- DISCLAIMS ANY IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- PURPOSE.
-
- LIMITATION OF LIABILITY: IN NO EVENT WILL
- VISIONEER BE LIABLE FOR ANY DAMAGES INCLUDING
- ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT,
- INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
- ARISING OUT OF THE USE OR INABILITY TO USE
- THE SOFTWARE EVEN IF VISIONEER HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
- CLAIM BY ANY OTHER PARTY. VISIONEER'S LIABILITY
- FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED
- THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS
- AND CONDITIONS OF THIS AGREEMENT.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS: The Software
- and documentation are provided with RESTRICTED
- RIGHTS. Use, duplication, or disclosure by the
- Government is subject to restrictions as set forth
- in subparagraph (c)(1)(ii) of The Rights in
- Technical Data and Computer Software clause at 48
- CFR S 252.227-7013. Contractor/manufacturer is
- Visioneer Inc. 34800 Campus Drive , Fremont,
- CA 94555.
-
- EXPORT ADMINISTRATION: If the Software is for
- use outside the United States, Purchaser agrees
- to comply fully with all relevant regulations of
- the United States Department of Commerce and with
- the United States Export Administration Act to
- insure that the Software is not exported in
- violation of United States law.
-
- GENERAL: Purchaser may not use, copy, modify,
- sublicense, rent, sell, assign or transfer this
- license or the Software except as expressly
- provided in this Agreement. Purchaser
- acknowledges that Purchaser has read this
- Agreement, understands it, and agrees to be bound
- by its terms and conditions.
- If any of the provisions, or portions thereof, of
- this Agreement are invalid under any applicable
- statute or rule of law, they are to that extent to
- be deemed omitted.
- This Agreement shall be governed by the laws of
- the State of California.
- Should litigation arise concerning this Agreement,
- the prevailing party shall be entitled to its
- attorney's fees and court costs, in addition to
- any other relief it may be awarded.
- Purchaser agrees that this is the complete and
- exclusive statement of the agreement between
- Purchaser and Visioneer, which supersedes all
- proposals, oral or written, and all other
- communications between us relating to the subject
- matter of this Agreement. Purchaser agrees that no
- modification to this Agreement or any of its terms
- may be made except by express written agreement
- with Visioneer. The waiver by either party of a
- breach of any term of this Agreement shall not
- constitute a waiver of any subsequent breach of
- this Agreement.
-