IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON AS INSTRUCTED. These terms and conditions constitute the entire legal agreement between you and DocuMagix, Inc. ("DocuMagix") concerning the proprietary DocuMagix HotCargo-Express software program (the "program") and the accompanying user documentation (the "documentation"). By clicking on the "ACCEPT" button, you are acknowledging your understanding of and consent to these terms and conditions and acknowledging your authority to do so on behalf of yourself and/or your company (if applicable). DocuMagix shall furnish the program and documentation subject to these terms and conditions alone (which supersede any conflicting terms and conditions in any purchase order). If you do not agree with them, discontinue the installation and licensing
process by clicking on the "CANCEL" button as instructed.
*** WARNING WARNING WARNING ***
Please be advised that the use of DocuMagix HotCargo-Express to retrieve information from the Internet may result in Internet Access Provider service fees (if you use such a service) and/or telephone charges for the telephone call to the Internet Access Provider's location. YOU ARE SOLELY RESPONSIBLE FOR THESE COSTS.
Many sites on the World Wide Web contain copyrighted material that is protected under Federal Copyright law. Federal Copyright law provides severe civil and criminal penalties for the unauthorized reproduction,
distribution or exhibition of copyrighted materials. The program is licensed for use only in accordance with applicable law - it may therefore be used only to download content and/or pages from World Wide Web sites where downloading content is permitted.
1. GRANT OF LICENSE. DocuMagix grants you a non-exclusive license to download, install and use one (1) copy of DocuMagix' DocuMagix HotCargo-Express software (the "Program") on a single CPU owned or controlled by you. If you have received a trial copy of the Program ("Trial Copy"), DocuMagix grants you a non-exclusive limited license to download and use the Trial Copy for a thirty (30) day free trial period. The Trial Copy will cease to function thirty (30) days after the Evaluation Copy is installed. Except as otherwise expressly provided herein, the terms of this Agreement apply both to the Program and to any Trial Copy.
2. UTILIZING THE PROGRAM. You must follow the appropriate response commands to continue the installation of the Program. You may make one (1) copy of the Program solely for back-up or archival
purposes. You may transfer the Program from one CPU to another, so long as you erase it from the old CPU within thirty (30) days of loading it into the new one. You may not reverse-engineer, disassemble, or decompile the Program. You may make one (1) copy of the documentation solely for reference.
3. OWNERSHIP. The Program is a proprietary product of DocuMagix or its suppliers, and is protected under U.S. copyright law and international treaty provisions. All copies of the Program made by you
in accordance with this Agreement shall contain DocuMagix' copyright notices. All intellectual property rights in and to the Program are retained by DocuMagix or its suppliers.
4. TERM. This Agreement is effective upon your indicating your assent to its terms and conditions in the manner specified above and shall continue until terminated. You may terminate this Agreement at any time by deleting all copies of the Program and Documentation, and any portions thereof, from the computer or network server on which they are installed and destroying all such copies. DocuMagix may terminate this Agreement if you breach any term of this Agreement. You will delete and destroy all existing copies of the Program and Documentation, and any portions thereof, on termination of this Agreement.
5. NO WARRANTY. THE PROGRAM AND DOCUMENTATION ARE PROVIDED "AS IS". DOCUMAGIX AND ITS LICENSEES AND DISTRIBUTORS SHALL HAVE NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PROGRAM AND DOCUMENTATION.
6. WARRANTY DISCLAIMERS. DOCUMAGIX AND ITS LICENSEES AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
7. LIMITATION OF LIABILITY. DocuMagix' and its licensees' and distributors' cumulative liability to you and all other parties for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid by you for the use of the Program. DocuMagix and its licensees and distributors shall not be liable for any indirect, special, incidental, or consequential damages or similar damages, including lost profits or lost data arising out of the use, misuse or inability to use the Program, even if DocuMagix and/or its licensees and distributors 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. U.S. GOVERNMENT LICENSES. The Program and the Documentation are provided with "restricted rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Sub-paragraph 252.227-7013(c)(1)(ii) (Rights in Technical Data and Computer Software) of the Department of Defense Federal Acquisition Regulations Supplement or Sub-paragraphs 52.227-19(c)(1) and (c)(2) (Commercial Computer Software-Restricted Rights) of Title 48 of the Code of Federal Regulations, as applicable. Contractor/manufacturer is DocuMagix, Inc., 2880 Zanker Road, San Jose, CA 95134-2122.
9. EXPORT ASSURANCES. You may not download or otherwise export or reexport the Program or any underlying information or technology except in full compliance with all United States and other applicable
laws and regulations, including without limitation, the United States Export Administration Act, the Trading With the Enemy Act, the International Emergency Economic Powers Act and any regulations
thereunder.
Any transfer of technical data outside the United States by any means, including the Internet, is an export which is subject to export control requirements under U. S. law. In particular, but without limitation, none of the Program or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident, wherever located, of) Cuba, Libya, Bosnian Serb-occupied portions of Bosnia and Herzegovina, North Korea, Iran, Iraq, Angola, Syria or any other country to which the U. S. prohibits exports of goods or technical data; or (ii) to anyone on the U. S. Treasury Department's Specially Designated Nationals List or the Table of Denial Orders issued by the Department of Commerce.
By downloading or using the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or
on any such list or table.
10. COMPLIANCE WITH LAWS . Licensee shall comply with all applicable laws, rules and regulations in its performance of this Agreement, including without limitation the U.S. Export Administration Act and other applicable import and export laws, rules and regulations.
11. ASSIGNMENT. You may assign your rights under this Agreement to another party if the other party agrees to accept the terms of this Agreement, and you either transfer all copies of the Program and the
Documentation, whether in printed or machine-readable form (including the original), to the other party or you destroy any copies not transferred.
12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
Should you have any questions concerning this Agreement, please contact DocuMagix, Inc., 2880 Zanker Road, San Jose, CA 95134-2122. Attn: Contract Administrator.
