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EULA - End User License Agreement

End-User License Agreement (EULA)

DOCUMALIS software

Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates your acceptance of these terms.

This SCANPOINT End-User License Agreement ('EULA') is a legal agreement between you, the end user, and SCANPOINT for the above-identified SCANPOINT software product that accompanies this EULA, including any and all associated media, printed materials, and 'online' or electronic documentation (the SOFTWARE). The SOFTWARE is protected by copyright laws and international treaty provisions.

By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not use the SOFTWARE. You may obtain a refund of the amount you originally paid if you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where you bought the SOFTWARE, within the term provided by the law of the country and the return policy of the location in which you purchased the SOFTWARE.

'DOCUMALIS' means DOCUMALIS Software registered in Paris, France.
'SCANPOINT' means the SCANPOINT SOFTWARE Company, based in La Chevrolire, France

1. Grant of License
1.1 Subject to your compliance with the terms of this EULA, SCANPOINT grants you, the end user, a non-exclusive license enabling you to use the SOFTWARE.
1.2 All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2. License
2.1 SCANPOINT represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and 'applets' incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2 The SOFTWARE contains valuable trade secrets and confidential information belonging to SCANPOINT and is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions, and the applicable laws of the country in which it is being used. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of SCANPOINTs intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
3. Using the SOFTWARE
3.1 Unless otherwise stipulated in a separate agreement with SCANPOINT, you may install and use one copy of the SOFTWARE only on one computer or one virtual machine. If you wish to install and use the SOFTWARE on another computer, you must first remove the SOFTWARE from the original computer.
4. Dual-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are only licensed to use one copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. Redistribution of the SOFTWARE
5.1 Any re-distribution of the SOFTWARE is strictly prohibited. Redistribution includes, but is not limited to, granting access to third parties, selling, renting, leasing, or lending the SOFTWARE.
6. Limitations
6.1 You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you activate your copy of the SOFTWARE. During the registering process, a unique identifier will be created and you must transmit it to SCANPOINT to get your definitive license Key. The identifier identifies the computer solely for the purpose of activation. The identifier does not include any personal information, any information about software or data that may reside on your computer, or any information about the specific make or model of your computer
6.2 All terms of use and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate agreement with SCANPOINT.
6.3 You may not perform or make it possible for other persons to perform any activities included in the list below:
6.3.1 Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and other SOFTWARE components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
6.3.2 Modify the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
6.3.3 Transfer any rights granted to you hereby and other rights related to the SOFTWARE to any other person.
7. Support Services
7.1 SCANPOINT may provide you with support services related to the SOFTWARE ('Support Services').
7.2 Support Services are performed in accordance with the terms of the Users Guide, 'online' documentation, and other materials provided by SCANPOINT. Any supplementary software code provided to you as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
7.3 To be eligible for Support Services, you are required to provide SCANPOINT with information about the characteristics of your scanner and computer, as well as standard personal details including your name, company name (if applicable), address, phone number and e-mail address.
7.4 SCANPOINT may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that SCANPOINT does not utilize such information in any form that personally identifies you.
8. 'Not for Resale' SOFTWARE
8.1 If the SOFTWARE is labeled 'Not for Resale' or 'NFR,' then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, verification or testing purposes.
9. Software for Trial Purposes
9.1 If the SOFTWARE is labeled 'Try Buy,' 'Trial' or 'Demo,' then this section shall apply until such time that you purchase a license for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an 'as is' basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the license hereunder shall be terminated, unless extended by SCANPOINT upon your purchase of a full retail license from SCANPOINT.
10. Upgrades
10.1 If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by SCANPOINT as being eligible for the upgrade in order to use the SOFTWARE.
10.2 The SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
10.3 Once you have installed the upgraded product, your previous EULA is considered null and void.
10.4 You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with the product.
10.5 You acknowledge that any obligation SCANPOINT may have to support the version of the SOFTWARE being upgraded shall end upon the availability of the upgrade.
11. Termination
11.1 Without prejudice to any other rights, SCANPOINT may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
11.2 In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
12. Warranties and Indemnifications
12.1 SCANPOINT warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase or distribution. If the SOFTWARE was purchased in Europe, this period will constitute 30 days starting from the date of purchase or distribution.
12.2 In all other respects, the SOFTWARE is supplied 'as is.' SCANPOINT does not guarantee that the SOFTWARE will carry no errors, nor will it take on any liability for damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE.
12.3 SCANPOINT does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE will function properly when used in conjunction with any other software or hardware.
12.4 Except as expressly provided herein, SCANPOINT makes no other warranties, either expressed or implied, regarding the SOFTWARE, its merchantability, or its fitness for any particular purpose, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
12.5 In any event, SCANPOINTs sole obligation or liability under this EULA, regardless of the nature of the events that resulted in such an obligation or liability, shall not exceed the purchase price originally paid for the SOFTWARE.
13. Export Rules
13.1 If purchased in the United States, the SOFTWARE shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable legislation.
14. Governing Law
14.1 If the SOFTWARE was purchased in the United States or in Europe, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Nantes, France.
15. Miscellaneous
15.1 If you acquired the SOFTWARE via the Internet (including 'Not for Resale' and/or 'Upgrade' versions):
15.1.1 SCANPOINT expressly disclaims any warranty or liability obligations to you of any kind, and the SOFTWARE, including any related documentation, is provided 'as is' without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for any particular purpose, or non-infringement;
15.1.2 SCANPOINT shall not provide you with any printed materials, including the Users Guide;
15.1.3 You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the SOFTWARE.
15.2 Remuneration, according to this EULA, is defined as the purchase price of the SOFTWARE required by SCANPOINT or its distributors and must be paid on the conditions established by them.
15.3 This EULA comes into force when you accept all the conditions stated herein by choosing the 'I accept the terms of the license agreement' declaration followed by the 'Next' command on your computer screen, and is binding for the entire period of the SOFTWARE copyright.
15.4 If you do not agree with the terms and conditions of this EULA, choose the 'I do not accept the terms of the license agreement' declaration and proceed by selecting the 'Cancel' command.
15.5 SCANPOINT guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within SCANPOINT.
15.6 SCANPOINT guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within SCANPOINT.
16. General Provisions
If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.