TERMS AND CONDITIONS
ScanLister: End-User License Agreement
READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in the following as you) and ScanLister Inc.
In the following, this product refers to the software displaying this agreement, accompanying software, associated print and electronic documentation, as well as software updates, web-based materials, and electronic services that ScanLister Inc. may provide to you in conjunction with your use of this software, to the extent that these items are not accompanied by a separate license agreement.
By installing, copying, accessing, or otherwise using this product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, access, or otherwise use this product.
1. You may not duplicate or distribute this product outside of your company or organization. You may not modify this product in any manner.
2. License to use:
a. For the products entitled ScanLister Listing Software:
You may not distribute outputs produced by this product or derivative works outside of your company or organization. All outputs produced by this product and derivative works must be destroyed upon expiration of the subscription period.
b. For all other products: You may not use this product unless you have been granted a separate license to do so from ScanLister Inc.
3. Electronic transmission of information:
a. For the products entitled ScanLister: This product automatically transmits an electronic signature of program inputs to a licensing server operated by ScanLister Inc. This signature allows ScanLister Inc. to identify violations of the 21-day limitation on the use of this product. This signature does not reveal any information related to the internal functionality of program inputs, or any information outside the scope of program inputs.
In addition, ScanLister Inc. receives and stores the time of use and network identifier of each computer on which this product is operated. You assent to the transmission, storage, and use of this information by ScanLister Inc. for purposes of enforcement of this agreement.
b. ScanLister will collect usage information and statistics including, but not limited to: program running history, download history, and usage statistics.
4. You may not reverse engineer, decompile, or disassemble this product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. You may not study, copy, reference or use this product to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third party.
6. This EULA does not grant you any rights in connection with any trademarks of ScanLister Inc.
7. All title and intellectual property rights in and to this product, including but not limited to all code, algorithms, text, images and other media incorporated into this product, are owned by ScanLister Inc.
8. You acknowledge that this product is subject to U.S. export jurisdiction. You agree to comply with all applicable national laws and international treaties that apply to this product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments.
9. You grant ScanLister Inc. the right to include your company or organization name in lists of ScanLister Inc. customers published on its web site and other promotional materials.
10. This EULA is governed by the laws of the State of North Carolina.
11. To the maximum extent permitted by applicable law, ScanLister Inc. provides this product AS IS AND WITH ALL FAULTS, and disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness, of results, and of lack of negligence, all with regard to this product.
The entire risk as to the quality of or arising out of the use of this product remains with you.
12. This product may contain technological defects and omissions, typographic errors, and technical inaccuracies. ScanLister Inc. may modify this product at any time.
13. To the maximum extent permitted by applicable law, in no event shall ScanLister Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use this product, the provision of or failure to provide Support Services, or otherwise in connection with any aspect of this product, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of ScanLister Inc., and even if ScanLister Inc. has been advised of the possibility of such damages.
14. ScanLister Inc’s cumulative liability to you or any other party for any loss of damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the larger of the license fee paid to ScanLister Inc. for the use of this product and U.S. $5.00.
15. You acknowledge that this EULA constitutes the entire agreement between you and ScanLister Inc. relating to this product, and supersedes all prior or contemporaneous oral or written communications, proposals, and representations regarding this product. This EULA is not, however, to limit any rights that ScanLister Inc. may have under trade secret, copyright, trademark, patent, or other laws that may be available to it.
16. Any provision of this EULA is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
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