PROGRAM LICENSE AGREEMENT (‘PLA’) FOR DOCPATH DOCUMENT SOLUTIONS SOFTWARE
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
“DocPath” is DocPath Document Solutions S.L. or one of its subsidiaries.
“License Information” (“LI”) is the information contained in this document. The LI may also be found in a file in the Program’s directory, by the use of a system command, as a presentation window during the installation process, as a printed document which accompanies the Program or in the internet at https://www.docpath.com/pla.
“Program” is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. Any of the aforementioned may be delivered to be installed on premises or available on the internet for delivery as Software as a Service (SaaS).
A “Proof of Entitlement” (“PoE”) is evidence of Your authorization to use a Program at a specified level. That level may be measured, for example, by the number of processors or users, or per a volume of production (pages/images per month). The PoE is also evidence of Your eligibility for warranty, future upgrade prices, if any, and potential special or promotional opportunities. If DocPath does not provide You with a PoE, then DocPath may accept the original paid sales receipt or other sales record from the party (either DocPath or its Authorized Reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired.
“You” and “Your” refer either to an individual person or to a single legal entity.
This Agreement includes this License Information and the Proof of Entitlement and is the complete agreement between You and DocPath regarding the use of the Program. It replaces any prior oral or written communications between You and DocPath concerning Your use of the Program.
1. Entitlement
License
The Program is owned by DocPath or a DocPath supplier, and is copyrighted and licensed, not sold.
DocPath grants You a nonexclusive license to use the Program when You lawfully acquire it.
When delivered to you for on premises use You may 1) use the Program up to the level of use specified in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.
When provided to You as Software as a Service you might make copies of documentation, Proof-of-Entitlement and this License. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the documentation.
If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party.
In case You use the software as Software as a Service, upgrades will be responsibility of DocPath.
You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
DocPath may terminate Your license if You fail to comply with the terms of this Agreement. If DocPath does so, You must destroy all copies of the Program and its PoE.
Scope of License
This Program is licensed to You for the use on ONE machine with a Four Core Processor machine, unless explicitly indicated otherwise in your Proof of Entitlement (PoE). In some cases, the program may be licensed for a specific volume of images or pages per month and You may not surpass the specified volume of production without remitting compensation set by DocPathfor any amount exceeded.
Derivative works
The Program, as any DocPath product, licensed to You may only be used for the purpose that it is intended and any derivative work is forbidden. Derivative works are such as the use of DocPath Designer to create an output not to be used by other DocPath product, or the use of any DocPath produced output to be manipulated with any third party program to create another type of output.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and You are the original licensee, You may obtain a refund of the amount You paid for it, if within 30 days of Your invoice date You return the Program and its PoE to the party from whom You obtained it. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
Program Transfer
You may transfer a Program and all of Your license rights and obligations to another party only if that party agrees to the terms of this Agreement. When You transfer the Program, You must also transfer a copy of this Agreement, including the Program’s PoE. After the transfer, You may not use the Program.
2. Charges
The fee for a Program license is charged periodically, as a subscription, and as specified in the Proof of Entitlement (PoE), unless specified otherwise.
Subscription charges are determined by the level of usage acquired, as outlined in the PoE. DocPath does not provide credits or refunds for charges that are already due or paid, except as expressly stated elsewhere in this Agreement.
If You wish to increase the level of use, notify DocPath or the party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee, excluding those based on DocPath’s net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that You acquire it.
3. Limited Warranty
DocPath warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. DocPath does not warrant uninterrupted or error-free operation of the Program or that DocPath will correct all Program defects. You are responsible for the results obtained from the use of the Program.
If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the DocPath databases, You may return the Program and its PoE to the party (either DocPath or its reseller) from whom You acquired it and receive a refund in the amount You paid. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
4. Limitation of Liability
Circumstances may arise where, because of a default on DocPath’s part or other liability, You are entitled to recover damages from DocPath. In each such instance, regardless of the basis on which You may be entitled to claim damages from DocPath, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), DocPath is liable for no more than the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim.
This limitation of liability also applies to DocPath’s Program developers and suppliers. It is the maximum for which they and DocPath are collectively responsible.
UNDER NO CIRCUMSTANCES IS DOCPATH, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
LOSS OF, OR DAMAGE TO, DATA; SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
You agree to comply with all applicable export and import laws and regulations.
You agree to allow DocPath to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of DocPath for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research).
Neither You nor DocPath will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither You nor DocPath is responsible for failure to fulfill any obligations due to causes beyond its control.
This Agreement will not create any right or cause of action for any third party, nor will DocPath be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which DocPath is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and DocPath consent to the application of the laws of the country in which You acquired the Program license to govern, interpret, and enforce all of Your and DocPath’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles, unless otherwise specified in PoE or other agreements.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license, unless otherwise specified in PoE or other agreements.
DocPath®
PROOF OF ENTITLEMENT (PoE) FOR
DOCPATH DOCUMENT SOLUTIONS SOFTWARE
The required Proof of Entitlement must be obtained from DocPath Document Solutions, from one of its subsidiaries, or from a DocPath Business Partner.
Without the required Proof of Entitlement this License is voided.