END-USER LICENSE AGREEMENT FOR MYSCRIPT® NOTES MOBILE
MyScript® Notes Mobile ("Software") is a registered mark or trademark of VISION OBJECTS.
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this End-User License Agreement ("Agreement"). If you do not agree to the terms of this agreement, do not install or use this Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
TERMS AND CONDITIONS
1. Grant of License
Upon your payment of the applicable license fee, VISION OBJECTS will grant to you the non-exclusive right and license to install and use the Software and all related user documentation for your personal use and on any device that you own or control. All rights not expressly granted to you by this Agreement are reserved by VISION OBJECTS. This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies.
VISION OBJECTS retains all title, interest and proprietary rights in and to the Software. You may not copy all or any part of the Software except:
(a) to make one copy of the Software solely for backup and archival purposes.
(b) to transfer the Software to a single hard disk or other disk storage device. You shall not remove any copyright or other proprietary notice from the Software and you must reproduce all copyright and other proprietary rights notices on any copy you make.
3. Other Restrictions
You shall not:
(a) modify, translate, reverse engineer, de-compile, or disassemble the Software.
(b) directly or indirectly export or re-export the Software.
(c) except as otherwise provided herein, assign, sell, lease, rent, sub-license, distribute, or otherwise transfer or attempt to transfer the Software. If you have a valid license to the Software under section 1 above, you may transfer the Software solely on a permanent basis as long as you retain no copies of the Software and the recipient agrees, in writing, to the terms of this Agreement. Any transfer of the Software must include all updates and prior versions.
If you fail to comply with any of the terms of this Agreement, your license shall automatically terminate. Such termination shall be in addition to, and not in lieu of, any criminal, civil or other remedies available to VISION OBJECTS.
Upon termination of this Agreement, you agree to destroy the Software and all copies, if any.
If any of the Software is found to, or if VISION OBJECTS believes it may be found to infringe a patent, trademark, or copyright or misappropriate a trade secret, VISION OBJECTS, at its sole option, may:
(a) obtain a license to use such Software, or
(b) provide a substitute having comparable or better functionality or performance characteristics, or
(c) terminate this Agreement and your license to such Software.
5. Assignment by VISION OBJECTS
This Agreement and the rights and obligations of VISION OBJECTS hereunder may be assigned by VISION OBJECTS at any time without notice to you.
6. Limited Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISION OBJECTS does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The Software is provided "as is" and VISION OBJECTS expressly disclaims any and all other warranties, expressed, implied or statutory concerning the software or the application, operation or use thereof, or the data generated by the operation or use thereof, including, any implied warranty arising by statute or otherwise in law or from a course of dealing or usage of trade and all implied warranties of merchantability or of merchantable quality, non-infringement or of fitness for any purpose, particular, specific or otherwise, concerning the software and the accompanying written materials and the application, operation, or use thereof.
7. No liability for damages
You assume the entire risk as to the quality and performance of the software. In no event shall VISION OBJECTS have liability to you or any other person or entity for damages in the form of consequential, incidental, or special damages, lost profits, lost savings, lost data, loss of goodwill or otherwise, or for exemplary damages, resulting from your use or inability to use the Software, even if VISION OBJECTS has been advised of the possibility of such damages. VISION OBJECTS' entire liability and your exclusive remedy for any breach of this Agreement by VISION OBJECTS shall be replacement of defective media or, if VISION OBJECTS is unable to replace such media, refund of the license fee paid in respect of the Software. VISION OBJECTS' aggregate liability for all claims under this Agreement shall not exceed the amounts received by VISION OBJECTS from you for the Software licensed hereunder.
8. Contact: Any questions, complaints or claims with respect to the Software should be directed to: Vision Objects, http://myscriptsupport.visionobjects.com
9. Governing Law
This Agreement shall be governed by, and construed in accordance with, the internal laws of France. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
10. Entire Agreement
This Agreement is the entire agreement between you and VISION OBJECTS regarding the Software, and it supersedes any information you received relating to the Software or the subject matter of this Agreement.