eCopy Evaluation

This eCopy Evaluation Version End User License Agreement (this "Agreement") is a legal agreement between you, an end user individual or entity ("you") and eCopy, Inc. ("eCopy"), and applies to the eCopy products described below. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THE ECOPY PRODUCTS AND YOU ARE NOT PERMITTED TO DOWNLOAD OR INSTALL THE SOFTWARE.  If you or a third party acting on your instructions checks the "I Accept" box and downloads the Software,  then you will be deemed to have accepted and agreed to this Agreement. DO NOT DOWNLOAD OR INSTALL THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
1. eCOPY PRODUCTS.  eCopy™ Software consists of the particular eCopy software product which you have chosen to download from an eCopy website and which is identified on such site (the "Software").  The Software may include certain third party software licensed to eCopy by its suppliers (including PDF technology of Adobe Systems Incorporated).  The Documentation consists of certain written eCopy Software documentation provided to you along with or as part of the eCopy Software and downloaded from the eCopy website (the "Documentation"). The Software and Documentation are referred to collectively as the "eCopy Products."
2. ACTIVATION.  Certain eCopy software products require activation in order to function.  If the Software you download requires activation, then you must follow the activation instructions  located in the applicable Software or otherwise provided to you as part of the download process.
3. OWNERSHIP.  The eCopy Products are owned by eCopy and/or its suppliers, and are protected by intellectual property laws, including without limitation United States and foreign copyright laws and international treaty provisions.  The Software’s structure, organization and code are valuable trade secrets of eCopy and its suppliers.  You will: (i) not disclose the eCopy Products to any person except as authorized by this Agreement, and (ii) protect the confidentiality of the eCopy Products with at least the same degree of care as you use with your own most sensitive confidential information, but in no event less than a reasonable standard of care.  Except as expressly set forth below, you are not granted any rights to the eCopy Products and all such intellectual property rights therein not expressly granted to you in this Agreement are retained by eCopy.
4. LICENSE GRANT.  Subject to the terms and conditions of this Agreement, eCopy hereby grants to you a non-exclusive, revocable, non-transferable, limited license (the "License") to use the eCopy Products only: (i) for your own personal or internal business purposes, and (ii) for the duration of the License Term, as defined in Section 8 below.
5. USE LIMITATIONS.  This License authorizes you to use the Software for the purposes described in the Documentation for up to forty-five (45) days after you install or activate the Software.  You may purchase the right to use the full version of the Software (if then available) under the terms of eCopy’s standard End User License Agreement.  YOU UNDERSTAND AND AGREE THAT AFTER 45 DAYS, YOU WILL NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE.
6. LICENSE RESTRICTIONS.  You may not, directly or indirectly: (a) modify, adapt, translate, decompile, disassemble, reverse engineer, or create derivative works of the eCopy Products, or otherwise attempt to discover source code from the Software, (b) transfer, rent or lease the Software or use it to provide a timesharing, service bureau or similar service, (c) disclose or provide the Software to any person except your employees, contractors or agents to the extent the foregoing are permitted to use the Software under this Agreement and provided that you ensure that each of the foregoing use the Software solely in accordance with the terms of this Agreement, (d) remove, modify and/or obscure any copyright or other proprietary notice on the eCopy Products, or (e) use any third party software provided with the eCopy Product for any purpose except as part of the eCopy Product.
7. NO COPIES.  You may not copy the eCopy Products, but you may download additional evaluation copies of the eCopy Products from the applicable eCopy website.
8. LICENSE TERM.  Your "License Term" will commence as of the date you install the Software (or as of the date you activate the Software, if such activation is required), and will automatically expire forty-five (45) days later, unless sooner terminated as set forth below.  The License Term may be terminated either by you at any time by notifying eCopy in writing, or automatically, upon your failure to comply with any term or condition of this License. You may exercise all of the eCopy Product license rights granted to you in this Agreement solely during the License Term. Provisions of this Agreement which should by their nature survive, including provisions on limitations on liability, governing law, and intellectual property rights protections, will survive the expiration or termination of this Agreement.
9. DISCLAIMER OF WARRANTY. THE ECOPY PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOPY AND ITS SUPPLIERS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE ECOPY PRODUCT, WHETHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). You assume responsibility for the selection of the eCopy Products to achieve your intended results and for the installation and use of, and results obtained from, the eCopy Products.  eCopy does not warrant that the functions contained in the eCopy Products will meet your requirements or that the operation of the eCopy Products will be uninterrupted or error free, or that defects will be corrected.  Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
10. LIMITATION OF LIABILITY. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECOPY, ITS SUPPLIERS, OR DISTRIBUTORS, AND/OR THE OFFICERS, DIRECTORS AND EMPLOYEES OF ANY OF THE FOREGOING PARTIES (COLLECTIVELY, THE "ECOPY PARTIES") BE LIABLE FOR ANY SPECIAL, INDIRECT, DIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION) PERTAINING IN ANY WAY TO THE ECOPY PRODUCTS OR TO ANY OF ECOPY’S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF ANY SUCH ECOPY PARTIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of special damages, so the above limitations may not apply to you.  In such case, the liability of the eCopy Parties shall be limited to the greatest extent permitted by applicable law.
11. GENERAL
(a) Export. You agree that you do not intend to, nor will you, export or re-export the Software or Documentation from the United States, directly or indirectly, except in compliance with all applicable statutes and regulations, including, without limitation, the Export Administration Regulations of the U.S. Department of Commerce and any U.N. embargoes in effect from time to time.  In addition, if the Software is identified as export controlled items under applicable export laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the applicable export laws from receiving the Software.  You agree that if eCopy ships eCopy Products to you outside of the US, you will comply with the export laws of your jurisdiction.
(b) U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and the Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. The Manufacturer is eCopy, Inc., One Oracle Drive, Nashua. NH 03062 USA.
(c) Governing Law. This Agreement will be governed by the laws of the State of New Hampshire and of the United States of America, and excluding the U.N. Convention on Contracts for the International Sale of Goods, and you agree to submit to the exclusive jurisdiction of the courts of New Hampshire.
(d) Miscellaneous.  This Agreement is the complete and exclusive statement of the terms and conditions under which eCopy will provide you with the eCopy Products, and supersedes any prior proposal, agreement or communication, oral or written, including any request for proposal or other ordering document, pertaining to the subject matter of this Agreement.  Failure by eCopy to require strict performance of any of your obligations under this Agreement at any time will not be deemed a continuing waiver of such obligation or a waiver of any other obligation.  If any term or provision of this Agreement is held unenforceable, the validly of the remaining terms will not be affected.  This Agreement will not prejudice the statutory rights of any party dealing as a consumer.  You will comply with all applicable laws regarding this Agreement.  eCopy may assign this Agreement at any time provided the assignee agrees to be bound by the terms hereof.  You may not assign this Agreement without eCopy consent, and any attempted assignment in violation of this provision will be null and void.  All questions concerning the terms and conditions of this Agreement should be directed to eCopy in writing to: Legal Department, eCopy, Inc., One Oracle Drive, Nashua, NH 03062 USA.
14. TRADEMARKS.  eCopy, the eCopy logo, eCopy ShareScan, eCopy ScanStation, and eCopy Desktop are trademarks or registered trademarks of eCopy, Inc.  "Adobe" and "Adobe PDF Library" are either registered trademarks or trademarks of Adobe in the United States and/or other countries. All other names and product names are trademarks or registered trademarks of their respective owners and are hereby acknowledged.
15. ACKNOWLEDGEMENT.  You acknowledge that you have read all of the above terms and conditions, understand them, and agree to be bound by them.  You understand that no third party is authorized to make any representations or warranties on eCopy’s behalf nor to vary any of the terms or conditions of this Agreement.