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Appligent Server Software License Agreement

Legendary Technical Support

APPLIGENT INC d/b/a Appligent Document Solutions

Server Software License Agreement

Please read this license carefully before using this software. By using any portion of this software, you accept all terms and conditions of this agreement. If you do not agree with the terms of this license agreement, do not use this software. Promptly return this software UNOPENED along with the rest of the package and proof of payment, to the location from which you obtained it for a full refund.

This License allows you to use ONE copy of the enclosed software ("Software") on a SINGLE Server of up to four (4) cores or on a single server with more than four (4) cores as detailed in the Purchase Agreement. You may make one backup copy of the Software for disaster recovery purposes, provided your backup is not installed or used on any computer. You may not run the Software over a Network from a mounted or mapped drive. You may not copy the software to use for development, testing or staging purposes.

1. Restrictions: You may not resell, transfer, rent or lease the Software without the specific agreement of Appligent. You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form. You may not modify, create derivative works based upon, adapt, translate, rent, lease, make available on a subscription or SaaS basis or loan the Software or any part thereof. SaaS and Subscription based licensing is available as a separate OEM agreement.
2. Software Transfer: You may transfer the Software with a copy of this Agreement and all written materials, to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement. Appligent must be notified of the intended transfer in writing, at least 30 days prior to the transfer. If you breach this Agreement, the license terminates automatically and immediately and you must destroy or return to Appligent all your copies of the Software.
3. Virtual Machines: Each virtual hardware partition, or guest operating system, is a separate server which requires a separate license of Appligent software. For licensing purposes, a virtual hardware partition contains the same number of cores as its underlying physical hardware system.
4. Limited Warranty: Appligent warrants the media on which the Software is provided to be free from defects in materials under normal use for a period of ninety days from the date of delivery as evidenced by your purchase receipt. Your sole and exclusive remedy for breach of this warranty is replacement of the media upon delivery of the defective media to Appligent Document Solutions.
5. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING DOCUMENTATION.
6. Limitation of Liability: IN NO EVENT WILL APPLIGENT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR ANY LOSS OF BUSINESS PROFITS, INFORMATION OR USE.
7. Export Law Assurances: You may not export or reexport the Software except as authorized by United States law and the
   laws of the jurisdiction in which the Software was obtained. The Software may not be exported or reexported (1) into or to a national or resident of any U.S. embargoed country as specified in the State Department's Embargoed Country List or (2) to anyone on the U.S. Treasury Department's Embargoed Country List for Exports or (3) to anyone on the U.S. Department of Commerce's Embargoed Country List. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. Notice to U.S. Government End Users
   a. The Software and Documentation are "Commercial Item(s)" as defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as commercial items and (b) only with those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States. Appligent Inc. 22 E. Baltimore Avenue, Lansdowne PA 19050.
9. U.S. Government Licensing of Appligent Technology. You agree that when licensing Appligent Software for acquisition by the U.S. Government, or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. 12.212 for Civilian Agencies and 48 C.F.R. 227-7202-1 and 227-7202-4 for Defense Agencies.
10. Compliance with Licenses: If you are a business or organization, you agree that upon request from Appligent or Appligent's authorized representative, you will within thirty (30) days fully document and certify that you are in conformity with your valid licenses. Appligent may at its expense, appoint an independent third party to verify the usage and number of copies and installations of the Software in use by the Licensee. 
11. Governing Law: This Agreement is governed by the laws of the Commonwealth of Pennsylvania. This Agreement is the entire agreement between you and Appligent and may only be changed by a written agreement signed by an officer of Appligent.
12. General Provisions: If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. Updates may be licensed to you by Appligent with additional or different terms.