Partner and Partner’s Sub-Resellers shall ensure that prior to delivery of the Software to an End User, such End User shall enter into a EULA with Supplier accompanying each copy of the Software which shall include the following EULA Minimum Requirements (as amended from time to time by Supplier). Further, Partner is encouraged to include a limited warranty and limitation of liability, and other customary terms, in its EULA.
1.1 The Software is licensed, not sold. End-User acknowledges that the Software (as changed from time to time) is the property of Partner or its licensors. All rights not explicitly licensed to End User shall remain with Partner or its licensors.
1.2 The License is time-limited non-exclusive and grants End User the right to use the Software solely in object code form and only for the agreed license term.
1.3 Licenses to the Software are either user based licenses or device-based licenses, or a combination of both as outlined below:
(a) For licensing of the Software under a user-based license, one user license is needed for each End User who has access to the HCP-Software.
(b) For licensing of the HCP-Software under a Device-based license, one Software device license is needed for each device used with the Software, regardless of the number of print queues used. In this context, a “device” is defined as either (a) a physical printer device capable of outputting printed material generated by the Software or (b) a physical scanner device capable of scanning documents into a digital format by the Software.
1.4 If the Software End User installs is subject to a TRIAL-License, End Users rights are limited as described as follows:
(a) End User may use the Software solely for evaluation purposes for 30 days from the date that he was given access to the Software
(b) End User’s use of the Software may be terminated by Partner without notice at any time; and
(c) in light of the fact that the TRIAL-License is provided to End User free of charge, End User waives any and all rights to make any claims against Partner or any third party based on the Software being faulty, defective, unfit, or unsatisfactory. TRIAL-Licenses may contain a “time-out” mechanism that will automatically reduce the functionality or disable use of the Software at the end of the trial period.
1.5 End User may not copy the Software, except as provided above in this EULA Minimum Requirements. End-User may not sell, rent, lease, sublicense or redistribute Software, or use or permit others to access, install or use the Software, except as provided in this EULA Minimum Requirements.
1.6 End User may not alter or remove any copyright, trademark, patent, or other protective notices contained in or on Software.
1.7 End User may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive its source code, except and only to the extent that any of these activities is permitted by applicable law despite this restriction. To the extent that the right to decompile, disassemble or reverse engineer the Software is permitted by applicable law, End User agrees not to do so if Partner makes available to End User a separate software module that allows End-User to achieve interoperability of an independently created computer program for use with the Software. End-User agrees that, prior to attempting to achieve such interoperability, End User will obtain written notification from Partner and Partner’s relevant licensors that it is/they are unwilling to make such a software module available within a reasonable period of time.
1.8 End User may not modify, disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with features of the Software that enforce license restrictions or limits or report technical or statistical information regarding the Software or its use.
1.9 End User may not continue to use prior versions of any Software after having been given access to an upgrade of the Software or any update that wholly replaces the Software.
1.10 End User shall not provide, disclose, or otherwise make available the Software in any form to any person other than End User’s employees, Partner’s Sub-Resellers or licensed End Users.
1.11 End User accepts that it cannot raise any claims against any parties based on the Software being faulty, defective, unfit, or unsatisfactory. End-User accepts that third parties can enforce this provision directly against End User.