PDF Printer End user license agreement

NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS WHICH ARE OWNED AND PROVIDED BY DIGITECH SOLUTIONS, INC. AND ITS SUBSIDIARIES (REFERRED TO IN THIS AGREEMENT AS "WE" OR "DIGITECH" or “DIGITECH SOLUTIONS”). THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY DIGITECH SOLUTIONS SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE (DEFINED IN SECTION 1 BELOW). PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE DIGITECH SOLUTIONS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE DIGITECH SOLUTIONS SOFTWARE.

Special Notice for Non-English Speakers:
The DigiTech Solutions Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the DigiTech Solutions Software. In any event, if you choose to install or Use the DigiTech Solutions Software, you will be bound by Agreement and the Privacy Policy incorporated herein.

Notice for All Users:
By installing the DigiTech Solutions Software, you get free access to special services and software applications. The DigiTech Solutions Software will show you a limited amount of advertising based on the keywords and websites you visit.

1. Definitions. "DigiTech Solutions Software" means (a) any software that accompanies this Agreement, and (b) any bug fixes, upgrades, modified versions or updates to the DigiTech Solutions Software (collectively referred to as “Updates”) that we subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the DigiTech Solutions Software.

2. Owner of Computer; All Users Bound; Age Limitation; Software License. You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the DigiTech Solutions Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the DigiTech Solutions Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the DigiTech Solutions Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the DigiTech Solutions Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the DigiTech Solutions Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the DigiTech Solutions Software. By accepting the terms of this Agreement and Using the DigiTech Solutions Software you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, DigiTech Solutions grants to you a non-exclusive, revocable license to Use the DigiTech Solutions Software, in binary executable form only, solely for the purposes described in this Agreement.

3. Other Software. In addition to the DigiTech Solutions Software, you will also be given the opportunity to access, download and/or use the technologies, services and/or content owned by third parties (collectively, “Other Software”). If you choose to access or use such Other Software, you acknowledge and agree that your rights to such Other Software are governed solely by the license terms and conditions accompanying Other Software. For example, you may be required to click and accept additional end user license terms (“Other EULA”) prior to the download, installation, copying or use of such Other Software. The Other EULA governs your use of Other Software, and not the terms of this Agreement. However, such Other EULA shall not affect any terms in this Agreement or your use of the DigiTech Solutions Software. You further agree that DigiTech Solutions is not responsible for any loss or damage of any sort incurred as a result of your download, installation, or use of Other Software, and you hereby waive and hold DigiTech Solutions harmless from any losses arising under any claim you may have against DigiTech Solutions with respect to Other Software.

4. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the DigiTech Solutions Software or attempt to discover or recreate the source code to the DigiTech Solutions Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the DigiTech Solutions Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the DigiTech Solutions Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of DigiTech Solutions or its licensors in the DigiTech Solutions Software, (e) not Use the DigiTech Solutions Software for purposes for which it is not designed, and (f) only Use the DigiTech Solutions Software for personal, non-commercial use.

5. Intellectual Property Rights. The DigiTech Solutions Software is the intellectual property of, and owned by DigiTech Solutions and its licensors and suppliers. The structure, organization and code of the DigiTech Solutions Software are the valuable trade secrets and confidential information of DigiTech Solutions and its licensors and suppliers. The DigiTech Solutions Software is protected by copyright, including without limitation by copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the DigiTech Solutions Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by DigiTech Solutions and its assigns, licensors and suppliers.

6. Third Party Code; Notice and Attribution. The DigiTech Solutions Software may include third party software subject to open source license terms. All rights are reserved by the licensors of such code. You acknowledge and agree that your right to use these publicly available components of the DigiTech Solutions Software is governed by the terms applicable to each application. In the event of any conflict with the express terms of this Agreement, the terms of such publicly available license shall control your use of the relevant application. In no event shall the DigiTech Solutions Software be deemed “open source” or “publicly available” software.

7. Functionality. The DigiTech Solutions Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the DigiTech Solutions Software).

8.. Identification of Advertisements. The advertisements that the DigiTech Solutions Software presents are are not endorsed by or affiliated with the websites that trigger their appearance.

9. Uninstallation. You understand and agree that the presence of the DigiTech Solutions Software on your computer is voluntary and that you may remove the DigiTech Solutions Software from your computer at any time by using the “Add/Remove Programs”, or Internet Explorer tools for removing Browser Helper Objects. Uninstallation of such DigiTech Solutions Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect.

10. Updates. DigiTech Solutions, in its sole discretion, may provide you with Updates to the DigiTech Solutions Software as part of this Agreement. The DigiTech Solutions Software will automatically check with DigiTech Solutions for the existence of any Update that DigiTech Solutions has released, and in the event that one is available, the DigiTech Solutions Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring that DigiTech Solutions provide Updates. DigiTech Solutions will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed DigiTech Solutions Software without your prior consent.

11. Disclaimer of Warranties and Remedies; Indemnity.

11.1. No Warranty; Disclaimer. YOUR USE OF THE DIGITECH SOLUTIONS SOFTWARE IS AT YOUR SOLE RISK. THE DIGITECH SOLUTIONS SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITECH SOLUTIONS, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITECH SOLUTIONS, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE DIGITECH SOLUTIONS SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE DIGITECH SOLUTIONS SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITECH SOLUTIONS SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DIGITECH SOLUTIONS SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE DIGITECH SOLUTIONS SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA DIGITECH SOLUTIONS SOFTWARE OR THE USE OF THE DIGITECH SOLUTIONS SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND DIGITECH SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITECH SOLUTIONS SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITECH SOLUTIONS OR THROUGH OR FROM THE DIGITECH SOLUTIONS SOFTWARE SHALL CREATE ANY WARRANTY.

11.2. Limitation of Damages. NEITHER DIGITECH SOLUTIONS NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE DIGITECH SOLUTIONS AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE DIGITECH SOLUTIONS SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF DIGITECH SOLUTIONS OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DIGITECH SOLUTIONS`S OR ANY OF ITS LICENSORS’ OR SUPPLIERS’ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $500.00. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Any representations made with respect to, and support or assistance offered by DigiTech Solutions in connection with, the DigiTech Solutions Software are offered by DigiTech Solutions only and not by any third party providing open source to DigiTech Solutions.

12. Use of Information. By installing the DigiTech Solutions Software, you grant permission for DigiTech Solutions to collect and use certain information. You acknowledge that you have reviewed the DigiTech Solutions Privacy Policy, which describes DigiTech Solutions`s practices with respect to the collection, use and disclosure of information in connection with your Use of the DigiTech Solutions Software.

DigiTech Solutions reserves the right to change the provisions of its Privacy Policy from
time to time. Your Use of the DigiTech Solutions Software following the such changes to the Privacy Policy will constitute your acceptance of any such changes.

12.1. Infringement Reporting Procedure. DigiTech Solutions shall not be responsible for Other Software and/or content hosted by non-DigiTech Solutions content providers. However, if you are aware of any infringing or illegal content hosted by a site that utilizes the DigiTech Solutions Software as an access control mechanism, contact us via written mail immediately.

13. Compatibility. DigiTech Solutions does not warrant that the DigiTech Solutions Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer`s performance to suffer. In the event that the DigiTech Solutions Software is not compatible with your hardware or other software installed on your computer system, the DigiTech Solutions Software can be uninstalled by you. Like all software, the DigiTech Solutions Software utilizes some of your computer`s resources to run, including system memory and Internet connection. Use of the DigiTech Solutions Software on a computer with inadequate system resources will cause such computer`s performance to suffer.

14. User Representations and Warranties. You acknowledge, represent and warrant that (a) you own the computer on which you are installing the DigiTech Solutions Software, or have the authority to install the DigiTech Solutions Software on such computer; (b) your installation and/or Use of the DigiTech Solutions Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the DigiTech Solutions Software; and (c) DigiTech Solutions is not causing the DigiTech Solutions Software to be installed on your computer, but has provided the DigiTech Solutions Software to you, which you are installing of your own volition.

15. Indemnification. You agree to defend, indemnify, and hold harmless DigiTech Solutions, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys` fees and costs) arising out of your use of the DigiTech Solutions Software or your breach of this Agreement.

16. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of The Republic of Panama., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. pursuant to its Comprehensive Arbitration Rules and Procedure (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any arbitration conducted hereunder shall take place in Panama City, Panama. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator`s fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys` fees. The Republic of Panama law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit DigiTech Solutions from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions.

17. United States Government End Users. If you are an end user acting on behalf of the United States Government (“U.S. Government”), the DigiTech Solutions Software is provided to you with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

18. Miscellaneous. This is the entire agreement between DigiTech Solutions and you relating to the DigiTech Solutions Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the DigiTech Solutions Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of DigiTech Solutions. If you violate any term of this Agreement, DigiTech Solutions may terminate this Agreement without waiving any other rights. This Agreement is assignable by DigiTech Solutions. You may not assign your rights and obligations under this Agreement. You agree that regardless of any statue or law to the contrary, that any cause of action against us arising out of or related to our Software, must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.

19. Contact Us. If you have any questions about the DigiTech Solutions Software should e-mail us at info@pdfprintpro.com