NOTICE: EUSLSA is effective as of April 9, 2021.
IMPORTANT – READ CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ARCHIVE POWER SYSTEMS, INC. FOR ALL DOCUXPLORER SOFTWARE PRODUCTS AND SERVICES, WHICH INCLUDES COMPUTER SOFTWARE AND RELATED DOCUMENTATION. BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. SOFTWARE IS PROVIDED WITH A FULL USE FIFTEEN (15) DAY EVALUATION PERIOD, NO REFUND WILL BE ALLOWED AFTER PURCHASE. NO REFUND WILL BE ALLOWED ON MEDIA ORDERED FOR EVALUATION OR USE.
ARCHIVE POWER SYSTEMS, INC. (DBA DOCUXPLORER SOFTWARE), a New York corporation, USA (“DocuXplorer”) hereby grants to you a non-exclusive license (a “License”) to use the software product identified above (the “Software”) and the accompanying printed material and User Manual (the “Documentation”), if any, for as long as you renew/maintain your license on the terms set forth below.
If you purchased the Software with a perpetual license, your license to use the purchased version of the Software will not expire. You will receive email support for the Software for a period of five (5) years from the Effective Date of the purchase. Thereafter, you may purchase additional support as needed at the then current market price as specified in our Company Policy. If a newer version of the Software becomes available, your perpetual license will afford you the option to upgrade your license to include the most current version at a discounted price. However, if you do not elect to upgrade your license to include the most current version within thirty (30) days of being notified of the available upgrade, your license will continue to allow you to use the purchased version of the Software. Thereafter, access to the current Products and Services will require you to purchase a Subscription based plan.
If you purchased the Software with a perpetual limited subscription license, you must renew your subscription license within thirty (30) days of the anniversary of your purchase of the Software in order to maintain the full functionality of the Software. While you have an active subscription, you will have email support with one (1) day turnaround or will have the option of purchasing phone support with four business hour turnaround. If you do not renew your subscription license within the required period, you will continue to have access to your DocuXplorer documents/files, but the Software will only operate in a “limited functionality” mode which prohibits users from adding new documents or editing existing documents. However, at any time you will have the option of mass exporting your data and metadata. Thereafter, access to the Products and Services will require you to purchase a Subscription based plan.
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this EUSLSA for the period of fifteen (15) days after the Software is first installed or run unless you activate your copy of the Software in the manner described during the installation sequence. Activation does not collect any personal information, but it does collect the Serial Number of the Software and identification information of the Software and/or computer hardware on which the Software is being installed. If you are not using a licensed copy of the Software, you are not allowed to install and/or run the Software or future Software updates.
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in DocuXplorer and/or its suppliers. The copyright laws of the United States and international copyright treaties protect the Software and Documentation.
This License is in effect until terminated and will terminate automatically if you fail to comply with the limitations described herein.
Each perpetual license grants a license to utilize the software version or upgrade purchased for so long as you wish to use it. A perpetual license does not include upgraded versions of the Software, which may be obtained by upgrading your perpetual license to include the newest version of the Software. Failure to upgrade a perpetual license to include an upgraded version of the Software cancels your option to upgrade your license to the most current version of the Software or any future upgrades.
Each perpetual limited subscription license is valid for a period of one year from the date you purchase the Software and is subject to renewal within sixty (60) days before and thirty (30) days after expiration by payment of the applicable renewal fee. Failure to renew your perpetual limited subscription license will automatically terminate your perpetual limited subscription license. Termination of the perpetual limited subscription license will prohibit you from making additions and changes to the Software database, although the information stored in the Software database will be accessible in a “read only” mode for any DocuXplorer Products and/or Services. Furthermore, users of DocuXplorer's Web Client will forfeit all functionality.
Your rights to the Software set forth in Section 1 shall automatically expire if at any time you (a) are no longer employed by the Customer; or (b) are no longer the primary user of a licensed copy of the Software with a valid current update subscription; or (c) install any other version of the Software that is subject to a License. In either such event, you must cease use of the Software, uninstall it from the computer or device on which you installed it and destroy all copies of the Software and all of its component parts.
You agree that DocuXplorer and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. DocuXplorer may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
THIS END-USER LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE FROM THE UNITED STATES OF AMERICA AND/OR INFORMATION ABOUT SUCH SOFTWARE THAT MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. You agree to comply with all national and international laws that apply to the Software, including, but not limited to, the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States and other governments. You shall not use or otherwise export or re-export the Software except as authorized by United States laws, regulations, and orders and the laws of the jurisdictions in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported: a) into (or to a national or resident of) any U.S. embargoed countries or b) in violation of any U.S. Department of Commerce Export Administration Regulations. 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 otherwise prohibited from lawfully using the Software.
This Agreement represents the complete agreement concerning this license between parties and supersedes all prior agreements and representations between them. The Agreement may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be invalid or unenforceable, for any reason, such provision shall be reformed to the extent necessary to remove the invalid or unenforceable portion and the remainder of this Agreement shall nonetheless remain in full force and effect. The Agreement shall be governed by and construed under South Carolina law without regard to conflict of law principles. The parties hereby submit to the exclusive jurisdiction of the courts located in Charleston, South Carolina to resolve any dispute or claim arising from this EUSLSA, regardless of which party initiates the action.
DocuXplorer warrants that the media containing the Software, if provided by DocuXplorer, is free from defects in material and workmanship and will remain so for thirty (30) days from the date you acquired the Media. DocuXplorer’s sole liability, and your sole remedy, for any breach of this warranty shall be, in Archive Power’s sole discretion: (i) to replace your defective media; or (ii) if the above remedy is impracticable, to refund the License fee you paid for the Software. Replaced Media and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Media. Only if you inform DocuXplorer of your problem with the Media during the applicable warranty period and provide evidence of the date you acquired the Media will DocuXplorer be obligated to honor this warranty. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY DOCUXPLORER. DOCUXPLORER MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT OF THIRD-PARTY RIGHTS. THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO DOCUXPLORER AGENT OR SALES REPRESENTATIVE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of the hardware and software with which the Software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
DocuXplorer is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. DocuXplorer may provide these links and access to third-party sites and services to you as a convenience only, and the inclusion of any link or access provided by DocuXplorer does not imply an endorsement by DocuXplorer of the third-party site or service.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DOCUXPLORER OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF DOCUXPLORER’S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF ARCHIVE POWER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY . THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.