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END USER LICENSE AGREEMENT AND LIMITED WARRANTY
THIS SECTION STATES THE ENTIRE LIABILITY OF OL REGARDING INFRINGEMENT BY THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICE
PROVIDED BY OL.
PRE-TESTING OF THE SOFTWARE. - You acknowledge that the Software must be thoroughly tested by you with noncritical data before you rely on
it and you hereby assume the entire risk of using the Software.
WARNING - HIGH RISK ACTIVITIES. - THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS, WITHOUT
LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT
LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). OL AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
SCOPE OF USE. - The license granted to you under this agreement is a single device license only and not a multi-device license. Consequently, you
agree to use the Software for your own customary business or personal purposes on a single instance of any physical or virtual computer system
for which the Software was licensed. If you need to use the Software on more than one device, you must purchase additional licenses. Contact OL
for applicable royalties and licensing terms.
EXCEPTIONS TO THE SCOPE OF USE.
a) The following products can be used on any number of devices: Designer, OL Connect Send and PlanetPress Search.
b) A Capture OnTheGo (COTG) user license can be used simultaneously on multiple devices if and only if the operator of these devices is the
same physical person.
c) If the Software can or will generate, create or modify PostScript programs called Variable Content Documents ("VCD"), any VCD generated
by the Software is licensed on a per "licensed output device" basis (including, without limitation, printers, Adobe Acrobat Distiller, Aladdin
Ghostscript, etc.). This means that any VCD generated by the Software can be used by any number of users as long as they use the VCD on
only that single licensed output device. If you need to use the VCD on more than one output device, you must purchase additional licenses.
In case of cluster printing systems (multiple print engines attached to a single Raster Image Processor (RIP)), each print engine needs to be
licensed individually. Contact OL for the applicable royalties and licensing terms for distribution of any VCD. Note that this paragraph does
not apply for PlanetPress Office’s “Windows Printing”, PlanetPress Production’s “Optimized PostScript Stream” and “Windows Printing”,
PlanetPress Connect or PReS Connect.
SOFTWARE ACTIVATION. - Technological protection measures are included in the Software to prevent its unauthorized or illegal use. You agree to
such technical measures and you undertake to follow their requirements.
The Software requires activation within thirty (30) days after the initial installation. If you are using a time-based license, you may need to
reactivate the Software prior to its expiry. You may also need to reactivate the Software if you modify your computer hardware or install the
Software on another computer.
SINGLE/MULTI-TENANCY SOFTWARE AS A SERVICE (SAAS) AND PAY-PER-CLICK. - This license cannot be used to offer SaaS or PAY-PER-CLICK
services without first contacting OL for execution of a specific agreement to that purpose.
ANTI-SPAM AND PROTECTION OF PERSONAL INFORMATION. - As the Software may allow you to generate and output emails, you undertake to
use the Software and any email functionality in strict compliance with any anti-spam laws and regulations applicable to you in your jurisdiction. You
also undertake to protect transactional information and personal information that you may collect using the Software in strict compliance with any
protection of personal information laws and regulations applicable to you in your jurisdiction.
OL, ITS AFFILIATED COMPANIES, DIRECTORS, OFFICERS AND EMPLOYEES ASSUME NO LIABILITY WHATSOEVER REGARDING ANY VIOLATION FROM
YOU OF ANY ANTI-SPAM OR PROTECTION OF PERSONAL INFORMATION LAWS OR REGULATIONS.
TRANSFER. - If the Software was provided to you through a leasing or a subscription agreement, it cannot and shall not be transferred and/or used
by any third party at the end of the agreement. However, if you extend the agreement or buy-out your lease without change of ownership, this
License Agreement shall remain in effect accordingly.