License Agreement

 

END USER LICENSE AGREEMENT FOR DATACARD® DESKTOP PRINTER DRIVERS

IMPORTANT: THIS SOFTWARE LICENSE ("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU ("YOU") AND DATACARD CORPORATION OR A PARTY IN DATACARD’S AUTHORIZED CHANNEL OF DISTRIBUTION ("LICENSOR") AND GOVERNS YOUR USE OF THE DATACARD SOFTWARE OR FIRMWARE THAT YOU WILL BE DOWNLOADING. BY CLICKING "I AGREE" AT THE BOTTOM OF THIS PAGE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CLICK "I DO NOT AGREE" AT THE BOTTOM OF THIS PAGE, WHICH WILL TERMINATE THE INSTALLATION PROCESS.

LICENSE GRANT. In consideration of Your purchase of a Datacard printer ("Printer"), Licensor hereby grants You a personal, non-exclusive license to use the accompanying printer driver software ("Software") with any Datacard printer. You may install and use the Software on any computer that is connected to the Printer. Additionally, You may make one (1) copy of the Software and any accompanying documentation ("Documentation") for archival purposes. All copies of the Software must bear any copyright or other proprietary notices of Datacard or any third party licensors as well as any restricted rights legends reflected on or in the Software, the original media, or the Documentation.

PROHIBITED ACTIVITIES. Except as expressly set forth herein, you may not copy, modify, alter, distribute, translate, or prepare derivative works based on the Software or Documentation. You may not decompile, disassemble, decrypt, or reverse engineer the Software or Documentation. You may not assign, sublicense, sell, rent, lease, send, or otherwise transfer the Software or Documentation to any third party.

OWNERSHIP. All rights to the Software and Documentation, including, without limitation, copyrights, patents, trademarks, and trade secrets, belong to Datacard, its subsidiaries and third party licensors. Your use of the Software is subject to United States patent, copyright and trademark laws, as well as other international laws and treaties. Nothing in this Agreement shall be construed to transfer any interest in or ownership of the Software, Documentation, or other related intellectual property to You.

UPGRADES. This License does not entitle you to any updates, upgrades or other enhancements to the Software or Documentation.

TERMINATION. You may terminate this Agreement by destroying all copies of the Software and Documentation. This Agreement will also terminate if you fail to comply with any term of this Agreement. Upon such termination, you must immediately return to Datacard or destroy all copies of the Software and the Documentation.

LIMITED WARRANTY/LIABILITY. Licensor warrants that the Software will perform in substantial compliance with DataCard’s specifications for such Software in effect at the time of the original purchase. If the defect resides in firmware or software programs contained in the equipment with which the Software was intended for use, the warranty accompanying the equipment shall govern. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL LICENSOR, ITS SUBSIDIARIES OR ANY THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATACARD’S LIABILITY EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE LICENSE GRANTED UNDER THIS AGREEMENT.

GOVERNMENT USE. If the Software is licensed for use by the U.S. government, the user agrees that the Software has been developed entirely at private expense and is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7013 or as "restricted computer software" as defined in FAR 52.227-19, as appropriate.

GENERAL. If any provision of this Agreement is determined to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions of this Agreement. This Agreement shall be governed by the laws of the State of Minnesota, USA. In the event this Agreement is translated to a language other than English, the English language version shall prevail in any interpretation. You agree that the Software and Documentation are subject to export controls imposed by the U.S. Export Administration Act of 1979 and accompanying regulations. You further agree to comply with such laws and regulations and to obtain any required U.S. Government export licenses prior to any export, re-export or sale of any of the Software or Documentation. You further certify that neither the Software nor the Documentation is intended to be used for any purposes prohibited by any law or regulation, and neither the technical data nor its current product will be shipped or exported either directly or indirectly to any country to which the United States has prohibited shipment. By installing, downloading, copying or using the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list. This Agreement constitutes the entire agreement between the parties with respect to the Software and supercedes all previous licenses, evaluations, or other agreements, communications, or representations, either verbal or written, between the Parties hereto.

If you have any questions concerning this Agreement please contact DataCard Corporation in writing at 11111 Bren Road West, Minnetonka, MN, 55343, Attn: Legal Department M/S 710.

PLEASE PRINT A COPY OF THIS LICENSE FOR YOUR RECORDS.

© 2003 DataCard Corporation. All rights reserved. 110303-CV

Printer driver end user license agreement for Datacard® desktop printers.

 
 
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