THIS IS A LEGAL AGRREMENT BETWEEN YOU AND UPTIER CORPORAPTION (OPERATOR OF HYBING.COM) COVERING YOUR USE OF ANY VERSION OF DOCPATRON (THE SOFTWARE). PLEASE READ THIS CONTRACT CAREFULLY BEFORE INSTALLING OR USING IT.
1. YOUR AGREEMENT TO THIS LICENSE.
By installing and using any version of the software DocPatron (regardless if you have registered the software or not), 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, otherwise uninstall this software and destroy all copies of it immediately.
2. GRANT OF LICENSE
A. Subject to the terms below, you are hereby licensed by UpTier Corp. to use this Software for trial and evaluation purposes only one copy of DocPatron on one computer or workstation, without charge for one month after you first install DocPatron on any computer or workstation.
B. During the trial and evaluation period, full features of DocPatron except pass phrase will be accessible.
C. If you want to use this software after the trial and evaluation period, you must acquire from UpTier Corp. for a registered license for DocPatron. Refer to www.uptier.com for information about registered license pricing and ordering.
D. If you have purchased a registered license you have the right to install and use a single copy of DocPatron on one computer or workstation.
3. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
A. You acknowledge that good data processing procedure dictates that any program, including DocPatron, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of DocPatron covered by this License. This disclaimer of warranty constitutes an essential part of this License.
B. The Software DocPatron, and any and all files, data and materials are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither UpTier Corp. nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, DocPatron. Neither UpTier Corp. nor any of its affiliates or licensors warrants that the operation of DocPatron will be uninterrupted or error-free, or that the use of any pass phrase and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file.
C. In no event will UpTier Corp., its affiliates or licensors be liable for any damage or financial loss arising out of the use of, or inability to use, DocPatron. In no event shall UpTier Corp., or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of DocPatron, or to your relationship with UpTier Corp., its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
4. EXPORT RESTRICTIONS
A. DocPatron is subject to certain export restrictions and controls of USA Government. You may not download, install, access, use, or license DocPatron if
a. You are in a country to which export from USA is restricted for anti-terrorism reasons, or a national of any such country, wherever located.
b. You are not a citizen of USA.
c. You are in a country to which USA has embargoed or restricted the export of goods or services, or a national of any such country, wherever located.
d. You are a person or entity that has been prohibited from participating in USA export transactions by any agency of the USA Government.
B.Licensee agrees and certifies that DocPatron is not being or will not be acquired, shipped, transferred, exported or re-exported, directly or indirectly, into any country prohibited by export restrictions and controls. Licensee bears all responsibility for export law compliance and will indemnify UpTier Corp. against all claims based on Licensee's exporting the Software.
5. RESTRICTED RIGHTS
Subject to the terms of this License, UpTier Corp. grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use DocPatron, solely for your personal or internal business purposes.
All copyrights to DocPatron are exclusively owned by UpTier Corp. The Software is protected by USA copyright laws, international treaties and all other applicable national or international laws.
If you fail to comply with any provision of this license, the license will be terminated immediately without notice from UpTier Corp. and you will uninstall this software and destroy all copies of it immediately.
This Agreement shall be interpreted, construed, and enforced according to the laws of the Washing State, USA. In the event of any action under this Agreement, the parties agree that federal and state courts located in Seattle, Washington will have exclusive jurisdiction and that a suit may only be brought in Seattle, Washington and Licensee submits itself for the jurisdiction and venue of the state and federal courts located in Seattle, Washington.
This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman or agent has any authority to obligate UpTier Corp. by any terms, stipulations or conditions not expressed in the Agreement.
If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.