Software License Agreement
IMPORTANT: Read this agreement before installing ScanFile. By installing ScanFile you are deemed to agree to be bound by this agreement.
This license agreement is a legal document between you and Spielberg Solutions GmbH. If you do not agree to the terms of this agreement return the software CD and accompanying documentation (the “Documentation”) and other items to the place from where you obtained them for a refund before they are marked or damaged in any way.
In consideration of the right to use the Software you agree to abide by the terms and conditions of this agreement.
GRANT OF LICENSE
The Software consists of the software modules by:
Spielberg Solutions GmbH, a German public listed company having its place of business at Obere Kaiserswerther Str. 17, 47249 Duisburg, Germany (“Spielberg”);
Microsoft Corp., a Washington Corporation having its place of business at 1 Microsoft Way, Redmond, WA 98052-6399, USA (“Microsoft”);
MICROPLEX Trading GmbH, a German Company having its place of business at Leipziger Chaussee 191g, 06112 Halle, Germany(“Microplex”);
KOFAX Inc., a Californian company having its place of business at 15211 Laguna Canyon Road, Irvine, CA 92618-3146, USA (“KOFAX”);
Developer Express Inc., a Nevada company having its place of business at 6340 Mcleod Dr. Suite1, Las Vegas, NV 89120, USA (“DevExpress”);
EMC a Division of Captiva Software Corporation, a Californian company having its place of business at 1299 Parkmoor Drive, San Jose, California 95126, USA (“EMC”);
Oracle Corporation, a Californian company having its place of business at 500 Oracle Parkway, M/S 5op7, Redwood Shores, California 94065, USA (“Oracle”)
You understand and acknowledge that any software module included in the Software may have utility with or be able to be called by other software and/or hardware, which Spielberg considers to be an unauthorised use of the Software. Accordingly, you agree that you will use such software modules only as part of the Software and not in conjunction with, or as part of, or as a component of other software and/or hardware which makes calls to such software modules.
Spielberg grants you the personal non-exclusive rights:
For a single-user version of the Software, to install and use the Software for internal purposes only on a single computer (the Software is considered in use when it is installed in the temporary memory, i.e. RAM, or the permanent memory, i.e. Hard Disk Drive).
For a multi-user version of the Software, to install and use the Software for internal purposes only for the number of computers or simultaneous users identified in the Installation Configuration sheet of the Software package (for example, if you have purchased a 5-User license you may install the Software for simultaneous use by up to 5 Users on a network).
You may make whatever copies you deem appropriate from the ScanFile “delivery” Compact Disc, the Programs, Example Files and any other promotional material that may be included thereon. The Application Manual, or any part thereof, may be reproduced in sufficient quantity to support only the number of users licensed to you and no more. You must reproduce and include on the backup copy the copyright notice and other ownership or proprietary legends that are on the original copy of the Software.
You may NOT make or attempt to make any copy whatsoever of the ScanFile License. ANY ATTEMPT TO COPY, TRANSFER OR RESTORE THE LICENSE MAY CORRUPT THE ENABLING LICENSE. The License, once enabled, represents the full purchase value of the license to use the ScanFile Software. The enabled License can be manipulated ONLY by the commands within the ScanFile application.
You may not market, distribute or transfer the Software or the Documentation to others, or electronically transfer the Software from one computer to another over a network except as expressly provided herein.
You may not de-compile, reverse engineer, disassemble or otherwise reduce the code of the Software to a human perceivable form.
You may not modify, adapt, translate, rent, lease or loan the Software or the Documentation or create derivative works based on the Software or the Documentation.
OWNERSHIP AND COPYRIGHT
Spielberg, Microsoft, Microplex, KOFAX, DevExpress and EMC reserve all rights to their respective software modules of the Software and the Documentation. The Software and the Documentation is copyrighted. Unauthorised copying of the Software, including portions thereof, or the Documentation is expressly forbidden.
You agree that the Software and Documentation will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export control laws, restrictions or regulations of the countries involved.
SUPPORT AND UPDATES
Spielberg, Spielberg’s subsidiaries or affiliates, their distributors and dealers are not responsible for maintaining or helping you to use the Software and the Documentation, excepting where agreements have been entered into between specific parties, i.e. Spielberg: Distributor, Distributor: Dealer, Dealer: End User.
No updates, fixes or support will be made available for the Software and Documentation other than by publishing such revisions on the Spielberg web site: https://www.spielberg.de or http://www.ScanFile.com
Any updates, fixes or support will be made available on the said web site solely at the discretion of Spielberg, who is under no obligation whatsoever so to do.
LIMITED WARRANTY AND DISCLAIMER OF INDEMNITY
Limited Warranty. The Software and documentation is provided “as is” without warranty of any kind, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. The entire risk as to quality and performance of the Software and documentations is with you. Should the Software prove defective you (and not Spielberg, Spielberg’s affiliates, their distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. Some states or jurisdictions no not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary according to state or jurisdiction.
Spielberg, Spielberg’s affiliates, their distributors and dealers do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
However, Spielberg or Spielberg’s affiliates warrants a compact disc or diskette on which the Software is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you purchased the same, as evidenced by a receipt or otherwise. Some states or jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Spielberg’s entire liability and your exclusive remedy shall be the replacement of the Compact Disc and/or Diskette not meeting the LIMITED WARRANTY and which is returned to Spielberg or Spielberg’s marketing affiliate, Spielberg Solutions Limited, with a copy of your receipt or otherwise. The LIMITED WARRANTY is void if failure of the Compact Disc has resulted from accident, abuse or misapplication of the software.
No liability for consequential damages. In no event shall Spielberg, or Spielberg’s affiliates, their distributors or dealers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or other consequential or incidental damages) arising out of the software, the use thereof or inability to use the software even if Spielberg, Spielberg’s affiliates, their distributors or dealers has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Disclaimer of indemnity. Spielberg, Spielberg’s affiliates, their distributors and dealers shall have no obligation to indemnify you against any claim or suit brought to you by a third party alleging that the Software or the use thereof infringes any intellectual property of such third party.
This agreement is effective upon the installation of ScanFile Server and Client and remains in effect until terminated. You may terminate this agreement by destroying the Software and any copy thereof. This agreement will also terminate if you fail to comply with any of the terms of this agreement. In addition to Spielberg enforcing its legal rights, you must then promptly destroy the Software and any copy thereof.
By selecting the ‘Yes, I accept the agreement’ option during the software installation process, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that this agreement is the complete and exclusive statement of agreement between you and Spielberg concerning the subject matter hereof, which supersedes any proposals or prior agreements, oral or written, and any other communication between you and Spielberg relating to the subject matter hereof. No amendment to this agreement shall be effective unless signed by a duly authorised representative of Spielberg.
Should you have any questions concerning this agreement, or if you desire to contact Spielberg for any reason, please write to your authorised supplier requesting that they pass your correspondence to Spielberg Solutions GmbH.
Software license agreements for earlier versions can be found in the relevant manuals.