Print Ship Now

END USER LICENSE AGREEMENT
Premier Interactive, Inc., PrintFX Software License Agreement READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION (AS FURTHER DEFINED BELOW) CAREFULLY BEFORE USING THE SOFTWARE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YEARS, PLEASE HAVE AN ADULT WHO IS RESPONSIBLE FOR YOU, SUCH AS YOUR PARENT OR GUARDIAN, READ AND ACCEPT THIS AGREEMENT.
1. Introduction and Acceptance. This Software License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Premier Interactive, Inc., (the "Licensor") regarding the use of Licensor's software, which includes user documentation provided in electronic form (together, the "Software"). BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON OR CHOOSING THE "I ACCEPT AND AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AND YOU WILL NOT BE ABLE TO USE THIS SOFTWARE. IF YOU CLICK "DECLINE," PLEASE REMOVE ALL COPIES OF THIS SOFTWARE FROM YOUR SYSTEM.
2. Grant of License. Subject to the restrictions set forth below, this Agreement grants you a non-exclusive, perpetual license to use one (1) copy of the specified version of the Software in object code format, for internal purposes only, on only one computer in your sole control. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. The license granted hereunder shall not be effective until you have paid in full any applicable license fees for your use of the Software.
3. Ownership. The license granted hereunder does not constitute a transfer or sale of Licensor’s (or any other third party licensors’) ownership rights in or to the Software. Except for the license rights granted above, Licensor and its third party licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein.
4. License Restrictions. YOU MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any copyright notices or other proprietary markings. Except as permitted by applicable law, you may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, or distribute the Software without Licensor’s authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only (provided such copy retains all marks or intellectual property notices from the original). You may not print copies of any user documentation provided in "online" or electronic form.
5. Confidentiality. You shall hold in the strictest confidence the Software and any related materials or information including, but not limited to, any technical data, research, product plans or know-how provided by Licensor to you, either directly or indirectly in writing, orally or by inspection of tangible objects ("Confidential Information"). You shall not disclose any Confidential Information to third parties, including any of your employees who do not have a need to know such information and you shall take reasonable measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. You shall immediately notify the Licensor in the event of any unauthorized or suspected use or disclosure of the Confidential Information.
6. Termination. This Agreement shall be effective upon installation of the Software and SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; OR (ii) DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Licensor’s rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement by Licensor, you shall certify in writing to Licensor that all copies of the Software, or any portion thereof, have either been returned to Licensor or otherwise destroyed or deleted from any of your computer libraries or storage devices.
7. Limited Warranty. Licensor warrants that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of ninety (90) days after receipt by you. If you return the Software for breach of this warranty to Licensor with a copy of the receipt, Licensor’s entire liability and your exclusive remedy for breach of this warranty shall be, at Licensor’s option, either (a) refund of the license fee paid by you, if any; or (b) repair or replacement of the Software that does not meet the warranty set forth herein. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or misapplication by you. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
8. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. FURTHERMORE, THE SOFTWARE IS NOT INTENDED OR LICENSED TO BE USED IN APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE OR FOR ANY APPLICATION IN WHICH THE SOFTWARE OR ITS FAILURE, MALFUNCTION OR INADEQUACY COULD DIRECTLY OR INDIRECTLY CAUSE OR CONTRIBUTE TO PERSONAL INJURY OR DEATH OR SIGNIFICANT PROPERTY DAMAGE.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS ARE INDEPENDENT OF THE EXCLUSIVE REMEDY PROVIDED IN SECTION 7 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF SUCH EXCLUSIVE REMEDY. IN NO EVENT SHALL LICENSOR’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF 1) THE FEES PAID BY YOU FOR THE SOFTWARE; OR 2) ONE HUNDRED DOLLARS ($100.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, LICENSOR’S LIABILITY FOR SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.
10. Trademarks. Certain of the product and Licensor names used in this Agreement, the Software and the documentation may constitute trademarks of the Licensor or third parties. You are not authorized to use any such trademarks.
11. Export Restrictions. You may not export or re-export the Software without (i) the prior written consent of Licensor; and (ii) complying with applicable export control laws and obtaining any necessary permits and licenses.
12. General. This Agreement is governed by the laws of the State of Texas, excluding its conflicts of laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Lubbock, Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are inserted for convenience only and do not affect its interpretation. You may not assign this agreement, whether by operation of law, merger or reorganization, without the prior written consent of Licensor; any attempted assignment in violation of the foregoing will be void. Licensor may assign this Agreement without restriction. This Agreement constitutes the final, complete and exclusive agreement between the parties with respect to your use of the Software and supersedes any prior or contemporaneous representations or agreements, whether written or oral. Any company names, logos, and product names displayed in the Software are subject to United States and international copyright, trademark and intellectual property laws and you may not reproduce or distribute any such company names, logos or product names without the express written consent of their respective owners.
13. Questions. Should you have any questions concerning this Agreement, or if you desire to contact Licensor for any reason, please contact us at support@printfx.com.
BY CLICKING THE "REGISTER" BUTTON, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE NOT READ THIS AGREEMENT, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY ITS TERMS, CLICK "DECLINE" AND DO NOT USE THE PRODUCT.
A copy of this Agreement may be found at http://www.printshipnow.com/EULA.html