SOFTWARE LICENSE AGREEMENT FOR PROCORE MOBILE SDK
EPAPYRUS INC. ("EPAPYRUS") LICENSES THIS PDF MOBILE SDK SOFTWARE PRODUCT TO
YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA").
READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE
USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY
OR USE THE SOFTWARE.
NOTICE TO CUSTOMER
If you do not agree to the terms of this EULA, do not install, or use this
software. This EULA is a contract between you (either an individual or an
entity) and ePapyrus which governs your use of this ePapyrus software product
that accompanies this EULA and related software components, which may include
the associated executable programs, explanatory materials and the supporting
documentation.
LICENCE GRANT
ePapyrus grants your company a license to use ProCore Mobile SDK. One license
purchase entitles Licensee to distribute Derived Works in a Licensee
Application under one specific explicit App-ID that is not a wildcard App-ID.
"Use" means storing, installing and executing. You agree to use all reasonable
efforts to protect the Product from unauthorized use, reproduction, etc. You
may not modify the Software or disable any licensing or control features of
the Software in any manner without prior written permission by ePapyrus.
LICENSE LIMITATIONS
You may not remove any titles, trademarks or trade names, copyright notices,
legends, or other proprietary markings on the Software. You are not granted
any rights to any trademarks or service marks of ePapyrus. ePapyrus retains
all rights not expressly granted to you.
LICENSE CONDITIONS
Trial License; Trial license is only valid for 30 days regardless of OS or
Application ID.
Retail License; Retail license allows unlimited access to SDK
as long as it's used with original OS or Application ID that it was setup with.
Personal License is same as Retail license.
DELIVERY AND UPDATES
Upon receipt of the license payment, ePapyrus shall deliver or make available
to you a copy of this software. This also applies to available updates and
error corrections or updated versions of the software covered by this
Agreement (“Updates”). Major version changes are not included in the updates
provided by this Agreement.
PROPRIETARY RIGHTS RESERVED BY EPAPYRUS
ePapyrus retains all right, title, and interest in and to the Software and the
Software License Key and in all related copyrights, trade secrets, patents,
trademarks, and any other intellectual and industrial property and proprietary
rights, including registrations, applications, renewals, and extensions of
such rights.
RESTRICTIONS
You may not
(i) sell, lease, license, sublicense, distribute or otherwise transfer in
whole or in part the Software, the Software License Key or to another party;
(ii) provide, disclose, divulge or make available to, or permit use of the
Software in whole or in part by, any third party without ePapyrus's prior
written consent; (iii) decompile, disassemble, reverse engineer, or otherwise
attempt to derive source code from the Software, in whole or in part; (iv)
modify or create derivative works based upon the Software; or (v) use the
Software on a service bureau or hosting basis to provide Remote Access
Services connecting your customers to an operating system.
TERMINATION
ePapyrus may terminate this EULA if you fail to comply with any term of this
EULA. In the event of termination, you must destroy all copies of the Software
and Software License Key. In addition you must remove all copies of the
Software from the Server and all computers and terminals on which it is
installed.
GOVERNING LAW AND GENERAL PROVISIONS
This EULA will be governed by the laws of Republic of Korea, excluding the
application of its conflicts of law rules. This EULA will not be governed by
the United Nations Convention on Contracts for the International Sale of Goods
, the application of which is expressly excluded. If any part of this EULA is
found void and unenforceable, it will not affect the validity of the balance
of the EULA, which shall remain valid and enforceable according to its terms.
This EULA shall automatically terminate upon failure by you to comply with its
terms. This Agreement may only be modified in writing signed by an authorized
officer of ePapyrus Inc.
NO WARRANTY
The SOFTWARE is being delivered to you AS IS and ePapyrus makes no warranty as
to its use or performance. EPAPYRUS AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. EPAPYRUS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL EPAPYRUS OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A EPAPYRUS REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL EPAPYRUS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER EPAPYRUS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPAPYRUS'S LIABILITY UNDER THIS
EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO
EPAPYRUS FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.
CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact ePapyrus
for any reason, please direct E-mail to: support@epapyrus.com.