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End User License Agreement THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU, AN END USER INDIVIDUAL OR ENTITY (“YOU”) AND NUANCE COMMUNICATIONS, INC. (“NUANCE”), AND APPLIES TO THE NUANCE PRODUCTS DESCRIBED AND DEFINED BELOW. BY CLICKING ON THE 'ACCEPT' BUTTON AND DOWNLOADING THE SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ ALL OF THE TERMS OF THIS AGREEMENT, UNDERSTAND THEM, CONSENT TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND DO NOT DOWNLOAD THE NUANCE PRODUCTS. IF YOU CLICK THE “DO NOT ACCEPT” BUTTON, YOU ARE NOT AUTHORIZED TO USE THE NUANCE PRODUCTS, YOU ARE NOT PERMITTED TO INSTALL OR ACTIVATE THE SOFTWARE, AND YOU SHALL RETURN ALL OF THE NUANCE PRODUCTS TO THE PLACE OF PURCHASE WITHIN 180 DAYS OF THE DATE NUANCE SHIPPED THE NUANCE PRODUCTS, AND THE FEES THAT YOU PAID FOR THE NUANCE PRODUCTS WILL BE REFUNDED.
IF YOU OR A THIRD PARTY ACTING ON YOUR INSTRUCTIONS INSTALLS AND/OR ACTIVATES THE SOFTWARE, THEN YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THIS AGREEMENT. 1.NUANCE PRODUCTS. “Nuance Products” consist of the specific Nuance Software (and media, if any), Documentation, and/or Hardware (as defined below) that you have purchased or licensed and which are listed on the authorized website from which you downloaded your Software (the “ Download Site”), and/or on the documents provided by the reseller, equipment dealer, system integrator or other Nuance authorized distributor from whom you ordered the Nuance Products (each, a “ Distributor”). (a) Software. The “ Software” consists of the software products made generally available by Nuance and licensed to you under this Agreement, and may include one or more of the following: eCopy™ShareScan® software (which is comprised of the (i) eCopy ShareScan Client, and (ii) eCopy ShareScan Services Manager which includes the Administration console); eCopy PaperWorks™ software; and Nuance developed Connectors (each, a “ Connector”), and includes updates to the Software which may be provided under the Maintenance and Support Agreement described in Section 12 below. The Software may include certain third party software licensed to Nuance by its suppliers and any upgrades, modified versions, updates, additions and copies thereof. (b) Hardware.
The eCopy ScanStation™ System(the “eCopy ScanStation System”)consists of a Central Processing Unit, LCD touch panel, keyboard and/or stand (the “ Hardware”) which is either bundled with or otherwise intended to operate with certain Software. (c) Documentation. The “ Documentation” consists of certain written Software and/or Hardware documentation provided by Nuance on the Download Site. According to its discretion, Nuance may include features in the Software to prevent unlicensed use of the Software. You agree that Nuance may do so. In particular, use of the Software may require You to activate the Software through the Internet (this process may be more fully described during the installation set up of the Software).
During such activation, Nuance may collect certain non-personal technical information from your computer concerning your computer or network. You agree that Nuance may do so. You may be required to reactivate the Software if you modify your computer hardware or the Software. PLEASE BE AWARE THAT ALL SOFTWARE WILL BE AUTOMATICALLY DEEMED ACTIVATED OR INSTALLED, AND YOUR LICENSE WILL AUTOMATICALLY COMMENCE, NO LATER THAN 180 DAYS AFTER SHIPMENT FROM NUANCE, AS FURTHER DESCRIBED IN SECTION 8 BELOW. PROPRIETARY RIGHTS.Title, ownership rights, and intellectual property rights in the Software shall remain in Nuance and/or its suppliers or licensors. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Nuance’s or its suppliers’ or licensors’ ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties.
LICENSE GRANT. Subject to the terms and conditions of this Agreement, eCopy hereby grants to you a non-exclusive, non-transferable, limited license (the “ License”) to use the Software and Documentation only: (i) for your own personal or internal business purposes, and (ii) for the duration of the License, as set forth in Section 8 below. If you have executed a written agreement with Nuance regarding the Nuance Products, then such executed agreement will govern your use of the Nuance Products instead of this Agreement. USE LIMITATIONS. This License authorizes you to use the Software for the purposes described in the Documentation to the extent described below: (a) eCopy ScanStation System.
If you purchased a eCopy ScanStation System, then the eCopy ShareScan Client and the Services Manager provided as part of the eCopy ScanStation System may be installed and used on the CPU that is part of the eCopy ScanStation System. You may use each single eCopy ScanStation System for only one single Nuance supported device (whether a multifunction device, scanner, or other scanning device) (each, a “ Device”). (b) eCopy ShareScan Software.
If you have licensed eCopy ShareScan to operate directly with or within a Nuance supported Device, then the eCopy ShareScan Client software may be installed on or used for a Device, and the Services Manager may be installed and used on one or more network computers to manage eCopy ShareScan on such Device. Each single eCopy ShareScan license authorizes you to use eCopy ShareScan only for one single Device. (c) eCopy PaperWorks. ECopy PaperWorks (including any eCopy PaperWorks connector components which may provided as part of eCopy PaperWorks) may be installed on desktop or server computers, but in any case the Software may only be used on, or accessed and used by, up to that number of desktop computers equal to the number of Software licenses you have purchased.
For multiple eCopy PaperWorks licenses, you must inform each user of the terms and conditions of this Agreement. To the extent the eCopy PaperWorks Software, if any, is accompanied by a eCopy PaperWorks End User License Agreement (the “ PaperWorks EULA”), the terms of this Agreement will govern over such PaperWorks EULA regarding your license of the eCopy PaperWorks Software. (d) Connectors. Each Connector you have licensed may be installed on a eCopy ScanStation System or a network computer, but must be associated with and operate for eCopy ShareScan on only one individual device (either a eCopy ScanStation System or a Device). If a Connector is made available on a Download Site, then you may download one copy of each Connector you have licensed. (e) Demonstration Software.
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If the Software is labeled “Not for Resale” or “NFR” and you are a Distributor, you are granted a limited, revocable, non-exclusive, non-transferable license to use the Software only for demonstration purposes, and not for resale. (If you are not a Distributor, you do not have any rights to access and/or use NFR Software and should return the NFR Software promptly to Nuance.) (f) Evaluation Software. If the Software is labeled “Evaluation,” you are granted a limited, non-exclusive, non-transferable license to use the Evaluation Software for up to 45 days after you install and/or activate the Evaluation Software. You may purchase the right to use the full version of the Software (if then available) on the license terms specified herein. BY YOUR USE OF THE EVALUATION SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER 45 DAYS, YOU WILL NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE EVALUATION SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE. LICENSE RESTRICTIONS.