SIGNINGPDF END USER LICENSE AGREEMENT(EULA)
Last updated: June 16 2023
THE TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”) GOVERN YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE. These license terms are an agreement between Paicore(“Paicore”or“PAICORE”means PaiCore LLC., a Wyoming corporation or its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any.
The terms also apply to any Paicore
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY DOWNLOADING, DEPLOYING, OR BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THEM OF THIS EULA, YOU MUST NOT DOWNLOAD, DEPLOY, OR USE THE SOFTWARE, AND YOU MUST DELETE THE SOFTWARE.
EVALUATION LICENSE. If you use the Software for evaluation purposes (an “Evaluation License”), your use of the Software is only permitted for a period of sixty (60) days (unless we specify otherwise), and you may not use the Software with production data. Notwithstanding any other provision in this EULA, an Evaluation License of the Software is provided “AS IS” without indemnification, support or warranty of any kind, express or implied.
a. Applicability. This agreement applies to the SigningPDF software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any updates, upgrades, supplements or services for the software, unless other terms come with them. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.
b. Additional terms. Additional Paicore and third party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them.
(ii) The manufacturer or installer may also preinstall apps, which will be subject to separate license terms.
(iii) The software may include third party programs that Paicore, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
2. Installation and Use Rights.
a. License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, but only if you comply with all the terms of this agreement.
b. Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device.
c. Restrictions. The manufacturer or installer and Paicore reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:
· use or virtualize features of the software separately;
· publish, rent, lease, or lend the software;
· transfer the software (except as permitted by this agreement);
· BENCHMARK TESTING (except obtain Paicore's prior written approval);
· work around any technical restrictions or limitations in the software;
· use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users;
· reverse engineer, decompile, or disassemble the software, or attempt to do so;
· when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Paicore or its suppliers that are included in the software, including any content made available to you through the software.
d. Multi use scenarios.
(i) Multiple versions. If when acquiring the software you were provided with multiple versions, you may install and activate only one of those versions at a time.
(ii) Multiple or pooled connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
(iii) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.
(iv) Remote access. You may access and use the software installed on the licensed device from another device using remote access technologies, so long as the software installed on the licensed device is not being used by another user simultaneously. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.
3. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
4. ORDER. Your Order is subject to this EULA. No Orders are binding on us until we accept them. Orders for Software are deemed accepted upon Delivery of the Software included in the Order. Purchase orders issued to us do not have to be signed by you to be valid and enforceable. All Orders are non-refundable and non-cancellable except as expressly provided in this EULA.
5. LICENSE FILES. The software requires a license file to activate or access it. You are responsible for use of the license files assigned to you. You may not share the license files with third parties. You may not use license files assigned to third parties.
6. INTERNET-BASED SERVICES. Paicore provides Internet-based services with the software. It may change or cancel them at any time.
8. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine license file or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Paicore or its affiliate to confirm the software is genuine and the license is associated with the licensed device. In either case, transmission of certain information will occur, and Internet charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails the software will attempt to repair itself by replacing any tampered Paicore software with genuine Paicore software. If you activated the software by Internet, you may be required to periodically reconnect to the Internet while using the software to confirm the license associated with the licensed device; and if you do not reconnect, the software may operate with reduced functionality. You may also receive reminders to obtain a proper license for the software. You may not bypass or circumvent activation. Certain updates, support, and other services might only be offered to users of genuine Paicore software.
9. Updates. The softwareperiodically checks for software updates. You may obtain updates only from Paicore or authorized sources, and by accepting this agreement, you agree to receive these types of automatic updates without any additional notice.
10. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
11. Ownership. The Software and Documentation (including all copies and portions), all improvements, enhancements, modifications and derivative works of the Software or Documentation, and all Intellectual Property Rights in the Software and Documentation, are and will remain the sole and exclusive property of Paicore and its licensors. Your rights to deploy and use the Software and Documentation are limited to those expressly granted in this EULA and any applicable Order. No other rights are implied with respect to the Software, Documentation, or any related Intellectual Property Rights. You are not authorized to use (and must not permit any third party to use) the Software or Documentation except as expressly authorized by this EULA or the applicable Order. We reserve all rights not expressly granted to you. We do not transfer any ownership rights in any Software or Documentation.
12. Open Source Software (Third Party Software Components). The Software include open source software and third party software components, each of which is provided subject to its own copyright and license conditions.
13. Fonts. The Software include Google open source fonts, SIL Open Font License (https://github.com/notofonts/noto-fonts/blob/main/LICENSE).
14. Language. This EULA is in English, and the English language version governs any conflict with a translation into any other language.
15. ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
16. APPLICABLE LAW.
16.1 United States. If you acquired the software in the United States, Wyoming state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
16.2 Outside the United States. If you acquired the software in any other country, the laws of that country apply.
17. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
18. Third-Party Rights. Other than as expressly provided in this EULA, this EULA does not create any rights for any person who is not a party to it, and only persons who are parties to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.
19. Transfers; Assignment. You must not assign this EULA, any Order, or any right or obligation pursuant to this EULA, or delegate any performance under this EULA. Any other attempted assignment or transfer by you will be void. We may use our Affiliates or other suppliers to provide services to you, provided that we remain responsible to you for the performance of the services.
20. Severability. If any part of this EULA is held to be invalid or unenforceable, all remaining provisions will remain in force to the extent feasible to effectuate the intent of the parties.
21.1. EULA Term. The term of this EULA begins on Delivery of the Software and continues until this EULA is terminated in accordance with this Section 21.
21.2. Termination for Cause. We may terminate this EULA effective immediately upon written notice to you if: (a) any payment due under this EULA is not received within ten (10) days after receiving our written notice that payment is past due; (b) you materially breach any other provision of this EULA and fail to cure within thirty (30) days after receipt of our written notice of the breach; (c) you materially breach any provision of this EULA in a manner that cannot be cured; or (d) you terminate or suspend your business.
21.3. Termination for Insolvency. We may terminate this EULA effective immediately upon written notice to you if you become insolvent, admit in writing your inability to pay your debts as they mature, make an assignment for the benefit of creditors, become subject to control of a trustee, receiver or similar authority, or become subject to any bankruptcy or insolvency proceeding.
21.4. Effect of Termination. Upon termination of this EULA: (a) all Licenses to the Software granted to you under this EULA will immediately end; (b) you must stop all use of the Software and return to us or certify destruction of the Software and License files (including copies), and (c) you must return or, if we request, destroy, any of our or our suppliers’ Confidential Information in your possession or under your control (other than information that must be retained pursuant to law). Any provision that, by its nature and context is intended to survive termination or expiration of the EULA, will survive. Except as otherwise expressly provided in this EULA or as required by applicable law or regulation, termination of this EULA will not entitle you to any refunds, credits, or exchanges.
22. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Paicore gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Paicore excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF CONTENT OR DATA FOR ANY REASON (INCLUDING POWER OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS), LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY.
Further Limitations. Our suppliers have no liability of any kind under this EULA. You may not bring a claim directly against any of them under this EULA.
23. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Paicore and its suppliers only direct damages up to U.S. $1.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Paicore knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.