IMPORTANT, PLEASE READ CAREFULLY BEFORE INSTALLING THE ASSOCIATED SOFTWARE. THIS SOFTWARE END-USER LICENSE AGREEMENT (“EULA') IS A LEGAL AGREEMENT BETWEEN “YOU” (EITHER AN INDIVIDUAL, OR AN ENTITY IF ACQUIRED BY SAID ENTITY) AND SOFT HORIZONS. IT PROVIDES A LICENSE TO USE THE SOFTWARE, WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING THE SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT INSTALL THE SOFTWARE . IN THAT CASE YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

1. Definitions

1.1. 'Company' means Soft Horizons and its suppliers, if any.
1.2. The 'Software' means the members of the OnMerge series software programs (OnMerge Images, OnMerge WebImages, OnMerge PDF Mashup, OnMerge Barcodes) which you have licensed and any third-party software programs bundled with or built into it, the associated media, any printed materials, and any online or electronic documentation. It also means any bundles or suites containing the above software programs.

2. License Grant

The license granted in this Section 2 is subject to the terms and conditions of this EULA:

2.1. Subject to the other provisions of this Section 2, you may install and use the Software on a single computer. Said license for the Software may not be shared or used on different computers.
2.2. If the Software is a demonstration or trial version (as indicated where the Software is obtained, on any packaging, is displayed by the Software’s setup program, or is displayed by the Software itself) the license is limited to 15 days after the first installation of the Software.
2.3. If the Software is distributed as part of the suite or bundle of Software products, said suite or bundle of Software is licensed as a single product and the Software may not be separated, installed or used on a computer other than the one for which the suite or bundle is licensed.
2.4. You may make one copy of the Software solely for backup purposes. You may not sell, rent, or transfer any such backup copy of the Software.
2.5. Any license rights granted under this EULA are non-exclusive.
2.6. There may be technological measures in the Software designed to prevent unlicensed use of the Software by requiring Activation of the Software. You agree that Company may use such technological measures, and agree to abide by such technological measures requirements. If such measures are in effect in the Software, the license rights granted under this EULA are conditional on your supplying the information required during the activation sequence of the Software. Activation requires the use of the Internet; you agree to bear the expense for any associated toll or data transfer fees. You may need to reactivate the Software if you modify your computer’s hardware, accessories, other software, or other settings. Activation requires the exchange of information between the licensed computer and the Company or its supplier. The information exchanged contains no personally identifiable information.

3. License Restrictions

3.1. Except as set forth in Section 2, you may not make or distribute copies of the Software.
3.2. You may not rent, loan, lease, or sublicense the Software.
3.3. If the Software is a demonstration or trial version per Section 2.2, you agree to uninstall the Software from the computer after the limited license expires. You may not extend the limited license of said demonstration or trial Software beyond the initial period.
3.4. You agree that you will not attempt, and if you are an organization, you'll use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or with any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Company.
3.5. You may not sell or transfer the license granted by this EULA.
3.6. You may not export the Software to any country where prohibited by applicable United States export laws and regulations.
3.7. If you fail to comply with this EULA, this license is automatically terminated and you must destroy all copies of the Software.
3.8. You agree that you will not use the Software in any way that violates any laws, rules, regulations, or any third party’s rights, including but not limited to copyright.
3.9. The Software is not designed or intended for use in, or on applications intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in medical, biological, pharmaceutical, or other life-dependent or safety-critical applications; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use or redistribute the Software for such purposes.
3.10.

4. Upgrades

If a copy of the Software is provided to you as an upgrade from an earlier version of the Software, it is provided to you on a license replacement basis. By installing the upgrade version of the Software, you voluntarily terminate your earlier EULA and agree that you will discontinue use of the earlier version of the Software, and that you will not transfer it to another person or entity.

5. Copyright

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further technology that title and full ownership rights of the Software will remain the exclusive property of Company and/or its suppliers, and that you will not acquire any rights to the Software, except as expressly set or if by this EULA. All title and copyright in and to the Software or any part thereof, and any copies of the Software, are owned by Company or its suppliers. The Software is protected by copyright laws and international treaty provisions.

6. Limited Warranty and Disclaimer

6.1. For a period of 30 days after the date of initial delivery, Company warrants that the Software will perform substantially in accordance with the documentation which accompanies the Software.
6.2. ANY SAMPLE DOCUMENTS, DEMONSTRATION OR TRIAL VERSIONS, AND NOT FOR RESALE VERSIONS OF THE SOFTWARE ARE PROVIDED TO YOU 'AS IS.' COMPANY PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, FOR SAID ITEMS.
6.3. EXCEPT AS SET FORTH IN SECTION 6.2, COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE IS NO WARRANTY OF NONINFRINGEMENT AND THE TITLE, OR QUIET ENJOYMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES CONTEMPLATED IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS IT IS EXPLICITLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS OR SAFETY-CRITICAL ENVIRONMENTS. COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
6.4. IF ANY LAW REQUIRES WARRANTIES WITH RESPECT TO THE SOFTWARE, ANY SUCH WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE OF INITIAL DELIVERY.
6.5. THIS EULA SUPERSEDES ANY ORAL OR WRITTEN DISCLOSURE BY COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES.
6.6. SOME STATES DO 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 LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6.7. NOTWITHSTANDING ANYTHING ELSE IN THIS EULA, THE FOLLOWING APPLIES SOLELY TO THE FILE FREEIMAGE.DLL WHICH IS INCLUDED WITH THE SOFTWARE: THE CONTENTS OF THE FREEIMAGELD.DLL FILE ARE SUBJECT TO THE FREEIMAGE PUBLIC LICENSE VERSION 1.0 (THE 'LICENSE'); YOU MAY NOT USE THIS FILE EXCEPT IN COMPLIANCE WITH THE LICENSE. YOU MAY OBTAIN A COPY OF THE LICENSE AT http://home.wxs.nl/~flvdberg/freeimage-license.txt Software distributed under the FreeImage Public License is distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. You may obtain the source code of FreeImage.dll via the Internet at http://freeimage.sourceforge.net/

7. Exclusive Remedy

Your exclusive remedy under this EULA is to return the Software to where you acquired it, with a copy of your receipt within 30 days of initial delivery to you. Company will, at its sole option, employ reasonable commercial efforts to provide you a copy of the Software that substantially conforms to the documentation, or refund you for your purchase of the Software. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION AND RELATED MATERIALS.


8. Limitation of Liability

8.1. NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2. COMPANY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
8.3. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8.4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND TO ALL OTHER ASPECTS OF THIS EULA.

9. Basis of Bargain

The limited warranty and disclaimer, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Company and you. Company would be economically unable to provide the Software without said limitations.

10. U.S. Government Restricted Rights Legend

This Software and the documentation are provided with 'RESTRICTED RIGHTS' applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Soft Horizons, 11693 San Vicente, #495, Los Angeles, CA 90049

11. Indemnification by You

If you distribute the Software in violation of this EULA, you agree to indemnify, hold harmless and defend the Company and its license or is from and against any claims or lawsuits, including attorneys fees that arise or result from the use or distribution of the Software in violation of this agreement.

12. General Provisions

12.1. This EULA shall be governed by the laws of the state of California, without giving effect to principles of conflict of law. You hereby agree to the exclusive jurisdiction and venue of the state courts in San Jose County, California or Los Angeles County, California, or the federal courts in the Northern District of California or the Southern District of California, to resolve and enforce any disputes arising under this EULA. In any case this EULA shall be construed and in force without regard to the United Nations Convention on the International Sale of Goods.
12.2. This EULA constitutes the entire agreement between you, Company, and its suppliers, and supersedes all prior or contemporaneous agreements or understandings, oral or written. You agree that any terms contained in any purchase order or other communication or document issued by you in relation to the Software shall be of no effect.
12.3. The failure of Company to exercise any of its rights under this EULA shall not be deemed to be a wavier of those rights or of any breach of this EULA.
12.4. No dealer, agent or employee of Company, nor you or any third party is authorized to make any amendment to this EULA.
12.5. If any provision of this EULA shall be held by a competent court to be contrary to law or to be unenforceable, that provision will be enforced to the maximum extent permissible. The remaining provisions of this EULA will remain in full force and effect.
12.6. All questions concerning this EULA shall be directed to: support@onmerge.com