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Privacy Policy

Thank you for visiting this Site, which is owned and operated by Primera Technology, Inc. Please take a few minutes to review this Policy. It governs your use of any Primera-owned website on which it is posted.

Table of Contents

Your Consent to this Policy
This Policy is Part of Our Terms of Use
Types of Information We Collect
Third-Party Cookies
How We Use Information Collected Through Our Sites
Your Choices
How to Access, Update or Correct Your Personal Information
Steps We Take to Safeguard your Personal Information
How We Share Your Personal Information With Others
Children Under the Age of Thirteen
Links to Other Sites
Information for Visitors Accessing this Site from Outside the United States
Privacy Notices
This Policy May Change
Definitions
Contact us

Effective Date

August 15, 2016

By using this Site, you are consenting to the collection, use, and disclosure of information, including your Personal Information, as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site.

This Policy is Part of Our Terms of Use

This Policy is part of the Terms of Use that govern your use of this Site. We typically provide a link to our Terms of Use in the universal footer of this Site.

Types of Information We Collect

Information You Manually Provide. Primera collects the Personal Information you knowingly and manually provide when you use this Site. The type of Personal Information we collect varies depending upon how you use this Site. For example, if you register your product, register as a developer, or contact us with questions, we may ask you to provide your name, email address, and other Personal Information. Likewise, if you use the live chat functionality that may be available on this Site, we collect the information you submit during the chat.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages on this Site that you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings.

IP Addresses. Your IP address is the identifier assigned to your particular computer when you access the Internet. IP addresses do not include your name, email address or other Personal Information, but in some cases, they can be used to identify you. For example, we may link your IP address to your account information. We may also use your IP address in connection with other information gathered both through this Site and elsewhere in an attempt to personally identify you. If we suspect inappropriate or criminal activity or a threat to this Site or its users, we may share our server logs—which contain users' IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

Information from Your Mobile Device. Likewise, if you access this Site through your mobile device, we may automatically collect certain information from or about your device. The types of information we may collect include the type of device you use, your device's unique ID, the IP address of your device, your device's operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile or tablet application.

Cookies and Similar Technologies. Most websites use cookies and/or similar technologies to place information about a user's visit to that website in a small data text file that is stored on the user's computer. In general, we use cookies and other web technologies to:

  • collect information about the ways visitors use our Sites—which pages they visit, which links they use, and how long they stay on each page;
  • support the features and functionality of our Sites—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and
  • personalize your experience when you use our Sites; and
  • improve our marketing efforts, including through use of targeted advertising.

If you do not wish to receive cookies, you may be able to set the browser of your computer to reject cookies or to alert you when a cookie is delivered. You may also be able to delete our cookies as soon as you leave this Site. Although you are not required to accept our cookies when you visit this Site, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of this Site.

Third-Party Tracking

In addition to the cookies Primera delivers to your computer through this Site, certain third parties may track your online activities using cookies or similar technologies a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. To learn more about Google Analytics, click here.

Other third parties may track your online behaviors across nonaffiliated websites for the purpose of delivering targeted advertisements either on this Site or on other websites. For example, we use the Twitter website tag on our Sites, which collects user data for the purpose of serving targeted ads and tracking the rate at which an advertisement results in a purchase or other user action.


You have choices about the collection of information by third parties on this Site. For example, if you don't want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Primera. Likewise, if you do not want Twitter to match your account to information shared by its ad partners to tailor ads for you, you can uncheck the box next to "Promoted content" in your Twitter account settings at any time.

To opt out of having interest-based information collected about you in a more global, rather than piecemeal, manner, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

How We Use Information Collected Through Our Sites

Generally, we use the information we collect through this Site:

  • to provide the information, products and services you request;
  • to provide you with effective customer service;
  • to provide you with a personalized experience when you use this Site;
  • to contact you with information and notices related to your use of this Site;
  • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • to invite you to participate in surveys and provide Feedback to us (in accordance with any privacy preferences you have expressed to us);
  • to improve the Content, functionality and usability of this Site;
  • to better understand your needs and interests;
  • to improve our products and services;
  • to improve our marketing and promotional efforts;
  • for security, credit or fraud prevention purposes; and
  • for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

    Please see below for information about the choices you have about the ways we use your Personal Information.

Your Choices

In General. We respect your right to make choices about the ways we collect, use, and disclose your information. This Policy describes some of your choices, such as your choice to opt out of receiving "cookies." We may ask you to indicate your choices at the time and on the page where you provide your information. For example, when you register with this Site, we will give you an opportunity to opt out of receiving promotional email communications.

Do Not Track Mechanisms. Your browser may deliver a "Do-Not-Track ('DNT') signal" to this Site. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, Primera currently does not make any guarantee that we will honor DNT signals. However, some of our advertising partners (such as Twitter) may support DNT signals. You may also be able to restrict targeted advertising through a "Limit Ad Tracking" setting (on iOS devices) or a setting to "Opt out of Interest-Based Ads" (on Android).

Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your information. For example, you can always stop receiving promotional emails by selecting "unsubscribe" located at the bottom of such emails. You may be able to change other previously expressed preferences through your account settings. Otherwise, please contact us. Please give us a reasonable amount of time to honor your request.

How to Access, Update or Correct Your Personal Information

If you have an account on this Site, you may also be able to access, update or correct the Personal Information you have submitted to us through your account. If you are unclear as to how to access, update or correct your Personal Information, please contact us. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.

Steps We Take to Safeguard your Personal Information

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit to thwart others from intercepting or misusing it. Unfortunately, no website, mobile or tablet application, server, or database is completely secure or "hacker proof." We therefore cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

How We Share Your Personal Information With Others

Third–Party Service Providers. Primera shares Personal Information collected through this Site with third-party service providers who act for or on behalf of Primera. For example, we may use third-party vendors to design, operate, and/or host this Site, to conduct surveys, and to help us with our promotional efforts. These third parties may need information about you to perform their functions. Typically, third-party service providers who receive Personal Information are bound by contract to use it only on our behalf.

User-Generated Content. The User-Generated Content you submit on or through this Site is available to others who visit this Site. Any Personal Information contained in User-Generated Content you submit can be read, collected, or used by others, and could be used to send you unsolicited messages. In addition, we may use User-Generated Content you submit on or through this Site for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the User-Generated Content for such purposes. Therefore, you should have no expectation of privacy with respect to User-Generated Content you submit on or through this Site. You should not submit any User-Generated Content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. In particular, your submissions must not violate the privacy or other rights of others.

Business Partners
. From time to time, we may share your Personal Information directly with selected third parties for their own marketing purposes. Before doing so, however, we may offer you the opportunity to "opt out" or "opt in" as required by applicable law.


Business Negotiations
. We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing one or more of our businesses. In negotiating with a third party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

Business Transfers. We may transfer the Personal Information you submit on or through this Site to any organization that acquires or merges with us.

Compliance With Laws and Protection of Our Rights and the Rights of Others. We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

As Described in a Privacy Notice. We reserve the right to disclose your Personal Information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your Personal Information on that page you will be consenting to the disclosure of your Personal Information as described in that privacy notice.

As Described in a Click–Through Agreement. We reserve the right to disclose your Personal Information as described in any click–through agreement to which you have agreed. Please see our Terms of Use for information on click-through agreements.

Children Under the Age of Thirteen

This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact us so that we can take appropriate action.

This Site may provide links to other websites operated by third parties. We expect our partners and third-party service providers to be transparent about their data protection practices. Be aware, however, that we have no control over third-party websites. This Policy does not apply to Personal Information collected on any third-party website. When you access third-party websites through a link on this Site, please take a few minutes to review the privacy policy posted on that site.

Information for Visitors Accessing this Site from Outside the United States

Primera is a U.S. corporation headquartered in the United States. This Site is currently hosted on servers located in the United States, although we reserve the right to relocate this Site to other servers elsewhere in the world. Your Personal Information may be stored on servers located within the United States or in another country. In addition, we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your Personal Information than others.

BY USING THIS SITE, YOU ARE CONSENTING TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL INFORMATION IN OR TO THE UNITED STATES OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS POLICY.

Privacy Notices

This Policy may be supplemented or amended from time to time by "privacy notices" posted on this Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain privacy notices providing details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

This Policy May Change

This Policy describes Primera's current policies and practices with regard to the information, including Personal Information, we collect through this Site.

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked "Privacy Policy" in the universal footer of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy.

For your convenience, whenever this Policy is changed, we will alert you by placing the word "New" next to the link marked "Privacy Policy" in the universal footer of this Site. We will also update the "effective date" at the top of this page. If you have not used this Site recently, be sure you check the effective date to see if this Policy has been revised since your last visit.

You may access the current version of this Policy at any time by clicking the link marked "Privacy Policy" in the universal footer of this Site.

Definitions

The term "Content" refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The term "Feedback" refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term "Personal Information" refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and email address.

The term "Policy" refers to this online privacy policy.

The terms "Primera," "we," "us," and "our" refer to Primera Technology, Inc.

The term this "Site" refers to the Primera-owned website on which this Policy is posted.

The term "User-Generated Content" refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. Examples of User-Generated Content are information you provide as part of a product review and comments you make in response to a blog post.

Contact us

If you have any questions about this Policy or our privacy practices, please contact us using the information provided below:

Primera Technology, Inc.
Two Carlson Parkway North
Plymouth, MN, USA 55447
webmaster@primera.com

PRIMERA SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS

To access the Printer Driver downloads, please read statement below and select "I agree."

By clicking on the “I agree” button and downloading this Software, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, you may exit this process at any time by clicking on the “I disagree” or by simply closing your browser.

PLEASE READ CAREFULLY BEFORE USING AND INSTALLING THIS SOFTWARE PROGRAM OR USING THIS PRODUCT: BY USING THIS SOFTWARE PROGRAM OR THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, DOWNLOAD THE SOFTWARE PROGRAM OR OTHERWISE USE THE PRODUCT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS SOFTWARE PROGRAM OR PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM OR PRODUCT INDICATES ACCEPTANCE OF THESE TERMS.

PRINTER CARTRIDGE LICENSE
The patented printer is licensed for, and designed to work with only genuine toner and/or ink cartridges (and developer components, in the case of a laser printer) made by the manufacturer of this printer for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine toner and/or ink cartridges made by the manufacturer of this printer with this licensed printer except as otherwise provided below, (2) if the patented printer is a laser printer, use only genuine developer components made by the manufacturer of this printer with this licensed laser printer except as otherwise provided below, and (3) pass this license/agreement to any subsequent user of this licensed printer. The patented toner and/or ink cartridges (and developer components in the case of a laser printer) inside are licensed subject to a restriction that they may be used only once. Following their initial use, you agree to return them only to us for recycling. Please contact us for information regarding free empty toner cartridge returns. The genuine toner and/or ink cartridges are designed to stop working after delivering a fixed amount of toner and/or ink. A variable amount of toner and/or ink may remain in them when replacement is required. If you do not accept the terms of this single use license/agreement; return this product in its original packaging to your point of purchase. Replacement toner and/or ink cartridge(s) sold without these terms are available. Please contact us or your place of purchase for more information regarding the availability of these regular cartridges.

CARTRIDGE LICENSE AGREEMENT
I agree that the patented print cartridge(s) shipped with this printing device are sold subject to the following license/agreement: The patented print cartridge(s) contained inside is (are) licensed for a single use only and is (are) designed to stop working after the delivery of a fixed amount of toner/ink. A variable amount of toner/ink will remain in the cartridge when replacement is required. After this single use, the license/right to use the print cartridge terminates and the used cartridge must be returned only to Primera for remanufacturing, refilling or recycling. If I buy another cartridge in the future that is sold subject to the same or similar terms, I hereby accept such terms as to that cartridge as well. If you do not accept the terms of this single use license/agreement, return this product in its original packaging to your point of purchase.

FIRMWARE AND PRINTER DRIVER UPDATES
Firmware and printer driver updates may modify printer settings and cause counterfeit and/or unauthorized products, supplies, parts, materials (such as toners and inks), software, or interfaces to stop working. Authorized use of genuine Primera products will not be impacted.

SOFTWARE LICENSE AGREEMENT
This Software Limited Warranty and License Agreement ("Software License Agreement") is a legal agreement between you (either an individual or a single entity) and Primera Technology, Inc., Primera Technology GmbH and Primera Asia Pacific ("Licensor") that to the extent your Licensor product or Software Program is not otherwise subject to a written software license agreement between you and Licensor or its suppliers, governs your use of any Software Program installed on or provided by Licensor for use in connection with your Licensor product. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Licensor product.

1. STATEMENT OF SOFTWARE LIMITED WARRANTY. Licensor warrants that media (e.g., diskette or compact disk) on which the Software Program is furnished, if any, is free from defects in materials and workmanship under normal use during the warranty period. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Licensor or an Authorized Licensor Reseller or Distributor. Licensor will replace the Software Program should it be determined that the media does not conform to this limited warranty.

2. DISCLAIMER AND LIMITATION OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER.

This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Licensor that cannot be excluded or modified. If any such provisions apply, then to the extent Licensor is able, Licensor hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the greater of the price paid for the Software Program or five U.S. dollars (or the equivalent in local currency).

The Software Program may include internet links to other software applications and/or Internet sites hosted and operated by third parties unaffiliated with Licensor. You acknowledge and agree that Licensor is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or Internet sites.

3. LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE REMEDY AGAINST LICENSOR IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LICENSOR SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.

IN NO EVENT WILL LICENSOR, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM (a) THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.

4. LICENSE GRANT. Licensor grants you the following rights provided you comply with all terms and conditions of this Software License Agreement:
a. Use. You may Use one (1) copy of the Software Program. The term "Use" means storing, loading, installing, executing, or displaying the Software Program. You may not separate the components of the Software Program for use on more than one computer. You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens normally generated by, or as a result of, the Software Program.
b. Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or installation, provided the copy contains all of the original Software Program's proprietary notices. You may not copy the Software Program to any public or distributed network.

5. RESERVATION OF RIGHTS. The Software Program, including all fonts, is copyrighted and owned by Licensor and/or its suppliers. Licensor reserves all rights not expressly granted to you in this Software License Agreement.

6. FREEWARE. Notwithstanding the terms and conditions of this Software License Agreement, all or any portion of the Software Program that constitutes software provided under public license by third parties ("Freeware") is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the time of download or installation. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

7. LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program or assist or otherwise facilitate others to do so, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory rights, you will notify Licensor in writing of any intended reverse engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program.

8. TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software components, media, printed materials, and this Software License Agreement and you may not retain copies of the Software Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the transferred Software Program must agree to all these Software License Agreement terms. Upon transfer of the Software Program, your license is automatically terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in this Software License Agreement.

9. UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Licensor as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility.

10. ADDITIONAL SOFTWARE. This Software License Agreement applies to updates or supplements to the original Software Program provided by Licensor unless Licensor provides other terms along with the update or supplement.

11. TERM. This Software License Agreement becomes effective upon your acceptance and continues in effect unless terminated or rejected. You may reject or terminate this license at any time by destroying all copies of the Software Program, together with all modifications, documentation, and merged portions in any form, or as otherwise described herein. Licensor may terminate your license upon notice if you fail to comply with any of the terms of this Software License Agreement. Upon such termination, you agree to destroy all copies of the Software Program together with all modifications, documentation, and merged portions in any form.

12. TAXES. You agree that you are responsible for payment of any taxes including, without limitation, any goods and services and personal property taxes, resulting from this Software License Agreement or your Use of the Software Program.

13. LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.

14. APPLICABLE LAW. If you acquired this product in a country which is a member of the European Union, the laws of that country shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other jurisdiction. If you acquired this product in any other country, the laws of the State of Minnesota, United States of America, shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other state. The UN Convention on Contracts for the International Sale of Goods shall not apply.

15. GOVERNMENT END USERS. The Software Program and any related documentation are "Commercial Items," as that term is defined in 48 C.F.R. 2.101, "Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7207-4, as applicable, the Commercial Computer Software and Commercial Software Documentation are licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

16. CONSENT TO USE OF AND TRANSFER DATA. You agree that Licensor, its affiliates, and agents may collect and use information you provide in relation to any support services performed with respect to the Software Program and requested by you. Licensor agrees not to use this information in a form that personally identifies you, except to the extent necessary to provide such services. You agree that Licensor may transfer your information to the United States or other countries for use in accordance with this Section.

17. EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

18. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Licensor agree to form this Software License Agreement electronically. This means that by downloading, installing and/or using the Software Program, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to "sign" a contract with Licensor.

19. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.

20. ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Licensor relating to the Software Program. Except as otherwise provided for herein, this Software License Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Licensor relating to your use of the Software Program). To the extent any Licensor policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.


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