GreenPrint Technologies, LLC End User License Agreement

COMMERCIAL USE


ATTENTION: PLEASE READ DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. UNPERMITTED USE OF THIS SOFTWARE IS PROHIBITED BY LAW. THIS DOCUMENT EXPLAINS WHAT USES ARE PERMITTED AND WHICH USES ARE UNPERMITTED AND IT IS YOUR SOLE RESPONSBILITY TO CAREFULLY REVIEW THIS DOCUMENT ACCORDINGLY. THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE "END USER" or "YOU") AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY DELETE ALL COPIES OF THE SOFTWARE AND RELATED DOCUMENTS AND REQUEST THAT YOUR LICENSE PRICE BE REFUNDED. THE LICENSE PROVIDED HEREIN IS LIMITED, NON-TRANSFERABLE AND NON-EXCLUSIVE AND IS SUBJECT TO ALL RESTRICTIONS CONTAINED HEREIN. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF EXCEPT AS MAY BE PERMITTED AS SET FORTH HEREIN.

The GreenPrint Technologies computer program(s) and the accompanying documentation are provided to the End-User by GreenPrint Technologies ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-User. The Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.

This document comprises a lawfully binding contract between you and GreenPrint Technologies ("GreenPrint"), a United States limited liability company duly formed in the State of Delaware. By clicking the "accept" button, or by installing or using the GreenPrint Software, you are consenting to be bound by this agreement. If you do not agree to the terms and conditions of this agreement, do not click the "accept" button, and do not install or use any part of the GreenPrint software.

This package contains software ("Software") and related explanatory materials, of any and all format, ("Documentation"). The term Software shall also include any upgrades, notified versions, updates, additions and copies of the Software licensed to you by GreenPrint. GreenPrint grants to you a non-exclusive license to use the Software and Documentation, provided that you agree the following:


1.INSTALLATION OF THE SOFTWARE

1.1 The End-User may permanently install the Software onto a hard disk or other storage device on one single computer. Use on more than one computer, including network usage, requires a separate license for each computer that bears the program. This license is restricted to the First Computer that you install the Software upon. Please contact GreenPrint if you are interested in obtaining a license for multiple computer usage or purchase software for each computer in which you which to install the software. GreenPrint's Enterprise Edition has additional functionality and is designed specifically for multi-user environments.

1.2 Enhancements: From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices (or, in the sole discretion of GreenPrint, at no charge) as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST FILE A VALID REGISTRATION WITH GREENPRINT, WHICH INCLUDES ACCURATE AND COMPLETE INFORMATION AS REQUESTED BY GREENPRINT.

1.3 Use of the Software over a network requires that the number of different computers on which the Software is used does not exceed the number of computers licensed. Please contact GreenPrint to obtain a network license based on the number of users/computers if you require a network license.

1.4 You may make one copy in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law: as an express condition of this License, the End-User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor on the backup or archival copy made by the End-User.


2. COPYRIGHT AND OTHER RESTRICTIONS

2.1 The Software is the intellectual property of GreenPrint Technologies, LLC and is protected by U.S. copyright laws, patent laws, international treaty provisions, state and federal laws and regulations, international treaties and agreements, and any and all applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of GreenPrint. Therefore, the Software is protected by all relevant intellectual property laws and any infringement of GreenPrint's intellectual property rights will carry the likelihood of substantial financial damages and attorneys' fees to the infringing party. You may not copy the Software or accompanying materials other than as allowed by this license. Unauthorized copying, distribution, or "sharing" of the Software or accompanying material will be prosecuted to the fullest extent of the law. Willful infringement may bear additional costs and damages to the infringing party. You agree not to modify, adapt, translate, reserve engineer, de-compile, disassemble or otherwise attempt to discover the source code or origination of the Software. Trademarks(s) shall be used in accordance with accepted commercial trademark practice and only within the scope of permitted use as allowed by GreenPrint in writing. In accordance with the computer software rental act of 1990, you may not rent, lease, sub-license, or lend the Software or Documentation. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor. All normal restrictions regarding trademark usage applies Trademarks can only be used to identify printed output produced by the Software. The Trademark may not otherwise be used by End-User. The use of any trademark as herein authorized does not give you any rights of ownership, control or license in that trademark.

2.2 Except as stated above, this Agreement does not grant you any rights to intellectual property rights in this Software. Requests for information can be directed to Software Development, GreenPrint Technologies, 115 NW First Avenue, Suite 200 Portland, OR, 97209, USA.


3. LIMITED WARRANTY

GreenPrint warrants to you that the Software will perform substantially in accordance with the Documentation for a 90 day period following your receipt of the Software. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of GreenPrint and its distributors, and your exclusive remedy shall be limited to either, at GreenPrint's option, the replacement of the Software or the refund of the license fee you paid for the Software. No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.


4. DISCLAIMER OF WARRANTY.

The product is provided "as is" and "where is" with any and all faults, errors or erratum that may be present in the Software or in the accompanying materials. To the extent permitted by law, GreenPrint and GreenPrint's distributors, licensors hereby disclaim all warranties, except for the foregoing limited warranty, that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. You bear entire risk as to selecting the product for your purposes and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.


5. LIMITATION OF LIABILITY.

Except as required by law, GreenPrint and its distributors, directors, licensors, contributors and agents (collectively know as "the GreenPrint Umbrella") will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The GreenPrint Umbrella's collective liability under this agreement will not exceed the lesser of $500 (five hundred dollars) and the fees paid by you under this license (if any). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.


6. EXPORT CONTROLS.

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.


7. U.S. GOVERNMENT END-USERS.

The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.


8. MISCELLANEOUS.

8.1 This Agreement constitutes the entire agreement between GreenPrint and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of GreenPrint.

8.2 Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions. All claims brought by the End-User will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement and brought by the End-User will be resolved through mandatory binding arbitration conducted in Delaware, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all reasonable attorney's fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

8.3 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

8.4 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

8.5 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

8.6 Except as required by United States Federal Law or the law of any State within the United States of America, or any of the territories of the USA, the controlling language of this Agreement is English.

8.7 GreenPrint may assign its rights under this Agreement without condition or prior notice.

  1. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  2. This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.
  3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.

If you have any questions regarding this agreement or if you have any questions regarding to this Agreement or if you wish to request any information from GreenPrint, please write GreenPrint Technologies, 115 NW First Ave, Suite 200, Portland, OR, 97209, USA.

GreenPrint Technologies' logo is a registered trademark of GreenPrint Technologies, LLC. All the other product names are registered trademarks of their respective holders.

Copyright © GreenPrint Technologies, LLC and its Licensors.

NON-COMMERCIAL USE ONLY


ATTENTION: PLEASE READ DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. UNPERMITTED USE OF THIS SOFTWARE IS PROHIBITED BY LAW. THIS DOCUMENT EXPLAINS WHAT USES ARE PERMITTED AND WHICH USES ARE UNPERMITTED AND IT IS YOUR SOLE RESPONSIBILITY TO CAREFULLY REVIEW THIS DOCUMENT ACCORDINGLY. THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE "END USER" or "YOU") AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY DELETE ALL COPIES OF THE SOFTWARE AND RELATED DOCUMENTS. THE LICENSE PROVIDED HEREIN IS LIMITED, NON-TRANSFERABLE AND NON-EXCLUSIVE AND IS SUBJECT TO ALL RESTRICTIONS CONTAINED HEREIN. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF EXCEPT AS MAY BE PERMITTED AS SET FORTH HEREIN.
THIS NON-COMMERCIAL USE LICENSE IS VALID ONLY FOR NON-COMMERCIAL USAGE PERMITTED BY LICENSOR AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS OF THIS LICENSE. PERSONAL HOME USAGE, USAGE BY RECOGNIZED OR PERMITTED EDUCATIONAL INSTITUTIONS AND USAGE BY DULY FILED NOT-FOR-PROFIT CORPORATIONS IS GENERALLY PERMITTED. USE BY ANY FOR PROFIT BUSINESS OR ENTITY OR PERSONAL USE FOR PROFIT IS STRICTLY FORBIDDEN AND OUTSIDE THE SCOPE OF THIS LICENSE. ALL INQUIRIES REGARDING WHETHER A SPECIFIC NOT-FOR-PROFIT USE IS PERMITTED SHOULD BE DIRECTED TO THE LICENSOR.

The GreenPrint Technologies computer program(s) and the accompanying documentation are provided to the End-User by GreenPrint Technologies ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.

This document comprises a lawfully binding contract between you and GreenPrint Technologies ("GreenPrint"), a United States limited liability company duly formed in the State of Delaware. By clicking the "accept" button, or by installing or using the GreenPrint Software, you are consenting to be bound by this agreement. If you do not agree to the terms and conditions of this agreement, do not click the "accept" button, and do not install or use any part GreenPrint software.

This package contains software ("Software") and related explanatory materials of any and all nature ("Documentation"). The term Software shall also include any upgrades, notified versions, updates, additions and copies of the Software licensed to you by GreenPrint. GreenPrint grants to you a non-exclusive license to use the Software and Documentation, provided that you agree the following:

1. INSTALLATION OF THE SOFTWARE

1.1 The End-User may permanently install the Software onto a hard disk or other storage device on one single computer. Use on more than one computer, including network usage, requires a separate license for each computer that bears the program. This license is restricted to the First Computer that you install the Software upon. Please contact GreenPrint Technologies if you are interested in obtaining a license for multiple computer usage or purchase software for each computer in which you which to install the software. GreenPrint Technologies has licensed versions of the software with additional functionality designed for enterprise use.

1.2 Enhancements: From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices (or, in the sole discretion of GreenPrint Technologies, at no charge) as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST FILE A VALID REGISTRATION WITH GREENPRINT TECHNOLOGIES, WHICH INCLUDES ACCURATE AND COMPLETE INFORMATION AS REQUESTED BY GREENPRINT TECHNOLOGIES.

1.3 Use of the Software over a network requires that the number of different computers on which the Software is used does not exceed the number of computers licensed. Please contact GreenPrint Technologies to obtain a network license based on the number of users/computers if you require a network license, including regarding non-commercial usage of the Software via network.

1.4 You may make one copy in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law: as an express condition of this License, the End-User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor on the backup or archival copy made by the End-User.

2. COPYRIGHT AND OTHER RESTRICTIONS

2.1 The Software is the intellectual property of GreenPrint Technologies, LLC and is protected by U.S. copyright laws, patent laws, international treaty provisions, state and federal laws and regulations, international treaties and agreements, and any and all applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of GreenPrint Technologies. Therefore, the Software is protected by all relevant intellectual property laws and any infringement of GreenPrint Technologies' intellectual property rights will carry the likelihood of substantial financial damages and attorneys' fees to the infringing party. You may not copy the Software or accompanying materials other than as allowed by this license. Unauthorized copying, distribution, or "sharing" of the Software or accompanying material will be prosecuted to the fullest extent of the law. Willful infringement may bear additional costs and damages to the infringing party. You agree not to modify, adapt, translate, reserve engineer, de-compile, disassemble or otherwise attempt to discover the source code or origination of the Software. Trademarks(s) shall be used in accordance with accepted commercial trademark practice and only within the scope of permitted use as allowed by GreenPrint Technologies in writing. In accordance with the computer software rental act of 1990, you may not rent, lease, sub-license, or lend the Software or Documentation. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor. All normal restrictions regarding trademark usage applies. Trademarks can only be used to identify printed output produced by the Software. The Trademark may not otherwise be used by End-User. The use of any trademark as herein authorized does not give you any rights of ownership, control or license in that trademark.

2.2 Except as stated above, this Agreement does not grant you any rights to intellectual property rights in this Software. Requests for information can be directed to Software Development, GreenPrint Technologies, 115 NW First Avenue, Suite 200 Portland, OR, 97209, USA.


3. DISCLAIMER OF WARRANTY.

The product is provided "as is" and "where is" with any and all faults, errors or erratum that may be present in the Software or in the accompanying materials. To the extent permitted by law, GreenPrint Technologies, GreenPrint Technologies' distributors, and licensors hereby disclaim all warranties, except for the foregoing limited warranty, that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. You bear the entire risk as to selecting the product for your purposes and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.


4. LIMITATION OF LIABILITY.

Except as required by law, GreenPrint Technologies and its distributors, directors, licensors, contributors and agents (collectively know as "the GreenPrint Umbrella") will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The GreenPrint Umbrella's collective liability under this agreement will not exceed the lesser of $500 (five hundred dollars) and the fees paid by you under this license (if any). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.


5. EXPORT CONTROLS.

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.


6. U.S. GOVERNMENT END-USERS.

The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.


7. MISCELLANEOUS.

7.1 This Agreement constitutes the entire agreement between GreenPrint Technologies and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of GreenPrint Technologies.

7.2 Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions. All claims brought by the End-User will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement and brought by the End-User will be resolved through mandatory binding arbitration conducted in Delaware, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all reasonable attorney's fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

7.3 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

7.4 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

7.5 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

7.6 Except as required by United States Federal Law or the law of any State within the United States of America, or any of the territories of the USA, the controlling language of this Agreement is English.

7.7 GreenPrint Technologies may assign its rights under this Agreement without condition or prior notice.

7.8 This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

7.9 This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.

7.10 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.

If you have any questions regarding this agreement or if you have any questions regarding to this Agreement or if you wish to request any information from GreenPrint Technologies, please write GreenPrint Technologies, 115 NW First Ave, Suite 200, Portland, OR, 97209, USA.

GreenPrint Technologies' logo is a registered trademark of GreenPrint Technologies, LLC. All the other product names are registered trademarks of their respective holders.

Copyright © GreenPrint Technologies, LLC and its Licensors.

COMMERCIAL USE - ENTERPRISE EDITION


ATTENTION: PLEASE READ DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. UNPERMITTED USE OF THIS SOFTWARE IS PROHIBITED BY LAW. THIS DOCUMENT EXPLAINS WHAT USES ARE PERMITTED AND WHICH USES ARE UNPERMITTED AND IT IS YOUR SOLE RESPONSBILITY TO CAREFULLY REVIEW THIS DOCUMENT ACCORDINGLY. THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE "END USER" or "YOU") AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY DELETE ALL COPIES OF THE SOFTWARE AND RELATED DOCUMENTS AND REQUEST THAT YOUR LICENSE PRICE BE REFUNDED. THE LICENSE PROVIDED HEREIN IS LIMITED, NON-TRANSFERABLE AND NON-EXCLUSIVE AND IS SUBJECT TO ALL RESTRICTIONS CONTAINED HEREIN. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF EXCEPT AS MAY BE PERMITTED AS SET FORTH HEREIN.

The GreenPrint Technologies computer program(s) and the accompanying documentation are provided to the End-User by GreenPrint Technologies ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-User. The Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.

This document comprises a lawfully binding contract between you and GreenPrint Technologies ("GreenPrint"), a United States limited liability company duly formed in the State of Delaware. By clicking the "accept" button, or by installing or using the GreenPrint Software, you are consenting to be bound by this agreement. If you do not agree to the terms and conditions of this agreement, do not click the "accept" button, and do not install or use any part of the GreenPrint software.

IMPORTANT LEGAL INFORMATION FOR RESELLERS AND BUSINESS CLIENTS. IF YOU HAVE A SEPARATE SIGNED LICENSING/RESELLER AGREEMENT IN EFFECT WITH GREENPRINT THAT LICENSING/RESELLER AGREEMENT OVERRIDES THIS AGREEMENT AND IS CONTROLLING. THIS IS INDEPENDENT OF YOU HITTING OR NOT HITTING THE ACCEPT BUTTON. THIS CLAUSE CAN ONLY BE MODIFIED IN WRITING SIGNED BY AND AGREED TO BY GREENPRINT.

This package contains software ("Software") and related explanatory materials, of any and all format, ("Documentation"). The term Software shall also include any upgrades, notified versions, updates, additions and copies of the Software licensed to you by GreenPrint. GreenPrint grants to you a non-exclusive license to use the Software and Documentation, provided that you agree the following:


1. INSTALLATION OF THE SOFTWARE

1.1 The End-User may permanently install the Software onto a hard disk or other storage device on one single computer. Use on more than one computer, including network usage, requires a separate license for each computer that bears the program. This license is restricted to the First Computer that you install the Software upon.

1.2 Enhancements: From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices (or, in the sole discretion of GreenPrint, at no charge) as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST FILE A VALID REGISTRATION WITH GREENPRINT, WHICH INCLUDES ACCURATE AND COMPLETE INFORMATION AS REQUESTED BY GREENPRINT.

1.2 Use of the Software over a network requires that the number of different computers on which the Software is used does not exceed the number of computers licensed.

1.3 You may make one copy in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law: as an express condition of this License, the End-User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor on the backup or archival copy made by the End-User.


2. COPYRIGHT AN D OTHER RESTRICTIONS

2.1 The Software is the intellectual property of GreenPrint Technologies, LLC and is protected by U.S. copyright laws, patent laws, international treaty provisions, state and federal laws and regulations, international treaties and agreements, and any and all applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of GreenPrint. Therefore, the Software is protected by all relevant intellectual property laws and any infringement of GreenPrint's intellectual property rights will carry the likelihood of substantial financial damages and attorneys' fees to the infringing party. You may not copy the Software or accompanying materials other than as allowed by this license. Unauthorized copying, distribution, or "sharing" of the Software or accompanying material will be prosecuted to the fullest extent of the law. Willful infringement may bear additional costs and damages to the infringing party. You agree not to modify, adapt, translate, reserve engineer, de-compile, disassemble or otherwise attempt to discover the source code or origination of the Software. Trademarks(s) shall be used in accordance with accepted commercial trademark practice and only within the scope of permitted use as allowed by GreenPrint in writing. In accordance with the computer software rental act of 1990, you may not rent, lease, sub-license, or lend the Software or Documentation. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor. All normal restrictions regarding trademark usage applies Trademarks can only be used to identify printed output produced by the Software. The Trademark may not otherwise be used by End-User. The use of any trademark as herein authorized does not give you any rights of ownership, control or license in that trademark.

2.2 Except as stated above, this Agreement does not grant you any rights to intellectual property rights in this Software. Requests for information can be directed to Software Development, GreenPrint Technologies, 115 NW First Avenue, Suite 200 Portland, OR, 97209, USA.


3. LIMITED WARRANTY

3.1 GreenPrint warrants to you that the Software will perform substantially in accordance with the Documentation for a 90 day period following your receipt of the Software. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of GreenPrint and its distributors, and your exclusive remedy shall be limited to either, at GreenPrint's option, the replacement of the Software or the refund of the license fee you paid for the Software. No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.


4. DISCLAIMER OF WARRANTY.

4.1 The product is provided "as is" and "where is" with any and all faults, errors or erratum that may be present in the Software or in the accompanying materials. To the extent permitted by law, GreenPrint and GreenPrint's distributors, licensors hereby disclaim all warranties, except for the foregoing limited warranty, that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. You bear entire risk as to selecting the product for your purposes and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.


5. LIMITATION OF LIABILITY.

5.1 Except as required by law, GreenPrint and its distributors, directors, licensors, contributors and agents (collectively know as "the GreenPrint Umbrella") will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The GreenPrint Umbrella's collective liability under this agreement will not exceed the lesser of $500 (five hundred dollars) and the fees paid by you under this license (if any). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.


6. EXPORT CONTROLS.

6.1 This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.


7. U.S. GOVERNMENT END-USERS.

7.1 The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.

8. MISCELLANEOUS.

8.1 This Agreement constitutes the entire agreement between GreenPrint and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of GreenPrint.

8.2 Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions. All claims brought by the End-User will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement and brought by the End-User will be resolved through mandatory binding arbitration conducted in Delaware, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all reasonable attorney's fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

8.3 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

8.4 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

8.5 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

8.6 Except as required by United States Federal Law or the law of any State within the United States of America, or any of the territories of the USA, the controlling language of this Agreement is English.

8.7 GreenPrint may assign its rights under this Agreement without condition or prior notice.

8.8 This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

8.9 This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor. If the Parties sign a separate Licensing Agreement that Licensing Agreement would be controlling.

If you have any questions regarding this agreement or if you have any questions regarding to this Agreement or if you wish to request any information from GreenPrint, please write GreenPrint Technologies, 115 NW First Ave, Suite 200, Portland, OR, 97209, USA.

GreenPrint Technologies' logo is a registered trademark of GreenPrint Technologies, LLC. All the other product names are registered trademarks of their respective holders.

Copyright © GreenPrint Technologies, LLC and its Licensors.