Fill and Sign the End User License Agreement for Digital Signature Software Form

End-User License Agreement for _________________________ (Name of Digital Signature Software) This End-User License Agreement ("EULA") is entered into between Licensor __________________ (Name of Licensor) , a corporation organized and existing under the laws of the state of _______________, with its principal office located at __________________ _____________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Licensor , and you, as licensee, referred to herein as Licensee . By installing, copying, downloading, accessing or otherwise using the ________________________ (Name of Digital Signature Software) , hereinafter referred to as the Product , Licensee agrees to be bound by the terms of this EULA. If Licensee does not agree to the terms of this EULA, do not install or use the Product. 1. Software Product License The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold. 2. Grant of License: This EULA grants Licensee the right to install and use the Product on an unlimited number of computers, including workstations, terminals or other digital electronic devices (Computers) residing on Licensee’s premises for the sole purpose of adding a digital signature to Licensee’s TrueType or Open Type font. 3. Description of Other Rights and Limitations A. Licensee may not reverse engineer, decompile, or disassemble the Product, except, and only to the extent that, such activity is expressly permitted by applicable law notwithstanding this limitation. B. Licensee may not rent, lease or lend the Product or permanently transfer all of Licensee’s rights under this EULA; provided, however, if Licensee retains no copies, Licensee may transfer all of the Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity if the recipient agrees to the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product. Licensee may not distribute the Product. C. Termination. Without prejudice to any other rights, Licensor may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Product and all of its component parts. D. Copyright. All title and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Product, the accompanying printed materials, and any copies of the Product) are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants Licensee no rights to use such content. All rights not expressly granted are reserved by Licensor. 4. Export Restrictions. Licensee will not export or re-export the Product, any part thereof, or any process or service that is the direct product of the Product (the foregoing collectively referred to as the Restricted Components ), to any country, person or entity subject to U.S. export restrictions. Licensee specifically agree not to export or re-export any of the Restricted Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who Licensee know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. Licensee warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied Licensee’s export privileges. 5. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Licensor is providing the Product and any (if any) Support Services AS IS AND WITH ALL FAULTS , and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Product, and the provision of or failure to provide Support Services . ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH LICENSEE. 6 . EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Limitation of Liability and Remedies. Notwithstanding any damages that Licensee might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Licensor and any of its suppliers under any provision of this EULA and Licensee’s exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by Licensee for the Product or $________. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 8. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ Owner ________________________ By:_________________________ (P rinted name) _______________________ ________________________ (P rinted name & Office in Corporation) (Signature of Licensee) _______________________ (Signature of Officer)