PRECISION MICROGRAPHICS & IMAGING, INC.

END USER SOFTWARE LICENSE AGREEMENT


This End-User License Agreement ("EULA") pertains to Precision Micrographics and Imaging, Inc.'s Copyrighted computer software DataBridge2 (the "Software") in the package containing CD-ROMs, diskettes, associated media, printed materials, electronic distribution package or electronic documentation. Please read the terms and conditions of this End-User License Agreement ("EULA") before installing or otherwise using the Software.
This End-User License Agreement ("EULA") is a legally enforceable contract between you ("Customer" or "you") and Precision Micrographics & Imaging, Inc., a Texas corporation. By clicking "I agree", installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.

  1. LICENSE.
    One user may use the Software on the Customer's workstation where the software was installed; you may use the Software on a second computer so long as second license key is purchased; you may use the Software on a network ONLY IF each individual accessing the Software through the network has a copy licensed to that individual; and you may copy the Software for archival purposes, provided the copy contains all of the original Software's proprietary notices.
    IMPORTANT NOTICE: Precision Micrographics & Imaging, Inc. reserves the right to require that the original software be returned to it in order for you to receive any upgrades and/or replacement software.
  2. RESTRICTIONS.
    You agree that you may not:
    1. Use the Software simultaneously on more than one central processing unit;
    2. Copy, modify, or translate the software or documentation in any way without prior written consent of Precision Micrographics &Imaging, Inc.
    3. Rent, lease, distribute, disclose, or transfer the software or documentation, in whole or in part to any third party; or
    4. Use the Software, documentation, or any portion thereof after termination or cancellation of this Agreement or the license granted hereunder.
    5. The restrictions set forth in this Paragraph 2 shall survive termination or cancellation of this Agreement.
    6. Use the Software without a current software maintenance agreement. A new license key will be issued to you yearly upon renewal of the software maintenance agreement. The Software will cease to function after this date and the License described in Paragraph 1 shall be terminated.
  3. TERM AND TERMINATION.
    The term of this Agreement and the license granted to you, pursuant to Paragraph 1, shall commence upon clicking on the "I accept" button below, installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any "online" or electronic documentation and shall terminate upon your discontinuing the use of the software. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon termination/cancellation of this Agreement, you shall immediately destroy the software, all copies thereof, and any documentation; or you shall immediately return the software, all copies thereof, and any documentation to Precision Micrographics & Imaging, Inc.
  4. SITE LICENSE.
    Should you purchase additional site licenses for the use of the software, said licenses must be at the same physical location (address) as the original licensed software. All terms and conditions of the original License Agreement shall apply to each site license purchased.
  5. LIMITED WARRANTY.
    Every reasonable attempt was made to verify the accuracy of the software and its documentation.
    PRECISION MICROGRAPHICS & IMAGING, INC. WARRANTS THAT THE SOFTWARE SHALL BE OF PRECISION MICROGRAPHICS & IMAGING, INC.'S STANDARD QUALITY AND FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. PRECISION MICROGRAPHICS & IMAGING, INC.'S SOLE LIABILITY AND OBLIGATION CONCERNING THE SOFTWARE WILL BE TO REPLACE DEFECTIVE DISKETTES OR PRINTED MATERIALS THAT PREVENT THE SOFTWARE FROM PERFORMING AS DESCRIBED IN THE ACCOMPANYING WRITTEN MATERIALS FOR THE SOFTWARE. DEFECTS MUST BE REPORTED IN WRITING TO PRECISION MICROGRAPHICS & IMAGING, INC. WITHIN 60 DAYS FROM YOUR RECEIPT OF THE SOFTWARE.
    THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. BY WAY OF EXAMPLE, AND NOT AS A LIMITATION OF THE FOREGOING, PRECISION MICROGRAPHICS & IMAGING, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS OR THAT THE PROGRAM WILL OPERATE IN THE COMBINATION WHICH THE USER SELECTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
    ANYONE MAKING USE OF THE SOFTWARE ASSUMES ALL LIABILITY ARISING FROM ITS USE.
    IN NO EVENT SHALL PRECISION MICROGRAPHICS & IMAGING, INC. BE LIABLE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY THE USER OR OTHERS AS A RESULT OF THE USE, INABILITY TO USE OR MISUSE OF THE SOFTWARE, EVEN IF PRECISION MICROGRAPHICS & IMAGING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER'S SOLE REMEDIES ARE AS SET FORTH ABOVE.

    In the event that you wish to obtain the replacement of a defective diskette or printed materials during the 60-day warranty period, you must send the defective part or parts postage paid, to Precision Micrographics & Imaging, Inc. 8204 North Lamar Blvd. Suite C-20 Austin, Texas 78753. Please include your name, address and a copy of the packing slip or a copy of your receipt and a brief description of the defect.
  6. MISCELLANEOUS.
    1. BY CLICKING "I AGREE, BREAKING THE SEAL ON THE DISK PACKAGE, INSTALLING, COPYING, OR OTHERWISE USING ANY PART OF THE SOFTWARE OR ANY ASSOCIATED MEDIA, ANY PRINTED MATERIALS, OR ANY "ONLINE" OR ELECTRONIC DOCUMENTATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, YOU AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
    2. It is your responsibility to have the most recent version of the software available.
    3. If any of the provisions of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the offending provision shall, to the extent possible, be so construed and reformed as to render the same enforceable.
    4. This Agreement shall be interpreted, construed, and governed according to the laws of the State of Texas.
  7. COPYRIGHT.
    The software contained in the installation package and the accompanying written materials are owned by Precision Micrographics & Imaging, Inc. and are protected by the copyright laws of the United States of America and international treaty provisions.

Last Updated: April 29, 2004