ccScan® End User License Agreement (EULA)

ccScan® Copyright © 2007 – 2021 Capture Components LLC. All rights reserved. ccScan® is Registered in the United States Patent and Trademark Office by Capture Components LLC.

PLEASE READ THIS END USER LICENSE AGREEMENT (REFERRED TO HEREIN AS “AGREEMENT”) CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING ccScan® YOU AGREE TO THE TERMS OF THIS AGREEMENT.

If you do not agree to the terms of this Agreement, you must promptly delete every copy of ccScan® from your computer or any computer on which you have installed ccScan®. If you agree, ccScan® is licensed on a limited, non-exclusive, non-sublicensable, non-assignable basis, to you, the licensee, by Capture Components, LLC (hereafter referred to as “Licensor”), for use under the conditions set forth in this Agreement.

You may use ccScan® on any supported computer configuration, provided that ccScan® is used on only one such computer for production or continuous use, and additionally on one such computer for development or intermittent use but not for production use. If ccScan® has been purchased in a multi-user or network configuration or site license configuration, you may use ccScan® only on the number of computers specified by the documentation provided by Licensor in connection with the purchase of such configuration.

You may make one copy of ccScan® and the documentation provided by Licensor with respect to ccScan® (referred to herein as “documentation”) for backup or disaster prevention purposes for your use only.

You may not transfer, share, distribute, rent, resell, give-away, sub-license, or lease this license to ccScan® or its documentation.

You may not alter, modify, reverse engineer or adapt ccScan® or its documentation, or portions thereof including, but not limited to, translation, decompiling, disassembling, or creating derivative works. You may not attempt to discover the source code of ccScan®.

You may not export ccScan® in violation of any United States export laws. ccScan® may contain encryption methods restricted by the United States specifically to the 50 United States and all US territories, possessions, commonwealths and military bases.

Licensor warrants to you, the individual or entity that first purchased a license for ccScan® for use pursuant to the terms of this Agreement, that ccScan® will perform substantially in accordance with its documentation for the thirty-day period following your receipt of ccScan® when used in accordance with its documentation and on the recommended operating system and hardware configuration (refer to documents available at

https://ccscannow.com/operating-system-requirements and https://ccscannow.com/operating-system-requirements/recommended-system-requirements).Non-substantial variation of performance from the documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASES, RELEASE CANDIDATES, BETAS, TRIALS, DEMOS, EVALUATIONS OR NOT FOR RESALE COPIES OF ccScan®, WHICH ARE PROVIDED “AS IS” WITH NO WARRANTY.

All warranty claims must be made, along with proof of purchase, to Licensor within such thirty-day period. If ccScan® does not perform substantially in accordance with its documentation, the entire liability of Licensor and your exclusive remedy will be limited to either, at Licensor’s option, replacement of ccScan® or refund of the license fee you paid for ccScan®. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY LICENSOR AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR PROVIDES THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES “AS-IS” AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER, INCLUDING BUY NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUITE ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

The provisions of this and the foregoing section will survive the termination of this Agreement, howsoever caused, but this will not imply or create any continued right to use ccScan® after termination of this Agreement.

IN NO EVENT, SHALL LICENSOR OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ccScan®, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited to the maximum extent possible within the applicable jurisdiction.

Although ccScan® may be used to store documents or images in a repository, Licensor does not warrant the reliability, accessibility, longevity or availability of the repository. As the owner or custodian of your documents it is your responsibility to ensure your documents are safe and retrievable in any repository you choose, including but not limited to, your hard drive, network drive or removable media. Licensor shall not be liable for your failure or failure of the owner or custodian of the repository you choose for your documents or images, to make prudent backup and restorable copies of the repository.

You warrant that you will only use ccScan® for lawful purposes. You warrant that you will not use in connection with ccScan® any material or content that is subject to any third-party proprietary rights, unless you have a license or permission from the owner of such rights.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL OUT-OF-POCKET COSTS PAID TO A THIRD PARTY, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OUR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF ccScan®.

Any and all intellectual property rights in ccScan® are and shall remain the exclusive property of Licensor. Nothing in this Agreement intends to transfer any such rights to, or to vest any such rights in, you. Licensor retains all rights not expressly granted herein. Nothing in this Agreement constitutes a waiver of Licensor’s rights under United States copyright law. This License and your right to use ccScan® automatically terminate without notice if you fail to comply with any provision of this License Agreement or any terms and conditions associated with your purchase of ccScan®. Upon termination of this license, you agree to destroy all documentation and software, backed up or otherwise. This Agreement is governed by the laws of, and is entered-into in, the State of California.

Revised: December 27, 2020