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Contact Info

Questions? Contact sales@fieldsoftware.com

PocketPixPrint Developer License Agreement

  1. DEFINITIONS a. ("FieldSoftware") refers to FieldSoftware Products (aka Field Computer Products). b. ("LICENSEE") refers to the entity acquiring this license, c. ("OBJECT") refers to all functionality contained within PocketPixPrint. d. ("LICENSE KEY") refers to a unique code obtained from FieldSoftware which identifies the LICENSEE and unlocks or enables features of the OBJECT. e. ("SOFTWARE") collectively refers to the OBJECT, LICENSE KEY and any associated documentation. f. ("APPLICATION") refers to a computer program designed to utilize the SOFTWARE. g. (“DEVELOPER LICENSE KEY”) refers to a LICENSE KEY obtained from FieldSoftware which can be embedded into APPLICATION and used to enable OBJECT.
  2. GRANT OF LICENSE and DISTRIBUTION. The OBJECT may be freely distributed by LICENSEE to permit the end-user a 30-day evaluation of functionality of OBJECT. While the OBJECT may be freely distributed, the LICENSE KEY for a DEVELOPER LICENSE may be distributed by LICENSEE only when all of the following conditions are met: (a) The LICENSE KEY must be embedded in the APPLICATION in such a way that the LICENSE KEY is not visible or accessible to the end user. (b). LICENSE KEY may only be distributed for use by one computer per license purchased, unless otherwise agreed to in writing between FieldSoftware and LICENSEE, (c) The APPLICATION may not compete with the SOFTWARE, (d) The APPLICATION may not have, as one of its primary functions the ability to select and print image files from Pocket PC devices.
  3. COPYRIGHT. The SOFTWARE is owned by FieldSoftware and is protected by United States copyright laws and international treaty provisions.
  4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile or disassemble the SOFTWARE. 
  5. PROPRIETARY RIGHTS. All copyright, patent, trade secret, trademarks and other intellectual and proprietary rights in the SOFTWARE are and shall remain the valuable property of FieldSoftware, or the Author of the SOFTWARE. You agree to take all necessary steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service.
  6. LIMITED WARRANTY. FieldSoftware warrants that the SOFTWARE will operate substantially in accordance with its documentation for a period of thirty days from the date you receive it. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS. Although FieldSoftware has tested the SOFTWARE and reviewed the documentation, this SOFTWARE is licensed "AS IS" and you, the licensee, are assuming the entire risk as to its quality and performance.
  7. CUSTOMER REMEDIES. The entire liability of FieldSoftware and your exclusive remedy shall be, at the option of FieldSoftware, either (a) return of the price paid or (b) replacement of the SOFTWARE. No warranty will be honored and remedy will be provided unless the SOFTWARE is returned to FieldSoftware along with the original dated receipt. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or (30) days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE THE UNITED STATES OF AMERICA.
  8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FieldSoftware BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION EVEN IF FieldSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FieldSoftware SHALL HAVE NO LIABILITY FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED WITH THE SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. IN NO CASE SHALL FieldSoftware's LIABILITY EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  9. GENERAL (a) If any provision of this agreement is found to be invalid by any court of competent jurisdiction, the balance of this agreement shall remain in full force and effect. (b) This agreement shall be governed by the laws of the State of California. Both you and FieldSoftware consent to jurisdiction of the state and federal courts sitting in El Dorado County, California, in connection with any suit or action brought regarding the SOFTWARE or this agreement. (c) This agreement is the complete and exclusive statement of the agreement by you and FieldSoftware, It supersedes all prior communications between the parties relating to the subject matter of this agreement, whether written or oral. This agreement also supersedes the terms and conditions of any purchase order regarding the SOFTWARE, submitted in the past or to be submitted in the future. No FieldSoftware dealer, agent or employee is authorized to make any modifications or additions to this agreement and warranty.

    PocketPixPrint (c) 2001-2007 - FieldSoftware Products