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RepliGo Professional Account Setup
Use the following form only if you have already purchased a RepliGo Professional subscription and need to setup your account information. Your registration key is required to complete this form.
License Agreement
You must agree to the following to use the RepliGo Professional service.
RepliGo Professional End-User License Agreement (rev. 08/30/2005) Subject to the payment of applicable license fees, Cerience Corporation grants you a nonexclusive right to use its RepliGo Professional service and related software in the terms and conditions provided as follow: RepliGo Professional and the client software installed to the mobile computing device is considered THE SERVICE AND SOFTWARE for purposes of this agreement. END-USER LICENSE You may install and use THE SERVICE AND SOFTWARE on a single mobile computing device of which you the End-User are the primary owner/user of that device. You must uninstall the Software from the original device before installing it to a new mobile computing device. THE SERVICE AND SOFTWARE can be used for the conversion of document and image files to the RepliGo file format. The usage of THE SERVICE AND SOFTWARE and output may not infringe on the agreements outlined in the following paragraphs. THE SERVICE AND SOFTWARE may NOT be used for delivering services on your organization's network or for providing services to customers or clients such as a service bureau. You may not use THE SERVICE AND SOFTWARE to charge a fee to a thirdly party for the creation of RepliGo documents. You may not share THE SERVICE AND SOFTWARE program across the network or on a shared physical computer or mobile computing device as a multiple end-user resource. You are not authorized to integrate or use THE SERVICE AND SOFTWARE with any other software or enhancement that programmatically interfaces with THE SERVICE AND SOFTWARE in any way for any purpose. You are not authorized to automate the conversion of documents programmatically or otherwise. No other network or server use is permitted. You may not use the program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify Cerience Corporation for any and all claims arising from any violation by you of the terms of this End-User License. You may keep one copy of THE SOFTWARE on a single file server only for the purposes of backup. COPYRIGHT THE SERVICE AND SOFTWARE is owned by Cerience Corporation and/or its suppliers, and is protected by U.S. and international copyright laws. You may not copy THE SERVICE AND SOFTWARE except as set forth in the "End-User License" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in THE SERVICE AND SOFTWARE. You may not distribute, sublicense or make available copies of the program, services, or related documentation to others in any form, electronic or otherwise, or modify or translate the program, service, or related documentation without the prior written consent of Cerience. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on THE SERVICE AND SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT. LIMITED WARRANTY Cerience Corporation warrants that the media containing THE SERVICE AND SOFTWARE, if provided by Cerience Corporation, is free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Cerience Corporation sole liability for any breach of this warranty shall be to replace your defective media. Any media not meeting Cerience Corporation Limited Warranty must be returned to Cerience Corporation by prepaid post with a copy of the receipt. Replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. EXCLUSION OF WARRANTY THIS PROGRAM AND SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH CERIENCE SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM AND/OR SERVICE IS ASSUMED BY YOU. SHOULD THE PROGRAM OR SERVICE PROVE DEFECTIVE, YOU (AND NOT CERIENCE OR ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CERIENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER CERIENCE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM AND SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERIENCE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF CERIENCE'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY LICENSE FEE YOU ACTUALLY PAID TO CERIENCE FOR THIS PROGRAM. PRE-RELEASE PRODUCT ADDITIONAL TERMS If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that THE SERVICE AND SOFTWARE is a pre-release version, does not represent final product from Cerience, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Cerience disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, CERIENCE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Cerience has not promised or guaranteed to you that Pre-release Software or Service will be announced or made available to anyone in the future, that Cerience has no express or implied obligation to you to announce or introduce the Pre-release Software or Service and that Cerience may not introduce a product similar to or compatible with the Pre-release Software or Service. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or Service or any product associated with the Pre-release Software or Service is done entirely at your own risk. During the term of this Agreement, if requested by Cerience, you will provide feedback to Cerience regarding testing and use of the Pre-release Software or Service, including error or bug reports. TERM The End-User License is effective until terminated. You may terminate an End-User License by destroying the program and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with the Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Trial and evaluation licenses terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the program and documentation in your possession or control. EXPORT LAWS You agree and certify that neither THE SERVICE AND SOFTWARE nor any other technical data received from Cerience, nor the direct product thereof, will be exported outside the United States (i) into any country (or to a national or resident of any such country) as to which the U.S. has embargoed goods, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) otherwise in violation of or as prohibited by the laws, rules, regulations or administrative orders of the United States, or any unit, agency or department thereof. By opening or downloading THE SERVICE AND SOFTWARE, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition. GOVERNMENT USERS Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions, which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software and set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Cerience Corporation, 3307 South College Avenue, Suite 200, Fort Collins, CO 80525. GENERAL This Agreement shall be governed by the laws of the State of Colorado without regard to principles of conflicts of laws and shall inure to the benefit of Cerience, its successors and assigns. Any disputes relating hereto shall be adjudicated in the state or federal courts in the State of Colorado, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.
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