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Hyland Application####END USER LICENSE AGREEMENT####IMPORTANT – READ THESE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THIS APPLICATION (THE “APPLICATION”). BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT LOAD THE APPLICATION ONTO YOUR DEVICE OR MAKE ANY USE OF THE APPLICATION. ##License. The Application is made available to you individually, or if you are authorized to use the Application on behalf of your company or another organization, then to the entity for whose benefit you act (in either case "you"). The Application is licensed by Hyland Software, Inc. (“Hyland”). Subject to your compliance with the terms and conditions of this EULA, Hyland grants you the non-exclusive, worldwide, non-transferable, and terminable license to use the Application on your mobile device. You acknowledge that this EULA is a binding and legally enforceable agreement between you and Hyland with respect to the Application. You acknowledge and agree that your use of the Application is governed by and subject to the terms of this EULA. You shall only use the Application in accordance with the terms of this EULA. ##You may use this Application only in connection with your authorized use of a proprietary Hyland software product (the “Software”) that has been licensed to you by Hyland or one of its authorized solution providers (in either case, the “Licensor”) pursuant to the terms of a software license agreement (the “Software License Agreement”). You acknowledge and reaffirm that the Software License Agreement is a binding and legally enforceable agreement between you and Licensor with respect to the Software. You acknowledge and agree that your use of the Software is governed by and subject to the terms of the Software License Agreement. You shall only use the Software in accordance with the terms of the Software License Agreement. ##Access, Rates and Fees. You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use the Application. Hyland does not guarantee that the Application can be accessed on all wireless devices or wireless service plans. Hyland does not guarantee that the Application is available in all geographic locations. You acknowledge that when you use the Application, if on a mobile device, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE APPLICATION OR SOFTWARE FROM YOUR MOBILE DEVICE.##Ownership. You acknowledge and agree that Hyland and its suppliers own the Application, including, without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks and proprietary and confidential information rights in or associated with the Application. The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. No ownership rights in the Application are transferred to you. You agree that nothing in this EULA or the Software License Agreement gives you any right, title or interest in the Application, except for the limited express rights granted in this EULA.##Term. The term of this EULA shall commence upon your acceptance of this EULA, and shall terminate immediately and automatically, without any further action by either party, upon any of the following: (1) any termination of the Software License Agreement; or (2) Hyland’s delivery of written notice of termination of this EULA to you due to your breach of this EULA or the Software License Agreement. Your right to use the Application shall terminate upon the effective date of any termination of this EULA.##Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Hyland is prohibited from transacting business under U.S. law. You shall not use the Application for any prohibited end uses under applicable United States laws and regulations, including but not limited to, any application related to, or purposes associated with, nuclear, chemical or biological warfare, missile technology (including unmanned air vehicles), military application or any other use prohibited or restricted under the U.S. Export Administration Regulations (EAR) or any other relevant laws, rules or regulations of the U.S..####U.S. Government End Users: The terms and conditions of this EULA shall pertain to the Government’s use and/or disclosure of the Application, and shall supersede any conflicting contractual terms or conditions. By accepting the terms of this EULA and/or the delivery of the Application, the Government hereby agrees that the Application qualifies as “commercial” computer software within the meaning of ALL federal acquisition regulation(s) applicable to this procurement and that the Application is developed exclusively at private expense. If this license fails to meet the Government’s needs or is inconsistent in any respect with Federal law, the Government agrees to return this Application to Hyland. In addition to the foregoing, where DFARS is applicable, use, modification, reproduction, release, display, or disclosure of the Application by the Government is subject solely to the terms of this EULA, as stated in DFARS 227.7202, and the terms of this EULA shall supersede any conflicting contractual term or conditions.##Third Party Services and Device. Since the use of the Application on your device may depend on certain third party permissions and services (such as airtime services) ("Third Party Services") and the working condition of your device, which are not under the control of the Hyland, Hyland shall not be responsible for the availability, use, performance or non-performance, legality or other aspects of any Third Party Services or your device required to use the Application or for your inability to use the Application to the extent that such inability is caused by the Third Party Services or your device.##Restrictions: You agree: (1) not to remove any copyright, patent, or trademark notices in the Application; (2) not to sell, transfer, rent, lease or sub-license the Application to any third party; (3) not to alter or modify the Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application; and (5) not to prepare derivative works from the Application.######NO WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HYLAND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF GOOD TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES THAT ARISE OR MAY BE DEEMED TO ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. HYLAND DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HYLAND OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY UNLESS IT IS SET FORTH IN WRITING, REFERENCES THIS EULA, AND IS SIGNED ON BEHALF OF HYLAND BY A CORPORATE OFFICER.######LIMITATION OF LIABILITY. IN NO EVENT SHALL HYLAND’S LIABILITY ARISING OUT OF THIS EULA OR YOUR USE OF THE APPLICATION EXCEED FIFTY (50) U.S. DOLLARS. IN NO EVENT SHALL HYLAND OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION DAMAGES OR EXPENSES, THE COSTS OF SUBSTITUTE SOFTWARE, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, OR CLAIMS BY THIRD PARTIES, EVEN IF HYLAND OR SUCH SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ####Choice of Law: The laws of the State of Ohio, without regard to its conflicts of law rules, govern this license and your use of the Application. The parties mutually agree that the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended, shall not be applicable with respect to this EULA. ####Severability: In the event that a court of competent jurisdiction determines that any portion of this EULA is unenforceable, it shall not affect any other provisions of this EULA.####Entire Agreement: This EULA constitutes the entire agreement and understanding of the parties with respect to the Application and supersedes all prior and contemporaneous agreements, documents and proposals, oral or written, between the parties with respect thereto. This EULA may be amended or modified only by an agreement in writing signed by each of the parties and may not be modified by course of conduct.####Trademarks: Hyland is a registered trademark of Hyland Software, Inc. in the United States and other countries.
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