ScanVision Standalone Edition (STD) 4.3

THREE RIVERS SOFTWARE LLC.

USER AGREEMENT AND SOFTWARE LICENSE TERMS

Before you click on the accept button at the end of this document, carefully read all the terms and conditions of this agreement. By clicking on the accept button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the "do not accept" button and do not use this software.

THREE RIVERS SOFTWARE LLC.

USER AGREEMENT AND SOFTWARE LICENSE TERMS

Before you click on the accept button at the end of this document, carefully read all the terms and conditions of this agreement. By clicking on the accept button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the "do not accept" button and do not use this software.

This User Agreement (the "Agreement") is a legal agreement between you and Three Rivers Software LLC., a Florida company ("Three Rivers Software") for the ScanVision Software. In this Agreement, the term "Software" means the ScanVision Software, including computer software and associated media and printed materials, and may include "online" or electronic documentation. The term "Use" means storing, loading, installing, executing or displaying the Software. "Computer" means a central processing unit ("CPU") or group of CPU's, that accesses its or their own individual non-cache Random Access Memory. "Server" means a Computer, which permits Concurrent Use by multiple users. "Client" means a Computer used to access a Server. "Concurrent Use" means access, directly or indirectly, by a licensed user, of the Software executing on the Server.

License Grant - Usage in General.

You may use the Software, in the quantity and for the purposes set forth below, depending on the particular license you have acquired. Except as otherwise specifically set forth below, (a) Three Rivers Software grants you and you accept the non-exclusive, non-transferable right to Use the Software in object code form only, on a single Computer; and (b) you may not modify the Software or disable any licensing or control features of the Software.

Named User or Enterprise License: If your Software is designated as a “Named User License” or an “Enterprise License” the software may only be used by the individual that is designated by the administrator as the Named User for that copy of Software. The Named User may use that particular copy of the Software on any computer so long as only that Named User is accessing the Software.

Server License: If your Software is designated as a “Server License”, you must acquire one copy of the Software for each Server on which the Software is installed. However each Client that accesses the Server must still be separately licensed.

Concurrent License: If your Software is designated as Concurrent Use, you are only authorized to permit the Concurrent Use of such Server by the number of Clients for which you have purchased Concurrent Use licenses.

The Software may contain code that enforces Concurrent Use restrictions. You may only Use the Software on a single Computer. You may only Use the Software to access Servers on which the Software is installed if the Use of the Software on such Server is properly licensed and complies with the conditions (including any Concurrent Use restrictions) of such Server license.

Ownership. You acknowledge and agree that the Software is owned and copyrighted by Three Rivers Software or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. All ownership rights remain in Three Rivers Software or its third party suppliers, as the case may be. Three Rivers Software and ScanVision are trademarks or service marks or registered trademarks or service marks of Three Rivers Software in the United States of America or in other countries. All other marks in the Software are the marks of their respective owners.

Copies. You may only make one copy of the object code of the Software solely for backup or archival purposes or when copying is an essential step in the authorized Use of the Software. You must reproduce all copyright and other proprietary or restricted rights notices in the original Software on all authorized copies. You may not copy any of the enclosed books or printed materials, which are part of the Software.

Additional Restrictions. Except to the extent permitted above, you may not: permit other individuals to use the Software; permit Concurrent Use of the Software; modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; copy (including copying onto a bulletin board or similar system) the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software. If you are using the Software in any country in the European Union, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Software does not affect you rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

Upgrades. If the Software is an upgrade of a Three Rivers Software product, you now may use that upgraded product only in accordance with this License Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one Computer. You may not loan, rent, lease, or otherwise transfer the original non-upgraded product to another user.

Remedies. Three Rivers Software’s entire liability and your exclusive remedy shall be, at Three Rivers Software’s option, either (a) return of the price paid in respect if that upgrade, or (b) replacement of any defective media, in each case conditional on such media and accompanying documentation being returned to Three Rivers Software with proof of purchase.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THREE RIVERS SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN PARTICULAR, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Three Rivers Software assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. Because software is inherently complex and may not be completely free of errors, you are advised to verify and back up your work. Additionally, Three Rivers Software does not guarantee compatibility between the Software licensed to you under this Agreement and any future versions of the Software.

LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THREE RIVERS SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THREE RIVERS SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, THREE RIVERS SOFTWARE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THREE RIVERS SOFTWARE'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE.

Export Controls. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States of America has embargoed goods; or (ii) to anyone on the United States of America's Treasury Department's list of Specially Designated Nationals or the United States of America's Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

U.S. Government End Users. The Software is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

Term. Your license under this Agreement is effective until terminated. You may terminate this license at any time. Three Rivers Software may terminate this Agreement immediately if you breach any of the provisions of this Agreement. Upon any such termination or expiration, you must discontinue all use of the Software, and immediately destroy the Software together with all copies. The provisions of this Agreement (other than your license to use the Software) shall survive the termination of the license, or the termination or expiration of this Agreement.

Controlling Law and Severability. This Agreement constitutes the entire agreement between you and Three Rivers Software with reference to this transaction. This Agreement will be governed by the laws of the State of Florida, USA, except for that body dealing with conflicts of law. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. In the event of any dispute involving this Agreement, Three Rivers Software and you each consent to exclusive jurisdiction and venue in either the state or federal courts in the State of Florida and agree that the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No decision, action or inaction by Three Rivers Software shall be construed to be a waiver of any rights or remedies available to it.