End User License Agreement (EULA) for GoPrint, ITC Systems' Software

ANY USE OF THIS SOFTWARE AND/OR ITS RELATED SERVICES,
INCLUDING BUT NOT LIMITED TO SUPPORT, CONSTITUTES
ACCEPTANCE BY YOU OF ALL SUCH NOTICES, TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS HEREIN,
OR IF THESE TERMS ARE NOT LEGAL IN YOUR AREA, THEN YOU
ARE NOT AUTHORIZED TO USE THIS SOFTWARE.

1. DEFINITIONS

  "ITC Systems" means the licensor ITC Systems, Inc.

  "Licensee" means the individual or legal entity who desires to use the
  Software and who accepts and complies with the terms of this Agreement.

  "Agreement" means this End User License Agreement (EULA).

  "Effective Date" means the date Licensee accepts the terms of the Agreement.

  "Software" means the binary release version of GoPrint being used by Licensee
  and all accompanying documentation or materials whether in electronic or hard
  copy form.

  "Site" means the licensee's company and offices.

  "Registration Key" means the unique combination of site name, serial number,
  and registration number that are assigned to Licensee.

  "Site Contact" means the individual authorized by Licensee to receive the
  software and conduct all correspondence with ITC Systems.

  "Additional Fees" means any charges beyond the base subscription period price
  for the Software.  

2. USE OF SOFTWARE

  Commencing on the Effective Date, ITC Systems hereby grants to Licensee,
  and Licensee accepts, a limited, non-exclusive and non-transferable license to
  install and use the number of copies of the Software for which the corresponding
  fee has been paid, and to make such copies of the Software as necessary for use
  at the Site. Licensee may not:
  (a) lease, rent, or otherwise transfer rights to the Software without the prior
  written consent of ITC Systems; (b) modify, translate, decompile, 
  reverse-engineer, disassemble, or create derivative works based on the Software;
  (c) remove any proprietary notices or labels on the Software; (d) sell, resell or
  exploit for any commercial purposes, any use of the Software, or your access to
  the software; or (e) allow use and/or access by any third party not located at the
  Site via the Internet or any other means. 

  Licensee agrees to use the Software in a manner that complies with all applicable
  laws, and acknowledges sole responsibility for any data imported, download, 
  transmitted or otherwise processed using the Software. Licensee agrees not to use
  the Software to transmit data which includes a virus, worm, Trojan-horse, sniffer,
  or other code designed to acquire information about other users or disrupt the
  functionality or availability of any computer program, database, the Software or
  any other Internet host.

3. OWNERSHIP

  GoPrint is a registered trademark of ITC Systems, Inc.
  The GoPrintPrint software is copyright by ITC Systems with offices at
  27 Mobile Dr, North York, Ontario, M4A 1H5, Canada.

  Any and all intellectual property rights associated with the Software, and its
  related services, -- including without limitation any inventive concepts, know-how,
  publicity rights, trademarks, trade-dress, trade secrets, and copyrights -- are the
  sole property of ITC Systems, and may not be copied, reproduced, modified,
  uploaded, transmitted, or distributed in any way without written permission from 
  ITC Systems.

  Except as provided herein, ITC Systems does not grant to Licensee any
  express or implied rights to its intellectual property. Any right associated with
  content which is input, imported, output, transmitted or otherwise processed by the
  Software itself shall be retained by the content owner.

4. SUBSCRIPTION

  The Software is provided to Licensee on a renewable, paid subscription basis which
  includes the Software, specified amount of support time, and updates to the Software
  during the subscription period. Subscription fees are subject to change and may vary
  based on the time of purchase, length of subscription period and/or type of subscription,
  such as new or renewal. ITC Systems reserves the right to add or delete any
  features and/or functionality of the Software at any time during the Licensee's
  subscription, including, but not limited to, the external transaction servers
  supported. ITC Systems, as necessary to offset unforeseen and/or variable
  costs not present at time of subscription purchase, may require Additional Fees for
  certain features and/or functionality, whether new or existing, from Licensee providing
  ITC Systems obtains acceptance of any Additional Fees in advance from Licensee.
  In the event that Licensee does not accept an additional fee, Licensee will continue to
  utilize the Software and the features and/or functionality specific to the subsription
  service only.

  The Software may not function at it's full capabilities after the Licensee's subscription
  period has expired. This Agreement remains in effect upon subscription period
  expiration.

  It is the Licensee's responsibility to install updates to the Software on any workstations
  where the Software is used in order to ensure that the most current version of the
  Software is being utilized.

5. SUPPORT POLICY

  If the Site is having problems with the Software or the data files it uses,
  ITC Systems will assist the Site Contact in resolving these problems under
  our GoPrintPrint Service and Support Plan. The amount of personal support time provided
  at no additional charge varies based on the Software subscription purchased. If
  necessary, Licensee may purchase additional support time. ITC Systems offers
  personal support to the Site Contact via phone, Internet e-mail, and an online trouble
  ticket system. Licensee will be eligible for a refund if, after exhausting support
  options, ITC Systems determines that the Licensee's operating environment
  is not compatible with the Software.

  Licensee will not be charged for support time if that time is necessary because
  ITC Systems did not resolve a problem before closing out the incident. 

  If the Site Contact provides data, including usernames or passwords, to
  ITC Systems in the course of obtaining support then Licensee is authorizing
  ITC Systems to use the data for the specific purpose of resolving the support incident.
  ITC Systems will not store the data after the incident is considered to be resolved.

6. DISCLAIMERS

  The Software is provided "AS IS". ITC Systems MAKES NO REPRESENTATIONS OR WARRANTIES
  OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR ACCURACY OF THE SOFTWARE,
  OR THE INFORMATION, MATERIALS, SERVICES OR PRODUCTS INCLUDED, REFERENCED, PROCESSED
  OR TRANSMITTED WITH THE SOFTWARE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
  ITC Systems DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
  TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY 
  WARRANTIES OF NON-INFRINGEMENT. ITC Systems will not be liable to any party for direct,
  indirect, special or other consequential or incidental damages arising directly or 
  indirectly from the use of this software and related services, including, but not
  limited to, any lost profits, business interruption, loss of program or other data 
  on your practice management system or otherwise, even if ITC Systems is expressly
  advised of the possibility of such damages. 

7. INDEMNIFICATION

  Licensee agrees to indemnify and hold harmless ITC Systems, and its officers, Software
  developers, employees, other partners and agents, from any and all claims or demands,
  including suits, losses, damages, costs, fees, and expenses, made by any third party
  as a result of Licensee's possession and/or use of the Software, or any violation of
  this Agreement or the rights of others.
  
8. GENERAL

  This Agreement embodies the entire understanding of the parties and
  supersedes all previous communications, representations, or
  understandings, either oral or written, between the parties relating to the
  subject matter hereof.

  ITC Systems reserves the right to amend this Agreement at any time and Licensee
  agrees to be bound by those changes unless you promptly instruct ITC Systems 
  otherwise.

9. TAXES

  Licensee shall pay all sales, use, and excise taxes imposed on the Software
  or use thereof by Licensee, if any.

10. PUBLICITY

  Neither party shall use the name, trade name, service marks, trademarks,
  trade dress or logo of the other party in press releases, advertising or
  similar activities without the prior written consent of the other party.

11. EXPORT REGULATIONS

  The Software may not by exported outside of the United States.

12. APPLICABLE LAWS

  This Agreement shall be construed in accordance with, and its performance
  shall be governed by, the laws of the State of Arizona. Any suit, action, or
  proceeding arising out of or relating to this Agreement shall be decided in
  Maricopa County, Arizona. Licensee accepts the venue and jurisdiction.

  If any provision of this Agreement shall be held to be invalid, illegal or
  unenforceable, the validity, legality and enforceability of the remaining
  provisions shall not be in any way affected or impaired thereby.

  This Agreement and the rights and benefits conferred upon Licensee
  hereunder may not be assigned or otherwise transferred by Licensee
  without the prior written consent of ITC Systems.

13. TERMINATION

  Licensee may terminate this Agreement at any time upon written notice to
  ITC Systems. Licensee is responsible for payment of the subscription ordered.
  If Licensee terminates this Agreement within thirty (30) days of
  delivery of the Software to Licensee, ITC Systems shall refund any fees received
  from Licensee less the value of any support time used and shipping/handling
  charges upon Licensee's fulfillment of all obligations under this Agreement.

  ITC Systems may terminate this Agreement upon notice if Licensee is in breach of
  this Agreement and fails to cure such breach within thirty (30) days of a
  written demand to do so from ITC Systems.  

  The provisions under which this Agreement may be terminated shall be in
  addition to any and all other legal remedies which either party may have for
  the enforcement of any and all terms hereof, and do not in any way limit any
  other legal remedy such party may have.

  Termination of this Agreement shall terminate all rights and licenses
  granted to Licensee relating to the Software. Licensee shall return the
  Software and all copies and accompanying materials to ITC Systems within ten
  (10) days after termination. The terms and conditions of Sections 3,6,7,10
  and 12 of this Agreement shall survive termination.


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Copyright 2003-2025 ITC Systems.  All rights reserved unless explicitly granted herein.

