eSigner Express Trial Use Agreement
These terms (“Agreement”) between you (“you”, “your” or “user(s)”), a user of the eSigner software, and Esigner, LLC (“Company”), the owner of the eSigner software (the “Software”). Throughout this Agreement, the words “Company,” “us,” “we,” and “our,” refer to Esigner, LLC, as is appropriate in the context of the use of the words.
User Information and Accounts
Access and License Grant to You
Company grants you a limited, revocable, non-exclusive, non-transferable license to use the Software solely for your personal or internal business use during a 30-day trial period starting on the day you download the Software. Except as expressly permitted under this Agreement or by applicable law, You shall not: (i) reverse engineer, decompile, disassemble or separate for use on more than one computer, place for distribution, sale, or resale as individual creations by You, the Software and/or its constituent parts; (ii) alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form; (iii) rent, lease, or sub-license the Software; (iv) unless otherwise expressly agreed in a separate written agreement between You and the Company (a) use, or permit the use of the Software on a timeshare or service bureau basis, (b) host, on a subscription basis or otherwise, the Software to permit a third party to use the Software for any reason; (c) create derivative works based upon the Software; or (v) publish or share any views or data about the performance of any Software, including any comparison and/or benchmarking against other software products.
The Service is not designed to collect or store personal data for more than the short time necessary to sign the document and make it available for the User to download. You retain all ownership and intellectual property rights in and to your data you input on the Software. Company or its licensors retain all ownership and intellectual property rights to the Software. Company retains all ownership and intellectual property rights to anything developed and delivered under the Agreement. All rights not explicitly granted are reserved for Company. If you breach any of our usage guidelines, as stated below, we may revoke your license or your access to use our Software at our discretion. Additionally, we may revoke your license or restrict your access to our Software if we believe that your actions may harm us, our business interests, or any of our users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct or a waiver of our right to revoke at a subsequent point in time for any of your prior or new actions constituting breach.
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Software, including the de-indexing or de-caching of any portion of our Software from a third party’s website, such as by requesting its removal from a search engine. User shall, at its own expense, comply with all laws, rules and regulations, and assume all liabilities and obligations imposed by such laws, rules and regulations, with respect to the User’s use of the Software.
Company implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information during processing and all user content (“User Content”). Those safeguards used or based on industry standards. Aside from such industry standard safeguards, Company can make no guarantees regarding any Software security, or any User Content secured.
THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE SOFTWARE; (2) ANY INFORMATION PROVIDED VIA THE SOFTWARE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA THE SOFTWARE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SATISFACTORY QUALITY, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR THE SERVER THAT MAKES THE SOFTWARE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SOFTWARE IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE SOFTWARE OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE SOFTWARE, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS.