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Amazon Print Connect Software License Agreement

Amazon Print Connect

Amazon Print Connect

Software License Agreement

This Software License Agreement is a legal agreement (the “Agreement”) between you (the end user, as either an individual or an entity) and Amazon Services LLC (“Amazon Services”), Amazon Services Europe S.à.r.l. (“EU Services”), and Servicios Comerciales Amazon Mexico S. de R.L. de C.V. (“Mexico Services”) (Amazon Services, EU Services, and Mexico Services, together with their affiliates, collectively, “Licensor”) regarding your use of the Amazon Print Connect software code and all associated documentation (the “Licensed Code”). The Licensed Code also includes any updates, upgrades, bug fixes, patches and new versions that Licensor makes available to you in connection with the Licensed Code, unless other terms accompany any such items.

By installing or otherwise using the Licensed Code, you agree to comply with and be bound by the terms of this License. If you do not agree to the terms of this License, do not install or use the Licensed Code.

  1. License Grants. Subject to the terms and conditions of this Agreement, Licensor grants to you a worldwide, non-exclusive, royalty-free, revocable, non-sublicenseable and non-transferable license to download, reproduce, install and use the Licensed Code in object code form on one or more computer systems that are under your ownership or control or are under the ownership or control of a Licensor customer that has engaged you as its service provider.
  2. Ownership; Reservation of Rights. As between you and Licensor, Licensor and its third party providers own all right, title and interest in and to the Licensed Code. All rights not expressly granted to you in this Agreement are reserved and Licensor does not grant you, under this Agreement, any other licenses, immunity or rights, whether by implication, estoppel, or otherwise.
  3. Limitations.
    • Reproduction. You may reproduce the Licensed Code only in its entirety. You may not modify the Licensed Code in any manner, including without limitation to revise or remove any copyright, patent, trademark or other notices that are present in it. You may not reverse engineer, disassemble, or decompile (except to the extent such right cannot be excluded or limited by applicable law and then only when the express permission of Licensor has been sought and refused) the Licensed Code.
    • Use. You may use the Licensed Code only in connection with related functionality provided by Licensor.
    • Patent Claims. If you institute a patent litigation against Licensor (including any claim, cross-claim or counterclaim in a lawsuit) alleging that the Licensed Code or its use under this Agreement constitutes direct or contributory patent infringement, then your rights under this Agreement (including without limitation the grants in Section 1) will terminate as of the date such claim is filed.
    • Trademarks. This Agreement does not grant any rights to use Licensor’s names, logos, or trademarks, except as necessary to reproduce proprietary rights notices in accordance with this Agreement.
    • Third Party Software. Additional license terms will apply to certain software files contained within or distributed with the Licensed Code, as identified in Exhibit A to this Agreement (“Third Party Software”).
  4. Termination. If you violate any term of this Agreement, then your rights under it (including the grant in Section 1) will terminate immediately, with or without notice from us.
  5. Support Services. Licensor may, but is not obligated to, provide you with support services related to the Licensed Code ("Support Services"). Any supplemental software code provided to you as part of the Support Services will be considered part of the Licensed Code and subject to the terms and conditions of this Agreement unless other terms accompany such supplemental software code. If you provide suggestions, ideas, or other feedback to Licensor in connection with the Licensed Code or Support Services, Licensor will be free to exercise any and all rights in the same without restriction and without any obligation to compensate you.
  6. Disclaimer of Warranty. THE LICENSED CODE AND ANY SUPPORT SERVICES OR OTHER SERVICES PROVIDED TO YOU IN CONNECTION WITH THE LICENSED CODE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU BEAR THE RISK OF ANY EXERCISE BY YOU OF RIGHTS GRANTED BY THIS AGREEMENT. SOME JURISDICTIONS’ LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND LICENSOR DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
  7. Limitation of Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW NOTWITHSTANDING THIS PARAGRAPH, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES OR LOSSES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE LICENSED CODE OR ANY SUPPORT SERVICES OR OTHER RELATED SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, COMPUTER FAILURE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTHING IN THIS AGREEMENT WILL OPERATE TO EXCLUDE: (I) LIABILITY FOR DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE NEGLIGENCE OF EITHER PARTY, ITS EMPLOYEES, AGENTS, OR AUTHORIZED REPRESENTATIVES, (II) EITHER PARTY’S CONTRACTUAL LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR (III) ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  8. LIMITATION OF LIABILITY AND REMEDIES. If applicable law provides that Licensor incurs any liability to you for damages or losses notwithstanding the terms of Section 7, then with respect to any damages or losses that you might incur for any reason whatsoever (including, without limitation, all damages or losses referenced in Section 7), the entire liability of Licensor under this Agreement and your exclusive remedy for any and all claims, damages and losses in connection with this Agreement is limited to the greater of the amount actually paid by you for the Licensed Code or U.S.$10.00. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
  9. Applicable Law; Jurisdiction.
    • As to Amazon Services and any other affiliate of Licensor located in the United States, this Agreement will be construed and enforced in accordance with the laws of the State of Washington, United States., together with the Federal Arbitration Act and other applicable federal law, without reference to their provisions on choice of laws or the United Nations Convention on Contracts for the International Sale of Goods. Amazon Services and you consent that any dispute with Amazon Services or its affiliates or claim relating in any way to this Agreement or your use of the Licensed Code will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a state or Federal court in King County, Washington (“Governing Courts”) if your claims qualify and (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Amazon Services and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Amazon Services and you each waive any right to a jury trial, and you irrevocably waive any argument of forum non conveniens with respect to such courts. For information on how to begin an arbitration proceeding, review your Amazon Business Solutions Agreement.
    • As to EU Services, this Agreement will be construed and enforced in accordance with the laws of the Grand Duchy of Luxembourg, without reference to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree that the courts of Luxembourg City, Luxembourg will have sole and exclusive jurisdiction over, and will be the sole and exclusive venue for, any claim, action or proceeding arising out of or relating to this Agreement, and you irrevocably waive any argument of forum non conveniens with respect to such courts.
    • As to Mexico Services and any other affiliate of Licensor located in Mexico, this Agreement will be construed and enforced in accordance with the laws of the State of Washington, United States., together with the Federal Arbitration Act and other applicable federal law, without reference to their provisions on choice of laws or the United Nations Convention on Contracts for the International Sale of Goods. Mexico Services and you consent that any dispute with Mexico Services or its affiliates or claim relating in any way to this Agreement or your use of the Licensed Code will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in the Governing Courts if your claims qualify and (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Mexico Services and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Mexico Services and you each waive any right to a jury trial, and you irrevocably waive any argument of forum non conveniens with respect to such courts. For information on how to begin an arbitration proceeding, review your Amazon Business Solutions Agreement.
  10. Miscellaneous. No failure or forbearance by Licensor to insist upon or enforce performance of any of the terms of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of Licensor’s right to assert or rely on any such term, right or remedy in that or any other instance. This Agreement is the entire agreement between you and Licensor relating to the Licensed Code and Support Services and it supersedes all prior or contemporaneous oral or written communications and representations with respect to the Licensed Code, Support Services or any other subject matter covered by this Agreement. No payments are contemplated under this Agreement. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. You will not assign any part or all of this Agreement without Licensor’s prior written consent. Any attempt to assign in violation of this section is void in each instance. Licensor may assign this Agreement (or any of its rights and obligations under this Agreement): (a) to any of its affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of its assets or any similar transaction. You will perform under this Agreement as an independent contractor, and this Agreement will not be construed to create a partnership, joint venture, agency, employment, or any other relationship between Licensor and you. You will not represent yourself to be an employee, representative, or agent of Licensor. You will have no authority to enter into any agreement on Licensor’s behalf or in Licensor’s name or otherwise bind Licensor to any agreement or obligation.

Exhibit A – Third Party Software

This is a list of third-party applications accessed by Amazon Print Connect and their respective licenses.

** Apache Log4net - https://logging.apache.org/log4net/

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

  1. Definitions.

  2. "License" shall mean the terms and conditions for use, reproduction,and distribution as defined by Sections 1 through 9 of this document.

    "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

    "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition,"control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

    "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

    "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

    "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation,and conversions to other media types.

    "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

    "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

    "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

    "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

  3. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
  4. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
  5. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
    1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
    2. You must cause any modified files to carry prominent notices stating that You changed the files; and
    3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
    4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

      You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

  6. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
  7. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
  8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
  9. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
  10. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License");you may not use this file except in compliance with the License.You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

** Nancy - https://github.com/NancyFx/Nancy Copyright (c) 2010 Andreas Håkansson, Steven Robbins and contributors

** NetSparkle -https://github.com/dei79/netsparkle Copyright (c) 2010 Dirk Eisenberg

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

**RawPrint - https://github.com/tonyedgecombe/RawPrint

Copyright (c) 2014, Tony Edgecombe

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the Documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the FreeBSD Project.

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