END USER LICENSE AGREEMENT

This End User License Agreement ("EULA") will be entered into and made effective between you and Avision Inc. ("Avision") when you click the "ACCEPT" button below and complete the installation of this software.

This EULA is applicable to the Scanner Driver and Avision Capture Tool ("Programs"), related materials and documentation, and any upgraded, updated, or modified versions of the Programs (totally as "Software"). Please be advised to read this EULA carefully. At the end, you will be asked to accept this EULA and continue to install or, if you do not wish to accept, to decline this EULA, in which case you will lose the right to use the Software. Upon your acceptance of this EULA, Avision shall grant to you a nonexclusive license to use the Software. Your installation of the Software or your failure to immediately delete the Software completely installed will also constitute your irrevocable acceptance of this EULA.

I. Rights to Use and Copy

You shall be strictly restricted to install the Software on a hard disk or other storage device (ˇ§Hardwareˇ¨) only for the purposes of (1) permanent installation and/or use of the Software or (2) making one backup copy of the Software.
You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the Hardware, provided you retain no copies, if you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, and this EULA), and the recipient agrees to the terms of this EULA.

II. Proprietary Rights

You recognize that Avision and its licensors retain all right, title, and interest in and to the Software and all patent, copyright, trade secret, trademark, intellectual property rights, and other proprietary rights pertaining to the Software, and the Software is protected by copyright law of Taiwan, R.O.C. and international treaty provisions. Except as expressly specified in this EULA, this EULA does not grant you any rights pertaining to the Software. You shall not modify, adapt, translate, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software unless an additional agreement between you and Avision allowing you to do so has been concluded in written form.

III. No Warranty

THE SOFTWARE IS BEING DELIVERED TO YOU ˇ§AS ISˇ¨ WITHOUT WARRANTY OF ANY KIND. AVISION AND ITS DISTRIBUTOR DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. AVISION AND ITS DISTRIBUTOR ALSO MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 

IV. Limitation of Liability

IN NO EVENT SHALL AVISION OR ITS DISTRIBUTOR BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS, ARISING OUT OF THIS AGREEMENT, EVEN IF ANY REPRESENTATIVE OF AVISION OR ITS DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 

V. Modification and Termination

This EULA shall automatically terminate upon your failure to comply with any of the obligations under this EULA. Upon any such termination, you shall immediately cease using the Software or destroy all copies of the Software.

VI. Export Control

You shall observe all applicable laws and regulations with respect to the export, re-export, diversion or transfer of the Software and related technical data thereof.

VII. Governing Law

This EULA shall be governed by and construed in accordance with the internal laws of Taiwan, R.O.C., without taking into account its principles on conflicts of law. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

VIII. General Provisions

If any part of this EULA is found void and unenforceable, it will not affect the validity of the other of this EULA. This EULA may only be modified in writing signed by an authorized officer of Avision.

IX. Entire Agreement 

This EULA is the complete and final agreement and understanding and supersedes all prior and contemporaneous representations, agreements, and understandings, whether oral or written, concerning the subject matter of this EULA. You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions.

