Download Agreement

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING SAMPLE SOFTWARE FROM THE Pitney Bowes Software CODE EXCHANGE. BY CLICKING “I AGREE” BELOW AND DOWNLOADING THE SAMPLE SOFTWARE, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PITNEY BOWES SOFTWARE IS NOT WILLING TO LICENSE THE SAMPLE SOFTWARE TO YOU.

1. License
   1. 
      In this license agreement (“License Agreement”), you, the recipient of the license rights granted by this Agreement, are referred to as "Licensee" or "You." Pitney Bowes Software Inc. (“Licensor”) grants Licensee a perpetual, nonexclusive, non-transferable, royalty-free license to use the sample software and any related documentation downloaded from Licensor’s Code Exchange (“Licensed Product”). You may use, copy, modify and create derivative works of the Licensed Product, incorporate such derivative works within your products and redistribute such derivative works incorporated into your products to your customers, provided you do so under license terms as restrictive as those in this License Agreement.
   2. All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor or Licensor’s third party providers. Licensee shall not transfer or distribute the Licensed Product to others, except as permitted herein. Licensee shall ensure that any copyright and other proprietary notices contained in the Licensed Product are reproduced and included on any copies.
2. Term. This License Agreement is effective until terminated. Licensee may terminate this License Agreement by returning the Licensed Product to Licensor. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions. Upon termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
3. Disclaimer of Warranties. THE LICENSED PRODUCT IS PROVIDED “AS IS.” LICENSOR DISCLAIMS ALL WARRANTIES RELATING TO THE LICENSED PRODUCT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Limitation of Liability. LICENSOR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
5. General. Any software provided to Licensee by Licensor shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Licensee may not assign or transfer any of the rights, duties or obligations hereunder. This Agreement shall be governed by and interpreted under the laws of the State of New York without regard to conflicts of law provisions. This Agreement constitutes the entire and only agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements and the terms in any purchase order or other document provided by Licensee. This Agreement may be modified only in a writing signed by the parties. Either party’s failure to enforce any provision of this Agreement will not constitute a waiver of the provision or of the party’s right to enforce the provision. If any provision of this Agreement is held invalid or unenforceable, the provision in question will apply with the modification necessary to make it valid and enforceable.  If Licensee is the United States Government, the Licensed Products are provided with restricted rights. Use, duplication or disclosure by the United States is subject to restrictions as set forth in this Agreement, pursuant to DFARS 227.7202-3(a) (1995), or subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988) or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.