Software license agreement
Please read these Terms carefully. By using Paperbits, you’re agreeing to the Terms. This is a legally binding agreement between you and us. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SOFTWARE.
Paperbits (“Paperbits” or the “Software”) is a drag-and-drop content builder for web applications. Paperbits allows developers to create products that enable users (with no technical skills or experience) to create their own original content and forms, such as web pages, input forms, and email templates.
You have the limited, nonexclusive right to download and use the Software, all in accordance herewith and with such instructions and documentation as we may otherwise promulgate from time to time. In order to use Paperbits, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up-to-date contact information.
By using Paperbits, you represent and warrant that you meet all the requirements listed above, and that you won't use Paperbits in a way that violates any laws or regulations.
License fees for your usage of the Software are charged on a one-time flat fee basis, which is non-refundable. In addition to the license fee, you may also be charged sales taxes, if applicable. If you sign up for Paperbits on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Our License To You
Paperbits consists of two modules: 1) Paperbits forms; and 2) Paperbits emails (collectively, “Paperbits”). Some of the software incorporated in Paperbits may be offered under an open source license, and the provisions of the open source license shall govern your usage of that software.
We retain all of our applicable proprietary rights in Paperbits, including, without limitation, all intellectual property rights. Subject to your ongoing compliance with these Terms, we grant to you a perpetual, non-exclusive, and non-transferable license to use Paperbits to test, develop, demonstrate, and support your application, according to the relevant parameters as set forth below.
Developer License – A Developer License grants you the rights to use Paperbits solely within your organization for purposes of developing and demonstrating a single application. This license does not permit any usage of Paperbits outside of your organization, nor any distribution or installation of Paperbits as an integral part of any product or service for your customers.
Single App License – A Single App License grants you the rights to use Paperbits as an integral part of a single application. This license does not allow for the installation or distribution of Paperbits as an integral part of any product or service for your customers.
Multiple Apps License – A Multiple Apps License grants you the rights to use Paperbits as an integral part of an unlimited number of applications for your customers.
SaaS / OEM License – An Saas / OEM License grants you the rights to use Paperbits as an integral part of a service provided in a hosted environment, or as an integral part of an application intended for direct distribution to customers.
4. Proprietary Rights Owned by You
You retain ownership of your application, website, or service (as applicable), subject to our underlying rights in the Software.
6. Representations and Warranties
You represent, warrant and convent that:
All information provided to us is true, accurate, and complete;
You have the full right, power, and authority to agree to these Terms;
You will not attempt to access the Software by any means other than as provided by us; and
Your use of the Software will comply with all applicable laws and regulations.
If we believe, in our sole discretion, that you have violated these Terms, your license to use Paperbits may be temporarily or permanently revoked.
7. Reporting Violations
If you become aware that anyone is violating any of these Terms, please notify us immediately.
8. Limitation of Liability
IN NO EVENT SHALL WE, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE PERFORMANCE OR USE OF THE SOFTWARE EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OF LIABILITY IN EXCESS OF THE FEE PAID BY YOU.
9. Limited Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SOFTWARE “AS IS” AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, YOU ASSUME ALL RISKS WHEN USING THE SOFTWARE.
WE DO NOT WARRANT THAT: (A) OUR SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) OUR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR IN CONNECTION WITH YOUR USAGE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SOFTWARE.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password behaved in a way that, if true, would violate any of these Terms.
11. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we shall be entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.
12. Equitable Relief
If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
14. Choice of Law
The State of Washington’s laws, without regard to conflict of laws rules, will apply to any dispute related to these Terms or the Software. Any dispute related to the Terms or the Software will be decided by the state and federal courts located in King County, Washington, and each party will be subject to the jurisdiction of those courts.
15. Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Software, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if these Terms are terminated, the following sections will continue to apply: Representations and Warranties, Limitation of Liability, Limited Warranties, Indemnity, Choice of Law, Severability, Interpretation, Entire Agreement and Amendments, and Confidentiality.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way these Terms are interpreted.
19. Modifications and Waiver
The Software is continually evolving as we refine and update features according to the needs of our users. We will use our best efforts to inform you of any modifications with reasonable notice so that you can adjust your usage of Paperbits. However, you acknowledge that we are under no obligation to do so.
20. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
While we cannot guarantee that the Software will be error-free, we will use best efforts to address and resolve errors or bugs in the Software as quickly as possible. We may also issue software updates from time to time, in our sole discretion.
Any notice to you will be effective when we send it to the last email or physical address you provided to us. Any notice to us will be effective when delivered to us at email@example.com
23. Entire Agreement and Amendments
These Terms embody the entire agreement and understanding of the parties, and supersede all prior agreements, representations, and understandings between us. We may modify these terms from time to time, and we’ll post the latest version on our website.
Confidential Information means non-public business or technical information, such as software, specifications, or other non-public information related to the Software that is marked or otherwise identified as proprietary and/or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be confidential. You agree that you will only use Confidential Information as allowed herein and you will not disclose or otherwise make available any Confidential Information to any person or entity, except to your affiliates, employees, clients, or agents strictly on a “need to know” basis and who have also agreed in writing to keep the information confidential. You agree to exercise a reasonable degree of care in protecting any Confidential Information from disclosure.
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