Name: Digital Alternatives PC Client Software
Author: Xerox
Description

This Windows PC software version of the Xerox Digital Alternatives solution can be downloaded and customer installed. This software can be downloaded to all of your Windows PCs (both desktop and laptop) to provide access to Digital Alternatives from any of your PCs.
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End User License Agreement

XEROX CORPORATION
SOFTWARE END-USER LICENSE AGREEMENT

This software package and accompanying documentation (“Licensed Software”) are the property of Xerox Corporation (“Xerox”) and its licensors.  Please read this End-User Software License Agreement (“Agreement”) carefully before downloading, installing or using the Licensed Software.  BY DOWNLOADING, INSTALLING OR USING THE LICENSED SOFTWARE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.  If you do not agree to the terms of this Agreement, downloading, installation and use of the Licensed Software are strictly prohibited.
When used in this Agreement the term "Xerox" means Xerox Corporation, its operating companies, subsidiaries and affiliates, and "you" means the individual or legal entity acquiring the Licensed Software.
1.	License: Title to the Licensed Software and all copies shall at all times reside exclusively with Xerox and/or its licensor(s).  Subject to the terms and conditions of this Agreement, Xerox grants to you a nonexclusive, non-transferable license (i) to install the Licensed Software on a host computer or server (for the on premise version) or (ii) to access the cloud component of the Licensed Software (for the cloud version) and (iii) to install the Licensed Software on a workstation or laptop and to use the Licensed Software only for internal business purposes and only for so long as you are receiving services from Xerox or an authorized Xerox distributor or reseller.  If Licensed Software includes software developed by a third party, such third party shall be considered a third party beneficiary of your obligations under this Agreement.  
2.	Trial License.  If You download the free Trial License, then, subject to the terms and conditions set forth in this Agreement, Xerox grants to you and you accept a license for evaluation purposes only.  You are authorized to install, copy, and use and/or access the Licensed Software for the sole purpose of testing its functionality.  The term of the Trial License shall be sixty (60) days (“Trial Period”) from the date on which You download the Licensed Software.  Upon expiration of the Trial Period, the Licensed Software will cease to function.
3.	Internet Based Services. Your use of the Licensed Software may require the use of internet-based services provided, including access to the cloud.  In addition to the above, your use of such services and the cloud is subject to the terms provided to You by the cloud provider, with which You agree to comply.
4.	Collection and Use of Data.  When the Licensed Software is installed on your network, server and/or workstation or laptop, it automatically collects Usage Data and Data from your server, workstation and laptop as well as from any of the Xerox and non-Xerox print output and multi-function devices that appear on your network or are locally connected to another device on your network, if so configured.  The automatic data transmission capability will not allow Xerox to read, view or download the content of any Customer documents residing on or passing through the cloud.  “Usage Data” means the total number of registered users of the Licensed Software on your network.  “Data” may include, but is not limited to, product registration, meter read, supply level, device configuration and settings, software version, usage data and problem/fault code data.  If the Licensed Software is installed on your laptop or desktop computer, Data also includes data about your print habits, product registration information, including customer supplied name and customer supplied site name (“Your Data”).  Data may be transmitted by the Licensed Software to a local and/or remotely hosted server that processes the Data.  The automatic data transmission capability will not allow Xerox to read, view or download the content of any of your documents residing on or passing through the devices or your information management systems.  Your Data may be transmitted, stored and processed in the United States or any other country in which Xerox, its affiliated companies, authorized channel partners or subcontractors maintain facilities.  You agree that Data may be collected and used by Xerox, its affiliated companies, authorized channel partners, third party licensors and subcontractors for billing associated with account charges incurred, report generation, supplies replenishment, support services, new sales opportunities (if permitted by applicable law), ongoing and future site optimization, product improvement purposes, to identify trends and bugs, collect activation information, usage statistics and track other data related to your use of the Licensed Software.  Your Data and Usage Data will be protected by Xerox as your confidential information, however Xerox is under no obligation to retain any such Data.  You agree that Xerox may disclose Your Data and Usage Data to its affiliated companies, authorized channel partners, third party licensors and subcontractors to facilitate the use described above and who have agreed to protect the confidentiality of Your Data as set forth above.
5.	Restrictions:  Except as expressly stated in the License granted herein, you have no rights to the Licensed Software.  For example, you may not create derivative works of the Licensed Software, or attempt to decompile, disassemble or reverse-engineer the Licensed Software except as expressly permitted by governing law, and you may not rent, lease, resell, sublicense, loan, or distribute the Licensed Software by any medium.  You may not copy the Licensed Software, except that you may retain one copy of the Licensed Software for backup purposes only. Such backup copy must include and retain all confidential, proprietary, patent, copyright and/or trademark notices contained on the original.
6.	5.  Termination:   This Agreement and the License granted hereunder may be terminated by Xerox without notice if you materially breach any of the terms or conditions herein, or if you fail to promptly and fully pay Xerox any amounts due for the Licensed Software.  Upon expiration of the contract under which you receive receiving services from Xerox or an authorized Xerox distributor or reseller, the Licensed Software will cease to function.
7.	DISCLAIMER OF WARRANTY:  YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS.  XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE CAN OR WILL BE CORRECTED.  ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED.  THE WARRANTY AND CONDITION DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTIES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW.
8.	LIMITATION OF LIABILITY:  IN NO EVENT WILL XEROX OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO DATA LOSS, LOST PROFITS OR BUSINESS INTERRUPTION) IN ANY WAY ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.  IN ADDITION, XEROX'S LIABILITY TO YOU FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE PURCHASE PRICE YOU PAID FOR THE LICENSED SOFTWARE.  THE LIMITATIONS OF LIABILITY SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE XEROX’ AND ITS LICENSORS’ LIABILITY HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW.
9.	U.S. Government Restricted Rights:  The Licensed Software is provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights.  Disclosure, use or reproduction of the Licensed Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013. 
10.	Export Controls:  You agree not to use, export or re-export the Licensed Software except as authorized by law, including the export regulations of the United States.
11.	Severability: If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid.
12.	Controlling Law:  This Agreement shall be interpreted and governed according to the laws of the State of New York without reference to the conflict of laws provisions thereof.  You agree to resolve any disputes arising from or relating to this Agreement in a court of competent jurisdiction located in the State of New York, Monroe County, and agree to submit yourself to the personal jurisdiction of such courts.  Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to requiring this Agreement to be governed by the laws of your country of residence.
13.	Entire Agreement: This Agreement constitutes the entire agreement of the parties as to the subject matter thereof, and supersedes any and all prior oral and written understandings and agreements as to that subject matter. The pre-printed terms and conditions contained in any purchase order or other ordering document submitted with respect to the Licensed Software shall have no binding effect on Xerox and will not modify this Agreement in any way.  This Agreement shall only be modified by written agreement executed by authorized representatives of the parties.
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Xerox® Digital Alternatives Server (On Premise or Cloud)/PC Client 01/2016
Supported platforms

Windows 10
Windows 10 x64
Windows 8
Windows 8 x64
Windows 8.1
Windows 8.1 x64
Windows 7
Windows 7 x64
Supported languages

German
English (N. America)
English (Global)
Spanish
French
French Canadian
Italian
Japanese
Portuguese
Brazilian Portuguese
Supported products

Xerox Digital Alternatives
Xerox Digital Alternatives

Digital Alternatives PC Client Software

Description

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End User License Agreement

Supported platforms

Supported languages

Supported products

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