End User License Agreement
TECHNICAL ASSOCIATION OF THE PULP AND PAPER INDUSTRY
15 Technology Parkway South
Norcross, Georgia 30092
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE (“REFERENCE PRODUCT”). OPENING THIS REFERENCE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE REFERENCE PRODUCT AND YOUR MONEY WILL BE REFUNDED.
1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you paid for this Reference Product, Licensor, Technical Association of the Pulp and Paper Industry (“TAPPI”), grants to you, the Licensee, a nonexclusive, non-transferable LICENSE to use the Reference Product in accordance with the following terms:
1.1 You are licensed to use the Reference Product on one hardware system (that is, one computer and one CD-ROM player) at a time. If you want to use the Reference Product on more than one hardware system at a time or run it across a Local Area Network, you must obtain a network license from TAPPI.
1.2 You are licensed to use the Reference Product.
2. OWNERSHIP OF THE REFERENCE PRODUCT. As a Licensor, TAPPI (or its licensors, if any) owns and will retain all title, copyright, trademark, and other proprietary rights in and to the Reference Product. This LICENSE is NOT a sale of the Reference Product or any copy of it. You, the Licensee, obtain only such rights as are provided in the Agreement. You understand and agree as follows:
2.1 You may NOT make any copy of all or any part of the Reference Product except for archival copies of the computer software component of the Reference Product.
2.2 You may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or part in any other product or create derivative works based on all or any part of the Reference Product.
2.3 You may NOT remove any copyright, trademark, propriety rights, disclaimer, or warning notice included on or embedded in any part of the Reference Product. 
2.4 You may NOT sell, license, sublicense, rent or otherwise transfer the Reference Product without the written permission of TAPPI. TAPPI will not withhold permission to transfer the LICENSE as provided, as long as you permanently transfer the entire Reference Product (including all components and archival copies, if any), and the person who wished to obtain the LICENSE agrees to the terms and conditions of this Agreement.
2.5 You may NOT export or re-export the Reference Product without the appropriate United States and/or foreign government licenses.
3. TERM. The term of this LICENSE will continue until TAPPI terminates this LICENSE as provided herein. TAPPI may terminate this LICENSE if TAPPI gives written notice to you specifying any failure or default in the performance of any provisions of this LICENSE and you fail to cure said failure or default to the satisfaction of TAPPI within 30 days after such a notice. Upon the termination of this LICENSE, you will promptly return to TAPPI or destroy all copies of the Reference Product and related documentation covered by this LICENSE.
4. LICENSEE’S RESPONSIBILITIES FOR SELECTION AND USE OF THE REFERENCE PRODUCT. The Reference Product is a tool that TAPPI hopes you will find useful. HOWEVER, TAPPI DOES NOT WARRANT THAT THE REFERENCE PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, SAFETY PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE REFERENCE PRODUCT. You are responsible for the supervision, management, and control of the use of the Reference Product, including, but not limited to: (a) selection of the Reference Product to achieve your intended results; (b) determining the appropriate uses of the Reference Product in your business; (c) establishing adequate independent procedures for testing the accuracy of the Reference Product; and (d) establishing adequate backup to prevent the loss of data in the event of a Reference Product malfunction.

5. WARRANTY.
5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, TAPPI warrants that, for a period of 90 days from receipt by you, the software program CD-ROM disc(s), which form part of the Reference Product (the “Software”) will conform in all material respects to the user documentation furnished to you. TAPPI’s sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing period, or (2) to refund the license fee paid. TAPPI does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to TAPPI. Asserted errors must be documented by you to TAPPI, detailing the error, describing how to recreate the error, and including, if available, sample output.
5.2 Exceptions. TAPPI’s warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident, or exposure to environmental conditions beyond those specified by TAPPI; (b) claims resulting from acts or omissions caused by persons other than TAPPI, or (c) you use the Software that does not include all updates available from TAPPI.
5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY TAPPI WITH RESPECT TO ANY REFERENCE PRODUCT FURNISHED HEREUNDER; TAPPI MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY ARISING BY CUSTOM OR TRADE USAGE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY TAPPI’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE REFERENCE PRODUCT. TAPPI SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE REFERENCE PRODUCT.
6. LIMITATIONS ON REMEDIES. TAPPI’s liability in contract, indirect or otherwise arising out of or in connection with any Reference Product, any output of any software, or TAPPI’s sale or license agreement with you shall not exceed the license fee for the Reference Product. IN NO EVENT SHALL TAPPI BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM THE LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF ANY BUSINESS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE REFERENCE PRODUCT OR TAPPI’S PERFORMANCE OF SERVICE, EVEN IF TAPPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. U.S. GOVERNMENT RESTRICTIONS. The Reference Product, including computer software and accompanying technical date and documentation, are commercial products and were developed fully at the private expense of TAPPI or its licensors.
The right to use the Reference Product is restricted in accordance with the terms of this Agreement. No additional rights are granted to the United States government.
LEGEND – The right to use, modify, reproduce, release, perform, display, transfer or disclose this commercial product, which contains commercial computer software, technical data, and other accompanying documentation, is restricted in accordance with FAR 12.212 and DFARS 227.7202 and is further restricted by the Agreement. Contact The Technical Association of the Pulp and Paper Industry, 15 Technology Parkway South, Norcross, Georgia 30092.
8. GENERAL.
8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of Georgia, without reference to conflict of law principles.
8.2 If you have any questions about this agreement, you may write to TAPPI at the above address.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND TAPPI WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN YOU AND TAPPI RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.