e-PDF Converter Corporation
SITE LICENSE AGREEMENT
END USER LICENSE AGREEMENT
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
This e-PDF Converter Corporation ("e-PDF Converter") End User License
Agreement (EULA) accompanies all e-PDF Converter products and related
explanatory materials ("SOFTWARE"). The term "SOFTWARE" shall also include
any upgrades, modified versions or updates of the Software licensed to you
by e-PDF Converter. Please read this License Agreement carefully. If you are
reading this prior to electronic distribution, you will be asked to accept
this agreement and continue to install or, if you wish to decline this
agreement, in which case you will not be able to use the Software.
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
1. DEFINITIONS
SERVER - A single computer wholly owned, rented or leased by a single
individual or entity on which one or more applications load and execute
SOFTWARE in the memory space of that computer so that one or more users may
access it.
DESKTOP RUNTIME APPLICATION - A computer program that loads and executes
SOFTWARE in the space of multiple machines so that a single user per machine
may access it. This computer program can be redistributed to others within a
single organization.
SITE - A company or/and a corporation or/and an enterprise or/and an
organization.
DEVELOPMENT - The act of programming a tool or application that interacts
with SOFTWARE, A development computer is a single computer workstation run
by licensee. For the development license the total number of users is taken
into account. A purchased development license may be transferred to another
developer if no two development computers are driven concurrently under the
same license agreement.
ROYALTY FREE LICENSE - All developer products have royalty free
runtimes. This means that you may freely distribute the component with your
desktop applications.
2. GRANT OF LICENSE: Upon issuance of a valid SERIAL NUMBER (for SERVER and
VIRTUAL SERVER LICENSES) by e-PDF Converter to you, this License Agreement
grants you the following rights:
a. SOFTWARE PRODUCT: e-PDF Converter grants to you as an individual, a
non-transferable, nonexclusive license to use the SOFTWARE PRODUCT as
follows:
IF YOU PURCHASED A SITE LICENSE - Usage is restricted to a company or/and a
corporation or/and an enterprise or/and an organization. Unlimited number of
computers of/within this site including both desktops and notebooks are
allowed to install the SOFTWARE PRODUCT.
IF YOU PURCHASED A SERVER LICENSE - Usage is restricted to a single SERVER
for a single individual or entity. All SERVERS that use this product must be
licensed.
IF YOU PURCHASED A DESKTOP RUNTIME APPLICATION LICENSE - You are hereby
permitted to load and execute the SOFTWARE PRODUCT on a single computer
only. All other computers used must have a separate LICENSE. You also agree
to hold in the strictest confidentiality any and all runtime codes given to
you by e-PDF Converter to enable your application.
IF YOU PURCHASED A ROYALTY FREE LICENSE - You can integrate our product with
your application and distribute it with your own application royalty free.
NETWORK STORAGE/USE - You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install
or run the SOFTWARE PRODUCT on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate
computer on which the SOFTWARE PRODUCT is installed or run from the storage
device.
CONCURRENT USE - A license for the SOFTWARE PRODUCT may not be used
concurrently on different computers, however, this agreement does allow a
licensed user to install the SOFTWARE PRODUCT on both a work computer and a
home computer, provided the SOFTWARE PRODUCT is not in use on both machines
at the same time.
b. If you are an entity, e-PDF Converter grants you the right the same
rights as above.
c. UNTIL A VALID SERIAL NUMBER HAS BEEN ISSUED TO YOU BY e-PDF Converter,
YOU MAY ONLY USE THE SOFTWARE FOR A TRIAL PERIOD NOT TO EXCEED FIFTEEN (15)
DAYS FROM THE INITIAL INSTALLATION. YOU AGREE TO REMOVE ANY COPIES OF THE
SOFTWARE UPON EXPIRATION OF THE TRIAL PERIOD IF YOU DO NOT PURCHASE THE
SOFTWARE. YOU MAY NOT DISTRIBUTE ANY PORTION OF THE SOFTWARE, INCLUDING
THOSE PORTIONS OUTLINED UNDER "REDISTRIBUTABLE CODE" BELOW, UNTIL YOU ARE
ISSUED A VALID SERIAL NUMBER. NO LICENSE IS GRANTED UNTIL THAT TIME.
d. ELECTRONIC DOCUMENTS: Solely with respect to electronic documents
included with the SOFTWARE, you may make an unlimited number of copies
(either in hardcopy or electronic form), provided that such copies shall be
used only for internal purposes and are not republished or distributed to
any third party.
e. STORAGE/NETWORK USE: You may store or install one (1) copy of the
SOFTWARE on a storage device, such as a network server, for backup and
archival purposes only. A license for the SOFTWARE may not be shared or used
concurrently on different computers.
f. You agree not to modify the Producer or Creator fields within any PDF
documents created by SOFTWARE.
g. e-PDF Converter reserves all rights not expressly granted.
3. COPYRIGHT: The SOFTWARE is owned by e-PDF Converter and its suppliers,
and its structure, organization and code are the valuable trade secrets of
e-PDF Converter and its suppliers. The SOFTWARE is protected by United
States Copyright Law and International Treaty provisions. You may use
trademarks only insofar as required to comply with Section 1 of this License
Agreement and to identify printed output produced by the Software, in
accordance with accepted trademark practice, including identification of
trademark owner's name. Such use of any trademark does not give you any
rights of ownership in that trademark. Except as stated above, this License
Agreement does not grant you any intellectual property rights in the
Software.
4. RESTRICTIONS:
General Limitations - You may not resell, transfer, rent or lease the
SOFTWARE. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of
the Software. You may not alter or modify in any way the installer for the
Software, or create a new installer for the Software. Any such unauthorized
use shall result in immediate and automatic termination of this license and
may result in criminal and/or civil prosecution.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one
computer.
Termination - Without prejudice to any other rights, e-PDF Converter may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
Development License Restrictions - These restrictions apply to a licensee
who develops Application Software that utilizes SOFTWARE PRODUCT in a
commercially distributed application.
(i) Must purchase a license of SOFTWARE PRODUCT for each copy of the
Application Software sold;
(ii) SOFTWARE PRODUCT is not the sole or primary component of such
Application Software;
(iii) You must give proper acknowledgment of the copyright of e-PDF
Converter;
(iv) Must not be used to create a software application that competes with or
is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT;
(v) The Application Software must add significant value to the SOFTWARE
PRODUCT
All other uses that fall outside the scope of the License Agreement must
receive the written permission of e-PDF Converter
5. UPGRADES: If the SOFTWARE is labeled as an upgrade, you must be properly
licensed to use a product identified by e-PDF Converter as being eligible
for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade
replaces and/or supplements the product that formed the basis for your
eligibility for the upgrade. You may use the resulting upgraded product only
in accordance with the terms of this License Agreement. If the SOFTWARE is
an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE may be used and transferred only
as part of that single product package and may not be separated for use on
more than one computer.
6. REDISTRIBUTABLE CODE:
I. SITE LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.
II. SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.
III. DESKTOP RUNTIME APPLICATION LICENSE - No portion of SOFTWARE PRODUCTS
may be redistributed.
7. EXPORT RESTRICTIONS: You agree that neither you nor your customers intend
to or will, directly or indirectly, export or transmit (a) the SOFTWARE or
related documentation and technical data or (b) your software products as
defined under of this License Agreement (or any part thereof), or any
process or service that is the direct product of the SOFTWARE to any country
to which such export or transmission is restricted by any applicable U.S.
regulation or statute, without the prior written consent, if required, of
the e-PDF Converter of Export Administration of the U.S. Department of
Commerce, or such other governmental entity as may have jurisdiction over
such export or transmission.
8. NO WARRANTY: The SOFTWARE is being delivered to you AS IS and e-PDF
Converter makes no warranty as to its use or performance. e-PDF Converter
AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. e-PDF Converter AND ITS
SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL e-PDF Converter OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF AN e-PDF Converter REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some
states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you.
9. GOVERNING LAW AND GENERAL PROVISIONS: This License Agreement will be
governed by the laws of the State of California, U.S.A., excluding the
application of its conflicts of law rules. This License Agreement will not
be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
If any part of this License Agreement is found void and unenforceable, it
will not affect the validity of the balance of the License Agreement, which
shall remain valid and enforceable according to its terms. You agree that
the Software will not be shipped, transferred or exported into any country
or used in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations. This License
Agreement shall automatically terminate upon failure by you to comply with
its terms. This Agreement may only be modified in writing signed by an
authorized officer of e-PDF Converter.
10. U.S. government information: use, duplication, or disclosure by the U.S.
Government of the computer software and documentation in this package shall
be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.277-7013
(Oct 1988) and FAR 52.227-19 (Jun 1987).
Unpublished-rights reserved under the copyright laws of the United States. |