NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This activePDF, Inc. ("ACTIVEPDF") End User License Agreement ("EULA") accompanies all activePDF 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 ACTIVEPDF. Please read this EULA 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
a. INSTANCE – A loaded operating system running either on a physical computer or within a virtual environment. Each virtual environment on a physical computer is deemed an instance.
b. CORE – The representation to the INSTANCE of a logical processor as determined by the operating system in use in the INSTANCE.
c. SOCKET – A physical processor installed on a physical computer.
d. PRODUCTION USE – Execution of the SOFTWARE for the purposes of running day to day business operations.
e. NON-PRODUCTION USE – Execution of the SOFTWARE for excluding PRODUCTION USE purposes including development, testing, demonstration and emergency recovery.
f. PERPETUAL LICENSE – A license, as granted under this EULA, that extends into perpetuity.
g. RENEWABLE LICENSE – A license, as granted under this EULA, that is time limited and upon expiration or non-renewal is revoked.
h. EVALUATION LICENSE – A license, as granted under this EULA, that is time limited and, if not extended, upon expiration is revoked.
i. EMERGENCY RECOVERY – Execution of the SOFTWARE for the purposes of replacing PRODUCTION USE license in the case of unrecoverable disaster.
j. SEPARATE AGREEMENT – Any other agreement entered into between ACTIVEPDF and you that removes from, adds to or replaces this EULA.
k. LICENSEE – The individual or, if an entity, the entity accepting this agreement.
2. EVALUATION LICENSE
If you have not purchased a license from ACTIVEPDF (or duly authorized distributor), you are hereby granted an EVALUATION LICENSE to use the SOFTWARE on a single INSTANCE for a period of 15 days. ACTIVEPDF reserves the right to extend the evaluation period but under no circumstances are you to use the SOFTWARE beyond the initial or extended period. You hereby agree and understand that the SOFTWARE may be limited in functionality, output may be watermarked or other measures, if any, as ACTIVEPDF sees fit. ACTIVEPDF is under no obligation to provide support and all warranty on the SOFTWARE is “AS-IS”.
3. GRANT OF LICENSE
ACTIVEPDF grants to you as LICENSEE the following rights, with exceptions and clarifications as noted elsewhere in this EULA:
a. PERPETUAL LICENSE – If you have purchased a PERPETUAL LICENSE from ACTIVEPDF (or duly authorized distributer), you are hereby granted a non-transferable, nonexclusive license to use the SOFTWARE on the number of INSTANCES you purchased into perpetuity.
i. If you purchased a PERPETUAL LICENSE limited to a CORE count, the use of the SOFTWARE is further limited to each INSTANCE where the number of CORES available to the INSTANCE do not exceed the CORE count you purchased, unless you purchased the maximum CORE count available, in which case you may run the software on each INSTANCE with unlimited CORES. You may not spread the CORE count across multiple INSTANCES.
ii. If you purchased a PERPETUAL LICENSE limited to a SOCKET count, the use of the SOFTWARE is further limited to each INSTANCE where the number of SOCKETS available to the INSTANCE do not exceed the SOCKET count you purchased, unless you purchased the maximum SOCKET count available, in which case you may run the software on each INSTANCE with unlimited SOCKET. You may not spread SOCKET count across multiple INSTANCES.
b. RENEWABLE LICENSE – If you have purchased a RENEWABLE LICENSE from ACTIVEPDF (or duly authorized distributer), you are hereby granted a non-transferable, nonexclusive license to use the SOFTWARE on the number of INSTANCES you purchased for NON-PRODUCTION USE ONLY. Upon non-renewal and subsequent expiration of the RENEWABLE LICENSE you hereby agree to uninstall and destroy all copies of the SOFTWARE. Continued use of the SOFTWARE beyond the expiration date will be deemed a voluntary conversion to a PERPETUAL LICENSE, which you hereby agree to purchase from ACTIVEPDF.
c. 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.
d. 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.
e. You agree not to modify the Producer or Creator fields within any PDF documents created by SOFTWARE.
f. ACTIVEPDF reserves all rights not expressly granted.
4. COPYRIGHT.
The SOFTWARE is owned by ACTIVEPDF and its suppliers, and its structure, organization and code are the valuable trade secrets of ACTIVEPDF 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 3 of this EULA 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 EULA does not grant you any intellectual property rights in the Software.
5. RESTRICTIONS.
a. You may not resell, transfer, rent or lease the SOFTWARE.
b. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
c. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software.
d. You agree to hold in the strictest confidentiality any and all code given to you by ACTIVEPDF to enable your application.
e. Under no circumstances is the SOFTWARE licensed under a RENEWABLE LICENSE to be used for PRODUCTION USE with the following exception: A RENEWABLE LICENSE used for EMERGENCY RECOVERY may be automatically converted to a PERPETUAL LICENSE for PRODUCTION USE if the INSTANCE with the PERPETUAL LICENSE becomes unavailable.
f. Under no circumstances is the SOFTWARE to be used as a pay-per-use service.
g. You agree to not use the SOFTWARE to violate any individual’s or entity’s copyright protection with unauthorized access to that individual’s or entity’s content and indemnify and hold harmless ACTIVEPDF from any such activity even if such violation is unintentional.
6. UPGRADES.
If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by ACTIVEPDF 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 EULA. 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. Development licenses are not eligible for upgrades or other rights granted to products purchased with subscription.
7. REDISTRIBUTABLE CODE
No portion of the SOFTWARE may be redistributed or embedded into a redistributed application unless a SEPARATE AGREEMENT granting those rights is agreed to.
8. 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 EULA (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 Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
9. NO WARRANTY
The SOFTWARE is being delivered to you AS IS and ACTIVEPDF makes no warranty as to its use or performance. ACTIVEPDF AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ACTIVEPDF 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 ACTIVEPDF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ACTIVEPDF 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.
10. GENERAL PROVISIONS
a. Entire Agreement. This EULA sets forth ACTIVEPDF’s entire liability and your exclusive remedy with respect to the SOFTWARE and supersedes the terms of any purchase orders and any other communications or advertising with respect to the SOFTWARE. You acknowledge that this EULA is a complete statement of the agreement between you and ACTIVEPDF with respect to the SOFTWARE, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
b. Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
c. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
d. Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
e. Governing Law. This EULA will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This EULA 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 EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, 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 EULA 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 ACTIVEPDF.
11. Notice to Government End Users
If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in this EULA.
Unpublished-rights reserved under the copyright laws of the United States. activePDF, Inc., a California Corporation, 27405 Puerta Real, Suite 100, Mission Viejo, California 92691.
Effective 3/2/2010
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