End user agreement for PDFTechLib .NET PDF Library
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (hereinafter, the "LICENSE") is a legal agreement between you (either an individual or a single entity) and PDF Technologies, Inc. ("PDF Technologies”) for PDFTechLib (hereinafter, the “Software”) containing this LICENSE which has been obtained through PDF Technologies, Inc. or its authorized distributor.
I. LICENSE, TITLE & COPYRIGHT: The “Software” licensed under this Agreement is the sole property of PDF Technologies, Inc., the Licensor ("PDF Technologies, Inc."). Title and ownership rights are not transferred to Licensee under this Agreement and Licensee herby agrees not to resell trade or otherwise make the Software available to any other person, persons or company except as stated in section II of this agreement. All title and copyrights in and to the “Software” are owned by PDF TECHNOLOGIES, INC. The “Software” is protected by United States copyright laws and international treaty provisions. All rights are reserved worldwide. You may make one copy of the SOFTWARE solely for backup or archival purposes. Licensee may not transfer or assign this license to another party without the express prior written permission of PDF Technologies, Inc.
II. PERMITED USAGE: The “Software” is licensed per developer. One license can be used on multiple computers as long as the same developer uses it. A licensed copy may not be used concurrently or shared by other developers.
The Software may be distributed “Royalty Free” with your final product (in desktop and server-side applications). The Software may NOT be distributed for use in development.
Please refer to section VIII of this agreement for restrictions on use.
III. MODIFICATION: This Agreement cannot be modified, except by a written document signed by an officer each of PDF Technologies, Inc. and the Licensee. If any provision of this Agreement shall be declared invalid or unenforceable, the remainder shall not be affected.
IV. TERMINATION: Notwithstanding anything to the contrary elsewhere in this Agreement, PDF Technologies, Inc., by written notice to Licensee, may terminate (or in PDF Technologies, Inc.'s sole discretion, temporarily suspend) the License Term upon the occurrence of any of the following: (a) Licensee terminates or suspends doing business. (b) Licensee breaches or fails to perform any other material term or provision of this Agreement and has not cured such breach or failure within thirty (30) days of receiving written notice from PDF Technologies, Inc. specifying the breach or failure.
V. LICENSEE OBLIGATIONS ON TERMINATION: Upon any termination of the License Term, Licensee shall immediately: (a) cease using the Software, (b) return all copies (including archive) of software if termination is due to breach of material terms (c) comply with any other post-termination provisions applicable to Licensee in this Agreement or otherwise communicated to Licensee in writing, and (d) furnish PDF Technologies, Inc., if PDF Technologies, Inc. so requests, with written certification, executed by an executive officer of Licensee, that Licensee has complied fully with the terms and conditions of subsections (a) , (b) and (c) of this Section V.
VI. NON-DISCLOSURE: The Licensee shall take all steps necessary to keep the Software in a secure place, to safeguard it from theft or disclosure to third parties and to ensure that Software Licensed including the documentation associated therewith under this agreement is not made available in any form to any person, persons or company not licensed by this Agreement. The Licensee further warrants that all individuals having access to the Software under this Agreement shall observe this Non-disclosure covenant. In particular, the Licensee recognizes the proprietary nature of the Software and agrees to make no copies, with the exception of normal backup requirements, of the Software or any of its components by any means or for any purpose whatsoever, except as expressly stated in this License Agreement, without prior written approval of PDF Technologies, Inc. PDF Technologies, Inc. may from time to time take all reasonable steps to review Licensee's continuing compliance with the provisions of this paragraph VI, to protect the rights of PDF Technologies, Inc. The Licensee agrees, upon request by PDF Technologies, Inc., to confirm to PDF Technologies, Inc. in writing the compliance by Licensee with its obligation hereunder and to permit any other reasonable investigation by PDF Technologies, Inc. Licensee's obligation under this paragraph VI shall survive the termination of this License Agreement.
VII. LIMITATIONS ON EQUIPMENT AND LOCATION: Licensee may use the Software only on the hardware configuration on which Licensee has purchased an appropriate license and only in compliance with operating and environmental conditions specified in any documentation associated with the Software only at Licensee's facilities at the location set forth, and only in conjunction with licensed named users and other limitations set forth, however, that Licensee may use the Software on backup equipment when the original equipment is temporarily inoperable, until operable status is restored and processing on the backup equipment is completed.
VIII. OTHER RESTRICTIONS ON USE: Licensee shall not copy or reproduce all or any part of the “Software” for any purpose. Licensee shall not (and shall not attempt to) sell, lease, license, sublicense, give, share, communicate, or otherwise convey the Software to any person or entity except under the Royalty Free license distribution scenario described in section II. Licensee shall not use the Software to provide PDF generation services or other similar services to others. Licensee acknowledges that no provision of this Agreement or any other agreement grants Licensee any rights with respect to the source code (human readable) format of the Software. Licensee shall not (and shall not attempt to) prepare derivative works of, reverse engineer, de-compile or disassemble any component of the Software. Licensee may not remove any copyright notices embedded in the software under any circumstances. Except with PDF Technologies, Inc.'s express prior, written consent, Licensee's rights to use the Software shall not extend to any subsidiary, parent company or affiliate of Licensee.
IX. MAINTENANCE, SUPPORT AND OTHER SERVICES: This agreement does not entitle you to any maintenance or new versions of the “Software”. Such new versions must be purchased and licensed separately at the then published prices of PDF Technologies, Inc. Maintenance is provided optionally under the terms described in Software Maintenance Terms and Conditions document, executed separately between PDF Technologies, Inc. and Licensee.
X. WARRANTY: PDF TECHNOLOGIES, INC. DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE SELECTION, POSSESSION, PERFORMANCE AND PROPER INSTALLATION AND USE OF THE SOFTWARE AND FOR VERIFYING THE RESULTS OBTAINED THEREFROM.
XI. LIMITATION OF LIABILITY: THE LIABILITY OF PDF TECHNOLOGIES, INC., ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS OR ASSIGNS FOR DAMAGES, WHETHER FOR BREACH OF THIS AGREEMENT OR OTHERWISE SHALL NOT EXCEED THE AGGREGATE AMOUNT OF LICENSE FEES PAID BY LICENSEE THROUGH THE DATE THAT ANY SUCH LIABILITY IS ASSESSED, WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT OR OTHER CLAIMS. PDF TECHNOLOGIES, INC. IS NOT AN INSURER AND ITS PRICING REFLECTS THE ASSUMPTION OF NO RISK BY PDF TECHNOLOGIES, INC. FOR ANY DAMAGES SUSTAINED BY LICENSEE ARISING OUT OF LICENSEE'S USE OF THE SOFTWARE OR EQUIPMENT, AND PDF TECHNOLOGIES, INC. SPECIFICALLY DISCLAIMS ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHICH MAY ARISE FROM THIS AGREEMENT OR THE POSSESSION OR USE OF ALL OR ANY PORTION OF THE SOFTWARE OR EQUIPMENT BY LICENSEE.
XII. WAIVER: A Party's waiver of the other Party's noncompliance with any provision of this Agreement shall not constitute a waiver of any prior or subsequent noncompliance by the other Party of that provision or a noncompliance by the other Party of any other provision of this Agreement. A Party's single or partial exercise of any right, remedy, privilege, or power provided for under or pursuant to this Agreement by either Party preclude or limit such Party from any other or further exercise thereof or from pursuing any other right, remedy, privilege, or power available pursuant to this Agreement, at law or in equity.
XIII. U.S. GOVERNMENT RESTRICTED RIGHTS: If this license is acquired under a U.S. Government contract, use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. PDF Technologies, Inc. reserves all unpublished rights under the United States copyright laws.
XIV. VENUE: This agreement shall be governed by the laws of TURKEY and constitute the entire understanding between the Licensee and PDF Technologies, Inc.