End user agreement for PDF Power Brand
PDF POWER BRAND
END-USER LICENSE AGREEMENT
(LIMITED COMMERCIAL USE)
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ACCESSING,
DOWNLOADING AND/OR OTHERWISE USING ANY OF THE LICENSED PRODUCTS, AS HEREIN
THE USE OF THE LICENSED PRODUCTS AS WELL AS ANY UPDATES THERETO IS SUBJECT
TO THE TERMS AND CONDITIONS OF THE THIS LICENSE AGREEMENT (THE AGREEMENT).
BY OPENING THE RELEVANT SOFTWARE PACKAGE, BY SELECTING THE [AGREED AND/OR
ACCEPT] BUTTON, DOWNLOADING AND/OR OTHERWISE USING THE SOFTWARE OR ANY
PORTION THEREOF, LICENSEE (THE FIRM, COMPANY OR OTHER PERSON HAVING RECEIVED
THE LICENSED SOFTWARE PURSUANT TO AN ORDER ON THE PDF-POWER-BRAND WEB SITE OR
OTHERWISE) ARE AGREEING TO THE BOUND BY THE TERMS AND CONDITIONS OF THE
AGREEMENT AND ARE ENTERING INTO THE AGREEMENT WITH PDF-POWER-BRAND NETWORK SECURITY
AB (LICENSOR or PDF-POWER-BRAND).
As used in this Agreement, the following terms shall have the
1.1 "Designated Use" means the uses described in Section 2.3.
1.2 "Documentation" means the materials and documents relevant to the
Licensed Products and provided by PDF-POWER-BRAND
1.3 "Event of Default" means any event specified in Section 7.1.
1.4 "License" means the license to use the Licensed Products as defined
in Section 2.1.
1.5 "Licensed Products" means the software product PdfPowerBrand in object
code form only.
1.7 "Usage, Use or Used" includes the act of transferring, transmitting,
compiling, executing, interpreting, processing or storing the
Licensed Products through the use of computer equipment, or
transferring, transmitting, compiling, executing, interpreting,
processing or storing any data or information using the Licensed
Products; and/or displaying any portion of the Licensed Products or
data or information in connection with any of these activities.
2. GRANT OF LICENSE
2.1 Nonexclusive License
Subject to Licensee's compliance with the terms and conditions of
this Agreement Licensee is hereby granted a nonexclusive,
non-transferable, non assignable and royalty-free license to Use the
Licensed Products for purposes of the Designated Use; provided,
however, that this Agreement does not grant to Licensee any title or
right of ownership in or to the Licensed Products.
2.2 Right to Utilize the Documentation
Subject to the term and conditions of this Agreement, PDF-POWER-BRAND hereby
grants to Licensee, and Licensee hereby accepts from PDF-POWER-BRAND, a
nonexclusive, non-transferable, non assignable and royalty-free
right to utilize the Documentation in connection with the Designated
Use of the Licensed Products; provided, however, that this Agreement
does not grant to Licensee any title or right of ownership in or to
the Documentation. Licensee shall not copy any Documentation, but
may obtain additional copies from PDF-POWER-BRAND for the applicable charges
specified by PDF-POWER-BRAND from time to time.
The Licensed Products may be Used only for Licensee's own internal
computing requirements in accordance with the terms and conditions
set forth herein and strictly limited to the number of users as
defined here. The Licensed Products are free to use by Licensor in
any organization, commercial or non-commercial, according to this
License Agreement for up to, but not exceeding, 25 (twenty five)
distinct users. Any other use requires a Commercial License
Agreement which PDF-POWER-BRAND may grant in its sole discretion.
Licensors with a Commercial License agreement can subscribe to
Maintenance and Support services to periodically receive updated
versions of the Licensed Products, get access to support services
(web, e-mail and telephone) and receive updated versions of
the sofware application. These services are not available under this
3. TERM OF LICENSE
The License granted hereunder shall commence upon Licensee's
acceptance of the terms and conditions herein contained and shall
continue in effect unless terminated earlier pursuant hereto.
4. NO COPYING AND RESTRICTED USE
4.1 Restricted Use
Licensee shall not Use the Licensed Products or the Documentation
for any purposes other than the Designated Use specified in Section
4.2 No Copying
Licensee may make, free of charge, copies of the Licensed Products
for the Designated Use, archival or back-up purposes. Licensee shall
not make any copy of the Licensed Products for a use that PDF-POWER-BRAND
has not expressly approved under this Agreement. Licensee shall not
Use or allow the Licensed Products to be Used, directly or
indirectly, in any manner that would enable its customers or any
other person or entity to copy or Use any of the Licensed Products.
Copying or reproduction of the Licensed Products to any other server
or location or media for further reproduction or redistribution is
4.3 No Transfer of License; No Sublicense
Licensee shall not assign or transfer this License, or license or
sublicense the Use of all or any portion of the Licensed Products,
to any other party.
4.4 No Modification or Decompilation
Licensee shall not modify, disassemble, decompile, recreate or
generate any Licensed Products or any portion or version thereof
unless and to the extent permitted under applicable mandatory law.
Licensee shall not export or re-export the Licensed Products or
permit transshipment thereof, directly on indirectly, to any country
to the extent such country requires an export license or other
governmental approval, without first obtaining such license or
4.6 Proprietary Markings
Licensee shall not remove, erase or hide from view any copyright,
trademark, confidentiality notice, mark or legend appearing on any
of the Licensed Products or any form of output produced by the
5. NO WARRANTY
Because the Licensed Products are licensed free of charge, there is
no warranty for the Licensed Program, to the extent permitted by
applicable law. PDF-POWER-BRAND provides the Licensed Products “as is”
without warranty of any kind, either expressed or implied,
including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. Licensee alone
accepts the entire risk as to the quality and performance of the
Licensed Products. Should the Licensed Products prove defective,
Licensee assumes the cost of all necessary servicing, repair or
6. LIMITATION OF LIABILITY AND REMEDIES
In no event shall PDF-POWER-BRAND be liable for any loss of or damage to
revenues, profits or goodwill or other special, incidental, indirect
or consequential damages of any kind, resulting from its performance
or failure to perform pursuant to the terms of this Agreement or any
exhibits hereto, or resulting from the furnishing, performance, or
use or loss of use, loss of data or loss of any licensed products or
other materials delivered, including, without limitation, any
interruption of business, whether resulting from breach of contract
or breach of warranty, even if licensee has been advised of the
possibility of such damages.
7. DEFAULT AND TERMINATION
7.1 Termination in Advance Upon Default
This Agreement may be terminated with immediate effect upon the
occurrence of any of the following Events of Default:
The failure or neglect of Licensee to observe, keep or perform any
of the covenants, terms and conditions of this Agreement, where such
non-performance is not fully cured by Licensee within thirty (30)
days after written notice from PDF-POWER-BRAND; or
The filing of a petition for Licensee's bankruptcy, whether
voluntary or involuntary, or if an assignment of Licensee's assets
is made for the benefit of creditors, or a trustee or receiver is
appointed to take charge of the business of Licensee for any reason,
or if Licensee becomes insolvent or voluntarily or involuntarily
7.2 Obligations on Termination
Effective with the date of expiration or other termination of this
Agreement, all Usage of the Licensed Products shall terminate, and
all rights of Licensee under this Agreement shall cease,
specifically including, but without limitation, the License and all
other rights granted to Licensee under this Agreement.
7.3 No Waiver
Termination of the Agreement under this Section shall be in addition
to, and not a waiver of, any remedy at law or in equity available to
PDF-POWER-BRAND arising from Licensee's breach of this Agreement.
All notices, requests and demands given to or made upon the parties
shall be in writing and shall be mailed properly addressed, postage
prepaid, registered or a certified, or personally delivered to
either party at the addresses specified by either party, upon not
less than ten (10) days notice. Such notice shall be deemed received
by the close of business on the date shown on the certified or
registered mail receipt, or when it is actually received, whichever
8.2 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with
the laws of Sweden, without reference to its conflicts of law
provisions. The exclusive jurisdiction and venue for all legal
actions relating to this Agreement shall be in courts of competent
subject matter jurisdiction located in Sweden.
If any provision of this Agreement is held invalid or unenforceable
by any agency of competent jurisdiction, the remaining provisions
shall nevertheless remain valid.