End user agreement for PDF ShapingUp Advanced
END-USER LICENSE AGREEMENT FOR "PDF ShapingUp"
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM.
Aplixio's End-User License Agreement ("EULA") is a legal agreement between you the end user (either as an individual or an entity) and Aplixio. The software "PDF ShapingUp" and any of its associated software components, media, printed materials, and "online" or electronic documentation are herein after referred to as the "SOFTWARE PRODUCT".
By installing, copying or otherwise using the SOFTWARE PRODUCT, you indicate your complete and unconditional acceptance of these terms and conditions. This license agreement represents the entire agreement concerning the program between you and Aplixio (referred to as "licenser") and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms and conditions of this agreement promptly remove the SOFTWARE PRODUCT from your computer.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
As part of our service, Aplixio agrees to provide freely downloadable evaluation versions of the SOFTWARE PRODUCT. Aplixio agrees to provide this service free of charge. You agree to use the service in accordance with the terms and conditions of this EULA. Aplixio may amend or modify this license agreement at any time. Information contained in the SOFTWARE PRODUCT is subject to change without notice and does not represent a commitment or contracted obligation on the part of Aplixio.
2. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Aplixio grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows 98, Windows ME, Windows NT, Windows 2000, Windows 2003, Windows XP, Windows Vista, Windows 2008, Windows 7].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Aplixio's websites may be freely distributed.
(c) Limitations of use
You are expressly forbidden from making alterations or modifications, to merge, adapt, decompile, disassemble, reverse engineer or attempt to discover the source code without the expressed written permission from Aplixio.
You may not rent, lease or lend the SOFTWARE PRODUCT. This license agreement (including the SOFTWARE PRODUCT) is not transferable.
(e) Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(f) Bugs or program errors
Aplixio cannot promise the SOFTWARE PRODUCT will be free of bugs or program errors, but if you report a program error or bug to Aplixio, we will do our best to correct it.
4. TYPE OF LICENSE
(a) Evaluation license
This SOFTWARE PRODUCT is distributed as shareware. Aplixio grants to you non-exclusive rights to use a copy of this SOFTWARE PRODUCT provided with this EULA for an evaluation period of thirty (30) days, from the date you run the SOFTWARE PRODUCT for the first time, to determine whether the SOFTWARE PRODUCT fits your business needs, works on your computer and provides the benefits for which you will purchase the SOFTWARE PRODUCT license. The evaluation version of the SOFTWARE PRODUCT adds a watermark on the outputs. You agree that if you do not utilize this evaluation period, that is provided at no charge, you voluntarily discharge Aplixio from the obligation to provide such an evaluation period. The SOFTWARE PRODUCT may be converted into a registered version at any time, before or after the expiration of the evaluation period just by purchasing a commercial license from Aplixio and sending your unique material identifier to Aplixio. If you do not wish it, remove all copies of the SOFTWARE PRODUCT in your possession.
(b) Commercial license
After you purchase a commercial license from Aplixio for this SOFTWARE PRODUCT, Aplixio grants to you a personal, non-transferable and non-exclusive rights to install and use a copy of this SOFTWARE PRODUCT (registering it with the obtained perpetual and unique license key) as well as a free period of subscription (support and minor/major updates). Limitations of the evaluation version are removed after registration.
5. SUPPORT AND UPDATES
Product support and minor/major updates for the SOFTWARE PRODUCT are provided by Aplixio during your evaluation or a valid subscription period. Any supplemental software code provided to you as part of the support services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. For product support, please contact Aplixio. Should you have any questions concerning this, please refer to the address provided in the documentation.
Without prejudice to any other rights, Aplixio 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 in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Aplixio or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Aplixio.
8. NO WARRANTIES
Aplixio expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Aplixio does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Aplixio makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Aplixio further expressly disclaims any warranty or representation to Authorized Users or to any third party. You assume the entire risk as to the accuracy and the use of the SOFTWARE PRODUCT and all other risk arising out of the use or performance of this SOFTWARE PRODUCT and documentation.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Aplixio be liable for any damages (including, without limitation, lost profits, business interruption or lost information) rising out of "Authorized Users" use of or inability to use the SOFTWARE PRODUCT, even if Aplixio has been advised of the possibility of such damages. In no event will Aplixio be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Aplixio shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Aplixio's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE PRODUCT, if any.
(USA only). Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
(c) 2010..2015 Aplixio