GENERAL LICENSE AGREEMENT FOR VERYPDF PRODUCTS
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This VeryPDF, Inc. ("VeryPDF") General License Agreement accompanies all VeryPDF 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 VeryPDF. 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.
2. GRANT OF LICENSE:
2.1. SOFTWARE PRODUCT : VERYPDF grants to you as an individual, a non-transferable, nonexclusive license to use the SOFTWARE PRODUCT as follows:
- IF YOU PURCHASED A SERVER LICENSE - Production usage is restricted to a single SERVER for a single individual or entity. All production SERVERS that use this product must be licensed. You may install and use the product on additional computers (server or workstation) for development and back-up purposes.
- IF YOU PURCHASED AN END-USER APPLICATION (OR DESKTOP 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 VERYPDF to enable your application.
- IF YOU PURCHASED A DEVELOPMENT LICENSE OR A DEVELOPER BUNDLE. (SALES AND GRANT OF DEVELOPER LICENSES ARE AT VeryPDF'S DISCRETION AND ALWAYS REQUIRE THE PURCHASE OR EXISTENCE OF VALID PRODUCTION LICENSES) You are hereby granted the right for development use only for the license or licenses purchased as development licenses. 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. You also agree to hold in the strictest confidentiality any and all code given to you by VeryPDF to enable your application.
- 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.
- PRODUCT DISTRIBUTION FOR DEVELOPMENT LICENSE
LICENSEE is responsible for any and all use of the LICENSED SOFTWARE, whether the use is by LICENSEE or END-USER, and LICENSEE is responsible for ensuring the enforcement of all terms of this Agreement.
- GENERAL TERMS
1. No other use of the LICENSED SOFTWARE is permitted.
2. The LICENSED SOFTWARE shall only be used by authorized users employed by or associated with the LICENSEE, and those employed by or associated with the LICENSEE's END-USER, as permitted by the LICENSEE.
3. The license fee for the LICENSED SOFTWARE permits the distribution of a specified number of copies of the LICENSED SOFTWARE for LICENSEES own internal use, and use by the LICENSEE's END-USER, and expressly forbids the LICENSEE to sell or otherwise permit use of the LICENSED SOFTWARE by any other party.
4. The maximum number of copies that LICENSEE may distribute is determined by the number of license purchased as specified in the license fee bill or a separate document.
5. LICENSED SOFTWARE is limited to a specific operating system type (e.g. Windows 32 bit systems/Intel, Mac OS/X, Intel/Linux, Free BSD, Sun Solaris, IBM AIX, HP-UX) as specified in the license fee bill or a separate document.
2.2. If you are an entity, VERYPDF grants you the right the same rights as above.
2.3. 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.
2.4. 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.
2.5. You agree not to modify the Producer or Creator fields within any PDF documents created by SOFTWARE.
2.6. VERYPDF reserves all rights not expressly granted.
3. COPYRIGHT: The SOFTWARE is owned by VERYPDF and its suppliers, and its structure, organization and code are the valuable trade secrets of VERYPDF 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.
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, VeryPDF Inc may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
EVALUATION LICENSE: An EVALUATION LICENSE allows evaluating the LICENSED SOFTWARE to determine if the LICENSED SOFTWARE meets the LICENSEE'S requirements. An EVALUATION LICENSE may not be used for production.
END USER LICENSE: An End User License allows deploying the LICENSED SOFTWARE to one (1) COMPUTER. It does not include the right for access by concurrent users. Examples of End User computers are desktop computers and laptops that run Windows 98, Windows NT Workstation, Windows 2000 Workstation or Windows XP operating systems.
Development License Restrictions - These restrictions apply to a licensee who develops Application Software that utilizes SOFTWARE PRODUCT in a commercially distributed application.
(i) Server License: It can be easily called from VC/VB/Delphi/ASP/PHP/.NET and other languages/scripts. With Server license, LICENSEE can integrate VeryPDF's product into their web solution easily. Server License is licensed per server, LICENSEE will need to purchase a license for each server that they wish to run Server License on.
A SERVER LICENSE allows deploying the LICENSED SOFTWARE to one (1) SERVER or a server cluster at one physical location. The CONCURRENT USER LIMIT (the maximum number of users that may access the LICENSED SOFTWARE concurrently) is identified in the license fee bill or a separate document.
Licensee is granted the non-transferable, non-exclusive, and perpetual right to use the program on a fixed number of production servers. A production server is a single computer run by licensee (e.g., a Web server). For the server license the total number of machines is taken into account, while the number of users accessing the server is irrelevant. The total number of CPU's is also irrelevant (e.g., two dual-processor machines plus a single-processor machine results in a total machine count of three). A purchased server license may be transferred to another server if no two servers are driven concurrently under the same license agreement.
Developer License (Royalty Free Runtime Desktop Distribution): "Desktop" is defined as an "end-user" personal computer (PC) that may have Applications installed that directly, or indirectly, utilize the Software. A single Developer License provides for unlimited distribution of Applications utilizing the Software onto Desktop environments.
A Developer License is required when the LICENSED SOFTWARE is incorporated into a software product that is used outside of LICENSEE's company, e.g. when the software product is sold or distributed to customers of LICENSEE. With developer license, LICENSEE can integrate VeryPDF's product with their application and distribute it with their own application to "end-users" royalty free. In this instance LICENSEE can include the LICENSED SOFTWARE within the installer used for their own application and this right takes precedence over the installer restrictions stated in 2.1 III and Section 4 - General Limitations.
Licensee is granted the non-transferable, non-exclusive, and perpetual right to use the program in products developed, marketed, and distributed by licensee, and distribute the program to third parties as an integral part of such products. Licensee agrees that he will distribute the program to third parties only integrated or in conjunction with hardware or software products that make use of the program ("authorized products"). Such authorized products must add substantial functionality to the program, authorized products are Desktop applications, but not programming interface for Developers. Products which in essence mimic the program's programming interface (or a subset thereof) are not permitted under any license.
Developer License is licensed by per developer, "Developer" is defined as an individual engaged in the development of a software application (the "Application"). Use of the Software requires one license per developer. Licenses are non-transferable between developers. For example, if a company has two developers that will use the Software, said company requires two developer licenses. This is the case even if the developers will not be working with the Software at the same time. This is also the case if a project involving the use of the Software is transferred from the original developer to a new developer and if the original developer returns within a one-year period.
(ii). No Application Programming Interfaces. This Agreement does not allow for exposing of the application programming interface (API) functionality to non-licensed users. LICENSEE may not create a dynamic link library (DLL), Command Line application, COM interface or ActiveX component (OCX) that exposes or wraps functionality of the SDK to a non-licensed developer. Violation of this stipulation is subject to the interpretation of VeryPDF and no other party. VeryPDF reserves the right to seek punitive damages including, but not limited to, lost income from sales. Contact the Sales Department for information on an OEM license allowing the API to be exposed to other developers.
(iii) SOFTWARE PRODUCT is not the sole or primary component of such Application Software;
(iv) You must give proper acknowledgment of the copyright of VeryPDF Software Inc;
(v) Must not be used to create a software application that competes with or is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT;
(vi) 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 VeryPDF Software Inc.
5. ADDITIONAL RESTRICTIONS:
5.1. For Server License: You agree that you will only use SOFTWARE on a SERVER and all applications that will access SOFTWARE will reside on the SERVER and you will not permit remote access to SOFTWARE except through your application residing on the SERVER. Additionally, you agree not to use SOFTWARE in a generic, bureau-like fashion whereby the only functionality of your application is to submit files for conversion to PDF.
5.2. For Image2PDF, PDF2TXT, PDFcamp(PDF Writer), PDF2HTML etc. End User Applications (Desktop Applications): You agree that you will not charge any fees, directly or indirectly, internally or externally, for access to SOFTWARE. This restriction includes charging per document, for the right to convert documents on your server and/or as a requirement of any sort. You also agree that should you violate this restriction, you will pay VERYPDF an amount commensurate to the total amount collected by you for said restricted services or $2,000 US, whichever is more. You also agree to surrender your license(s) immediately upon notification of violation of this restriction and that you will not be refunded any monies upon surrendering your license. You agree to not attempt to violate the internal licensing mechanism for document processing increases. You also agree to not attempt to defeat said internal licensing mechanism by, directly or indirectly, halting and restarting the SOFTWARE.
5.3. Sublicensing: Licensee may not resell, transfer, rent or lease the program. Licensee is not allowed to transfer the rights obtained under this license to any third party, except as permitted under a redistributable license as indicated in this agreement.
5.4. Reverse Engineering and Confidentiality: If the program was acquired in binary (pre-compiled) format, licensee agrees to not translate, disassemble, or reverse-engineer the program. Licensee agrees to not redistribute or make publicly available any Registration Key (or License Key) received from VeryPDF, Inc.
6. PROPRIETARY PROTECTION
6.1. LICENSEE acknowledges and agrees that the LICENSED SOFTWARE contains valuable trade secrets and proprietary information that are the property of SUPPLIER. LICENSEE covenants and agrees not to encumber the LICENSED SOFTWARE in any manner, nor market, sell, assign, lease, transfer, license or sub-license the LICENSED SOFTWARE or any part or parts thereof, other than in accordance with the terms and conditions of this Agreement.
6.2. LICENSEE shall protect the confidentiality of the LICENSED SOFTWARE and any documentation provided with the LICENSED SOFTWARE, and of all trade secrets and proprietary or other confidential information contained in such software documentation or libraries to at least the degree as the protection provided LICENSEE with respect to LICENSEE's own proprietary and confidential materials. Notwithstanding the preceding sentence, the protection required by LICENSEE under this paragraph shall not be less than reasonable protection. LICENSEE shall not knowingly allow or facilitate any attempt to recreate, generate, or reverse-engineer any version or any portion of any version of the LICENSED SOFTWARE by any person, nor shall LICENSEE aid, abet, or knowingly permit others to do so.
6.3. LICENSEE shall be liable to SUPPLIER for any and all damages incurred by LICENSEE as a direct or indirect result of any unauthorized disclosure of confidential information, including court costs and reasonable attorney fees. Additionally, LICENSEE acknowledges and agrees that disclosure of the trade secrets or proprietary or other confidential information of SUPPLIER or uses of the LICENSED SOFTWARE in breach of this Agreement is likely to cause SUPPLIER harm for which damages may not be adequate remedy, and that SUPPLIER shall, therefore, be entitled to equitable relief to restrain such breach, without prejudice to any other right or remedy.
7. UPGRADES: If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by VERYPDF 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. Server License and Development licenses are not eligible for upgrades or other rights granted to products purchased with subscription.
8. REDISTRIBUTABLE CODE:
8.1. SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.
8.2. DESKTOP APPLICATION LICENSE (END USER LICENSE) - No portion of SOFTWARE PRODUCTS may be redistributed.
9. 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 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.
10. NO WARRANTY. The SOFTWARE is being delivered to you AS IS and VERYPDF makes no warranty as to its use or performance. VERYPDF AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. VERYPDF 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 VERYPDF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VERYPDF 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.
11. 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 VERYPDF.
12. 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.