SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING
THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU
ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON
AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT
TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE
PRODUCT.
Single User License Grant: PDFLogic Corporation ("PDFLogic")
and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the PDFLogic software ("Software") in
object code form solely on a single central processing unit owned or
leased by Customer or otherwise embedded in equipment provided by
PDFLogic.
Multiple-Users License Grant: PDFLogic Corporation ("PDFLogic")
and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the PDFLogic software ("Software") in
object code form: (i) installed in a single location on a hard disk
or other storage device of up to the number of computers owned or
leased by Customer for which Customer has paid a license fee
("Permitted Number of Computers"); or (ii) provided the Software is
configured for network use, installed on a single file server for
use on a single local area network for either (but not both) of the
following purposes: (a) permanent installation onto a hard disk or
other storage device of up to the Permitted Number of Computers; or
(b) use of the Software over such network, provided the number of
computers connected to the server does not exceed the Permitted
Number of Computers. Customer may only use the programs contained in
the Software (i) for which Customer has paid a license fee (or in
the case of an evaluation copy, those programs Customer is
authorized to evaluate) and (ii) for which Customer has received a
product registration key ("PRK"). Customer grants to PDFLogic or its
independent accountants the right to examine its books, records and
accounts during Customer's normal business hours to verify
compliance with the above provisions. In the event such audit
discloses that the Permitted Number of Computers is exceeded,
Customer shall promptly pay to PDFLogic the appropriate licensee fee
for the additional computers or users. At PDFLogic's option,
PDFLogic may terminate this license for failure to pay the required
license fee.
Customer may make one (1) archival copy of the Software provided
Customer affixes to such copy all copyright, confidentiality, and
proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN
WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE;
REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE
SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE
WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including
the specific design and structure of individual programs, constitute
trade secrets and/or copyrighted material of PDFLogic. Customer
agrees not to disclose, provide, or otherwise make available such
trade secrets or copyrighted material in any form to any third party
without the prior written consent of PDFLogic. Customer agrees to
implement reasonable security measures to protect such trade secrets
and copyrighted material. Title to Software and documentation shall
remain solely with PDFLogic.
LIMITED WARRANTY. PDFLogic warrants that for a period of ninety (90)
days from the date of shipment from PDFLogic: (i) the media on which
the Software is furnished will be free of defects in materials and
workmanship under normal use; and (ii) the Software substantially
conforms to its published specifications. Except for the foregoing,
the Software is provided AS IS. This limited warranty extends only
to Customer as the original licensee. Customer's exclusive remedy
and the entire liability of PDFLogic and its suppliers under this
limited warranty will be, at PDFLogic or its service center's
option, repair, replacement, or refund of the Software if reported
(or, upon request, returned) to the party supplying the Software to
Customer. In no event does PDFLogic warrant that the Software is
error free or that Customer will be able to operate the Software
without problems or interruptions.
This warranty does not apply if the software (a) has been altered,
except by PDFLogic, (b) has not been installed, operated, repaired,
or maintained in accordance with instructions supplied by PDFLogic,
(c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident, or (d) is used in ultrahazardous
activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL PDFLogic OR ITS SUPPLIERS BE LIABLE FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE EVEN IF PDFLogic OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. In no event shall PDFLogic's or its
suppliers' liability to Customer, whether in contract, tort
(including negligence), or otherwise, exceed the price paid by
Customer. The foregoing limitations shall apply even if the
above-stated warranty fails of its essential purpose. SOME STATES DO
NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software
made available for testing or demonstration purposes, any temporary
software modules or any software for which PDFLogic does not receive
a license fee. All such software products are provided AS IS without
any warranty whatsoever.
This License is effective until terminated. Customer may terminate
this License at any time by destroying all copies of Software
including any documentation. This License will terminate immediately
without notice from PDFLogic if Customer fails to comply with any
provision of this License. Upon termination, Customer must destroy
all copies of Software.
Software, including technical data, is subject to U.S. export
control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import
regulations in other countries. Customer agrees to comply strictly
with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import
Software.
This License shall be governed by and construed in accordance with
the laws of the State of California, United States of America, as if
performed wholly within the state and without giving effect to the
principles of conflict of law. If any portion hereof is found to be
void or unenforceable, the remaining provisions of this License
shall remain in full force and effect. This License constitutes the
entire License between the parties with respect to the use of the
Software.
Restricted Rights - PDFLogic's software is provided to non-DOD
agencies with RESTRICTED RIGHTS and its supporting documentation is
provided with LIMITED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions as set forth in
subparagraph "C" of the Commercial Computer Software - Restricted
Rights clause at FAR 52.227-19. In the event the sale is to a DOD
agency, the government's rights in software, supporting
documentation, and technical data are governed by the restrictions
in the Technical Data Commercial Items clause at DFARS 252.227-7015
and DFARS 227.7202. Manufacturer is PDFLogic Corporation