PDF Complete Inc - PDF Complete End User License Agreement

PDF Complete
This License Agreement details your rights and entitlement to use PDF Complete products.  Please read it carefully and treat it as valuable Property.

This Agreement ("License" or "License Agreement") is between you (either an individual or an entity) and PDF Complete Inc, (hereinafter called 'PDFC').  PDFC is willing to grant you the following the rights to use the Software known as PDF Complete Office Edition, Corporate Edition, or Special Edition and its accompanying documentation (collectively, the 'Software') only if you agree to be bound by all of the terms and conditions of this Agreement, relevant to the version in use as distinguished by the term 'End User'. If you are not willing to agree to any of the terms of this Agreement, PDFC is unwilling to grant you a license and you should not open the sealed media package or execute the distributed software files if it was supplied by electronic distribution.  Instead you must promptly return any sealed media packaging and documentation or in the case of electronic distribution delete it completely from any storage media you may have saved it to. If you meet these above conditions any payment you have made will be refunded, except in the case where a trial version of the Software was used prior to payment and an unlock code was subsequently supplied.

Ownership: You acknowledge and agree that the Software consists of proprietary products of PDFC and its licensors.  You further acknowledge and agree that all right, title, and interest in and to the Software are and shall remain of PDFC and its licensors.  PDFC and its licensors and suppliers shall retain ownership of all Copyrights, Patents, Trademarks, Trade Names, Trade Secrets and other proprietary rights relating to or residing in the Software. Except for the license grant provided in Section 2, you shall have no right, title or interest in or to the Software. The Software is licensed, not sold, to you for you to use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement you will only own the media (if any) on which the Software may have been provided, not the Software itself.

Grant of License: PDFC grants you a personal, non-exclusive, non-transferable, restricted right to use one copy of the Software in the country in which you acquired the Software, for your own internal business purposes, subject to the terms of this license Agreement. If you have purchased from PDFC or its Authorized Distributor the right to use the Software for Multiple Users to store and retrieve data, then your license shall allow such multiple concurrent access, limited to the number of Users for which such a right has been paid. At any time you may have only one copy of the installation and files for the Software stored on any device or medium per user license purchased or if a site license as many as you may reasonably require, save one additional copy may be kept as a backup copy on a suitable medium per user license purchased. You understand that PDFC may update the Software at any time and in doing so incurs no obligation pursuant to this Agreement to furnish such updates to you.  

Restrictions: I) PDFC RESERVES ALL RIGHTS IN THE SOFTWARE NOT EXPRESSLY GRANTED TO YOU. II) EXCEPT AS PERMITTED IN SECTION 2, YOU MAY NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE, LEASE, LOAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE SOFTWARE, NOR PERMIT ANY THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY NOT REMOVE FROM THE SOFTWARE, OR ALTER ANY OF THE TRADEMARKS, TRADE NAMES, LOGO'S, PATENT OR COPYRIGHT NOTICES OR MARKINGS, OR ADD ANY OF THE FOREGOING TO THE SOFTWARE. IV) YOU MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY ANY MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR TRANSLATE THIS SOFTWARE OR ANY PART THEREOF. VI) NO LICENSES ARE GRANTED UNDER THIS LICENSE AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YOU BELIEVE YOU NEED ANY SUCH LICENSES YOU MUST CONTACT ANY THIRD PARTIES YOURSELF DIRECTLY TO OBTAIN THEM.  

Limited Warranty: PDFC does not warrant that the functions contained in the Software will meet your requirement or that the operation of the Software will be uninterrupted or error free (it is finished 'As Is' and without warranty as to performance or results). PDFC warrants that the media that the Software is supplied on will be free from defect for a period of thirty (30) days from the receipt of the Software or in the case of Electronic Supply that the 'wrapper' the Software is contained in, shall be complete and without defect on our end of the connection.  We cannot warranty however that it will be received in the same condition as the means of supply is beyond our absolute control. This Limited Warranty shall be void if failure of the Software to conform with the Warranty has resulted from improper installation, misuse, testing, neglect, accident, fire or other hazard or any breach of this Agreement. This warranty is limited to you and is not transferable. No PDFC Supplier, agent or employee is authorized to make any changes, modifications, alterations, extensions or additions to this limited Warranty. This Software is not warranted against infringement of any third party patents. PDFC has done no investigation as to infringement, and you agree that you will assume the risk of any such infringement from your use of Software.  

Limited Remedies: In the event of a breach of the foregoing limited warranty, you must return the Software to PDFC or the PDFC authorized distributor that provided you with the Software, Postage Prepaid, before the expiration of the warranty period, with a copy of the invoice for the Software. PDFC's entire liability shall and your exclusive remedy shall be, at PDFC's sole discretion, either to I) refund the license fee you paid and terminate this Agreement.  Or II) Provide a replacement copy of the Software. Any replacement being warranted for thirty (30) days. 

No Other Warranties: OTHER THAN THE FOREGOING LIMITED WARRANTY, WHICH IS MADE SOLELY BY PDFC AND NOT BY ANY OTHER PDFC SUPPLIER, THIS SOFTWARE IS BEING LICENSED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. PDFC AND ITS SUPPLIERS DISCLAIM AND REJECT ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY IMPLIED WARRANTIES IS SIXTY (60) DAYS FROM THE DATE THE SOFTWARE IS RECEIVED BY YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.  

Limitation Of Liability: PDFC'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO PDFC UNDER THIS AGREEMENT. NO PDFC SUPPLIER SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT. PDFC AND ANY OF PDFC'S SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION LOST PROFITS, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PDFC OR SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PDFC SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE. THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF PDFC'S BARGAIN HEREUNDER, AND PDFC WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU ABSENT OF SUCH LIMITATIONS.

Export Control: Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software in violation of any such restrictions, laws or regulations, or without all necessary approvals. Software licensed under this Agreement MAY BE subject to United States export controls, and if subject to such controls, such software may not be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department list of Specially Designated Nationals or the United States Commerce Department Table of Denial and Prohibition Orders. By downloading or using any software subject to United States export controls, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. 

Free and Trial Versions: Where the Software is provided free on a permanent, semi permanent, limited use or trial basis all the terms relating to licensing shall be identical, save that you accept there has been no financial gain on PDFC's part and as such you use the Software without warranty or guarantees of any kind. The risk is entirely yours and you acknowledge this. You agree to indemnify us against all claims by you or any third party for any reason whatsoever. You accept that we have provided the Software for your sole benefit and have received nothing to our benefit and as such cannot be held responsible in any way and for any reason.
 
Activation and Notifications: PDFC has included features in the Software to provide for software activation in order to support the legal distribution and use of the Software. You agree that PDFC and the Software may utilize any connection to the Internet to which the Software may have access for the purpose of Software activation, update notification, and license maintenance.  During such connections and subsequent data exchanges with PDFC servers, non-personally identifiable information is collected, under the terms of our current privacy policy, for purposes such as software activation, license maintenance, planning and forecasting server loads, upgrade patterns, and purchasing patterns.  Activation information may be used to insure compliance with this License Agreement.  From time to time, you may receive communication from PDFC that is delivered to the Software and subsequently passed to the end user in the form of notices, balloon windows, and displayed windows.  By accepting this License Agreement, you agree to allow such activation and notification communications with PDFC.

Updates:  PDFC, at PDFC's sole discretion, may provide improved versions of the Software that are available only as electronic distributions via the Internet.  All such improved versions are provided under the terms and conditions of this License Agreement and by applying such improved versions to existing Software, you agree you agree to continue to be bound by all of the terms and conditions of this Agreement.  The reasons that improved versions of the Software are provided include, but are not limited to, correction of defective Software operation and addition of features and functionality.  During the update process, non-personally identifiable information is collected, under the terms of our current privacy policy, for purposes such as software activation, license maintenance, planning and forecasting server loads, upgrade patterns, and purchasing patterns.

Termination: You may terminate this Agreement at any time. This Agreement shall terminate automatically upon breach of any term of this Agreement. Upon termination you shall destroy the Software and any backup copy you made pursuant to this Agreement.

Government End Users: This paragraph applies only if you are a branch or agency of the U.S. government. The Software is comprised of 'Commercial Computer Software' and 'Commercial Computer Software Documentation' as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and is provided to the Government I) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in C.F.R. 12.212 or II) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (Jun 1995) and 227-7202-3(Jun 1995).

General: This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Texas, USA.  If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final, complete and exclusive Agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, and may not be amended except by writing executed by both parties. The controlling language of this Agreement is English. The Licensee agrees to bear any and all costs of interpreters if necessary. If Licensee has received a translation into another language, it has been provided for Licensee’s convenience only. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except to an acquirer of Licensee’s business in the case of a merger or the sale of all or substantially all of Licensee’s assets to such acquirer. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. The relationship between PDFC and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind PDFC in any way. 

Copyright: This Software and all accompanying documentation are copyrighted and PDFC reserves all rights.  The accompanying End User License Agreement specifies the terms and conditions governing use of this product. Gustavo Huffenbacher Daud, PNG Delphi. Portions of this software are copyright (c) 1995-2010 Jean-loup Gailly and Mark Adler, zLib.

Trademarks: PDF Complete and the names of PDF Complete products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of PDFC and/or its subsidiaries. Microsoft, Windows, Windows NT, XP, Office, Word, Excel, PowerPoint, Outlook, Outlook Express, and Visio are either trademarks or registered trademarks of Microsoft Corporation.  Adobe, Acrobat, Reader, and Acrobat Reader are either trademarks or registered trademarks of Adobe Systems Incorporated. Other product and company names mentioned herein may be trademarks and/or service marks of the respective companies.

PDF Document Standard: PDF documents that are manipulated by PDF Complete software are based on the Portable Document Format as authored and published by Adobe Systems Incorporated. This Portable Document Format contains data structures and operators that are copyrighted by Adobe Systems Incorporated and are used by permission.