PDF Complete Inc - PDF Complete End User License Agreement

PDF Complete
This License Agreement details your rights and entitlement to use PDF Complete.
Please read it carefully and treat it as valuable Property.
This Agreement ("License" or "License Agreement") is between you (either an indi
vidual 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 accompany
ing documentation (collectively, the 'Software') only if you agree to be bound b
y 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 softwar
e files if it was supplied by electronic distribution. Instead you must promptl
y return any sealed media packaging and documentation or in the case of electron
ic distribution delete it completely from any storage media you may have saved i
t to. If you meet these above conditions any payment you have made will be refun
ded, 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 p
roducts of PDFC and its licensors. You further acknowledge and agree that all r
ight, title, and interest in and to the Software are and shall remain of PDFC an
d its licensors. PDFC and its licensors and suppliers shall retain ownership of
all Copyrights, Patents, Trademarks, Trade Names, Trade Secrets and other propr
ietary rights relating to or residing in the Software. Except for the license gr
ant provided in Section 2, you shall have no right, title or interest in or to t
he Software. The Software is licensed, not sold, to you for you to use only unde
r the terms of this Agreement. If you agree to be bound by all of the terms of t
his Agreement you will only own the media (if any) on which the Software may hav
e been provided, not the Software itself.
Grant of License: PDFC grants you a personal, non-exclusive, non-transferable, r
estricted right to use one copy of the Software in the country in which you acqu
ired 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 Di
stributor 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 h
ave only one copy of the installation and files for the Software stored on any d
evice or medium per user license purchased or if a site license as many as you m
ay 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 updat
e 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, CRE
ATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE, LEASE, L
OAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE
SOFTWARE, NOR PERMIT ANY THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY N
OT 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 SO
FTWARE. IV) YOU MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY AN
Y MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY NOT REVERSE ENGINEER, DEC
OMPILE, DISASSEMBLE, OR TRANSLATE THIS SOFTWARE OR ANY PART THEREOF. VI) NO LICE
NSES ARE GRANTED UNDER THIS LICENSE AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YO
U 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 Soft
ware will meet your requirement or that the operation of the Software will be un
interrupted or error free (it is finished 'As Is' and without warranty as to per
formance 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 o
f the Software or in the case of Electronic Supply that the 'wrapper' the Softwa
re is contained in, shall be complete and without defect on our end of the conne
ction. We cannot warranty however that it will be received in the same conditio
n as the means of supply is beyond our absolute control. This Limited Warranty s
hall be void if failure of the Software to conform with the Warranty has resulte
d 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 n
ot transferable. No PDFC Supplier, agent or employee is authorized to make any c
hanges, modifications, alterations, extensions or additions to this limited Warr
anty. This Software is not warranted against infringement of any third party pat
ents. 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, yo
u must return the Software to PDFC or the PDFC authorized distributor that provi
ded you with the Software, Postage Prepaid, before the expiration of the warrant
y period, with a copy of the invoice for the Software. PDFC's entire liability s
hall 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 (3
0) days.
No Other Warranties: OTHER THAN THE FOREGOING LIMITED WARRANTY, WHICH IS MADE SO
LELY 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 AN
D REJECT ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION T
HE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NO
N-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLA
IMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHI
CH 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 AGRE
EMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIA
BILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED THE LICENSE FE
ES PAID BY YOU TO PDFC UNDER THIS AGREEMENT. NO PDFC SUPPLIER SHALL HAVE ANY LIA
BILITY WHATSOEVER UNDER THIS AGREEMENT. PDFC AND ANY OF PDFC'S SUPPLIERS SHALL N
OT 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 OTHE
R COMMERCIAL DAMAGES OR LOSSES, EVEN IF PDFC OR SUCH SUPPLIER HAS BEEN ADVISED O
F THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIO
N 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 FUNDAM
ENTAL 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 thi
s Agreement MAY BE subject to United States export controls, and if subject to s
uch controls, such software may not be downloaded or otherwise exported or re-ex
ported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, Nor
th Korea, Iran, Syria, or any other country to which the United States has embar
goed goods; or (2) to anyone on the United States Treasury Department list of Sp
ecially Designated Nationals or the United States Commerce Department Table of D
enial and Prohibition Orders. By downloading or using any software subject to Un
ited States export controls, you are agreeing to the foregoing and all applicabl
e export control laws. You are also warranting that you are not under the contro
l of, located in, or a resident or national of any such country or on any such l
ist.
Free and Trial Versions: Where the Software is provided free on a permanent, sem
i permanent, limited use or trial basis all the terms relating to licensing shal
l 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 acc
ept that we have provided the Software for your sole benefit and have received n
othing 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 prov
ide for software activation in order to support the legal distribution and use o
f 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 Softwar
e activation, update notification, and license maintenance. During such connect
ions and subsequent data exchanges with PDFC servers, non-personally identifiabl
e information is collected, under the terms of our current privacy policy, for p
urposes such as software activation, license maintenance, planning and forecasti
ng server loads, upgrade patterns, and purchasing patterns. Activation informat
ion 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 L
icense Agreement and by applying such improved versions to existing Software, yo
u 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-persona
lly identifiable information is collected, under the terms of our current privac
y policy, for purposes such as software activation, license maintenance, plannin
g 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 terminat
ion 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 Softwa
re' and 'Commercial Computer Software Documentation' as such terms are used in 4
8 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 o
f Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (Jun 1
995) 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 Agree
ment is held by a court of competent jurisdiction to be unenforceable for any re
ason, the remaining provisions hereof shall be unaffected and remain in full for
ce and effect. This Agreement is the final, complete and exclusive Agreement bet
ween the parties relating to the subject matter hereof, and supersedes all prior
or contemporaneous understandings and agreements relating to such subject matte
r, 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 Licens
ee agrees to bear any and all costs of interpreters if necessary. If Licensee ha
s received a translation into another language, it has been provided for License
e s convenience only. This Agreement shall not be governed by the United Nations C
onvention on Contracts for the International Sale of Goods. Licensee may not ass
ign 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 s
uch acquirer. This Agreement shall be binding upon and shall inure to the benefi
t of the parties, their successors and permitted assigns. The relationship betwe
en 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.
Trademarks: PDF Complete and the names of PDF Complete products referenced herei
n are either trademarks and/or service marks or registered trademarks and/or ser
vice 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, R
eader, and Acrobat Reader are either trademarks or registered trademarks of Adob
e 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 softwa
re 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 pe
rmission.