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EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR pdfDX.com SOFTWARE
pdfDX version 1.2, Standard Edition
This End-User License Agreement "EULA" is a legal agreement between you You or
Your, either an individual or a single legal entity and "Pdfdx.com" for the
software product identified above, which includes computer software and
associated media and printed materials, and may include "online" or electronic
documentation "SOFTWARE PRODUCT" or "SOFTWARE". By clicking I agree or by
downloading, installing, copying, or otherwise using all or any portion of the
SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. If You do not
agree to the terms of this EULA, do not download, install, copy or otherwise use
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright and international laws, copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is LICENSED, NOT SOLD.
In this EULA, the following definitions apply:
Computer means one central processing unit (CPU) that accepts information in
digital or similar form and manipulates it for a specific result based on a
sequence of instructions.
Permitted Number means one (1) unless otherwise indicated under a valid license
e.g. volume license granted by Pdfdx.com or agreed to in writing by Pdfdx.com.
Use, Used or Using means to access, install, download, copy or otherwise benefit
from using the functionality of the SOFTWARE in accordance with the SOFTWARE
1. GRANT OF LICENSE
This EULA is a non-exclusive and non-transferable license and grants You the
Systems Software - You may install and Use one copy of the SOFTWARE PRODUCT on a
single Computer at a time and only by one user at a time, or up to the Permitted
Number of Computers and users. You may make a single copy of the SOFTWARE SOLELY
for archival purposes.
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 acquire must and dedicate a license for each separate Computer on
which the SOFTWARE PRODUCT is or installed run from the storage device. No other
network use is permitted, including, but not limited to, use of the SOFTWARE,
either directly or through commands, data or instructions from or to a Computer
not part of Your internal network, for Internet or web-hosting services or by
any user not licensed to Use this copy of the SOFTWARE through a valid license
from Pdfdx.com. No Concurrent Use - A single-Use license for the SOFTWARE
PRODUCT may not be Used concurrently on different Computers, however, this
agreement does allow a licensed user to install the SOFTWARE PRODUCT on both a
work Computer and a home or laptop Computer, provided the SOFTWARE PRODUCT is
not in use on both machines at the same time.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copying Restrictions - You may make a single copy of the SOFTWARE
PRODUCT for backup and archival purposes. Such copy shall include in
readable format any and all proprietary and copyright notices contained
on the original. Other than as contained in this agreement You may not
copy the SOFTWARE PRODUCT, including any documentation. All such copies
of the SOFTWARE PRODUCT are the proprietary information of Pdfdx.com and
its suppliers and are subject to their copyrights.
Title - Pdfdx.com and its suppliers retain all title to the SOFTWARE
PRODUCT, and all copies thereof, and no title to the SOFTWARE PRODUCT,
or any intellectual property in the SOFTWARE PRODUCT, is transferred to
You. Limitations on Reverse Engineering, Decompilation, and Disassembly
- You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, otherwise or attempt to derive source code from the SOFTWARE
PRODUCT. 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.
Transfer - You may not rent, lease, sublicense or otherwise transfer all
or any portion of the SOFTWARE PRODUCT or authorize any Use of the
SOFTWARE other by any person except as expressly permitted here. User
Interface - You may not incorporate a graphical user interface or any
interface of any kind in conjunction with the SOFTWARE PRODUCT.
Combination of Components - In conjunction with the prohibition against
separation of components of the SOFTWARE PRODUCT, noted above, You may
not create or add components to be used in combination with the SOFTWARE
PRODUCT, if any purpose of such combination is to package, repackage,
sell, resell, rent, sub-rent, lease or sublease any portion of the
SOFTWARE PRODUCT to any third party to this EULA. Prevention of
Unauthorized Use - You shall not knowingly permit anyone to use any
portion of the SOFTWARE PRODUCT, (a) for the purpose of its deriving
source code, or (b) for purposes other than as authorized in this EULA.
END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure
that persons employed by You or under Your direction and control abide
by the terms and conditions of this EULA. In the event that You become
aware that the SOFTWARE PRODUCT is being used by such persons in a
manner not authorized by this EULA, You shall immediately notify
Pdfdx.com in writing of such facts and You shall immediately use all
reasonable efforts to have such unauthorized use of the SOFTWARE PRODUCT
immediately cease, and to recover any copies of the SOFTWARE PRODUCT
that were made in violation of this EULA. Notwithstanding any other
form, You will at all times remain responsible and liable for, and shall
indemnify Pdfdx.com against any damages or claims arising out of or
related to, any breach of this EULA by any authorized or unauthorized
User of the SOFTWARE licenses to You.
Third Party Software - The SOFTWARE PRODUCT and its component parts are
protected by Copyright and other proprietary rights of Pdfdx.com and one
or more third party software vendors who are intended beneficiaries of
this EULA. You may be held directly responsible by such vendors for acts
relating to the SOFTWARE PRODUCT s component parts that are not
authorized by this EULA. To the maximum extent permitted by law, You
waive all claims and causes of action against such third party software
vendors that arise under this EULA or in connection with Your use of, or
inability to use the SOFTWARE PRODUCT or its components. No such third
party software vendors will have any liability of any kind to You in
connection with any such claims or causes of action.
Termination - Without prejudice to any other rights, Pdfdx.com 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 and all of its component parts.
3. UPGRADES AND SUPPORT
Pdfdx.com may offer to license to you, for a fee, upgrades to the
SOFTWARE PRODUCT, and may or may not require you to agree to a new
license agreement for the upgrade. If you are not required to agree to a
new license agreement, then this agreement shall apply to and govern
your use of such upgrade. If this agreement in respect of a SOFTWARE
PRODUCT that is an upgrade of an Pdfdx.com product, You now may use that
upgraded product only in accordance with this EULA. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software programs
that You licensed as a second product, the SOFTWARE PRODUCT may be used
only as part of that single product package and may not be separated for
use on more than one Computer. Pdfdx.com is committed to providing
customer and technical support to users of the SOFTWARE PRODUCT, for so
long as the version of this SOFTWARE PRODUCT retains the same version
number as the current version number of the SOFTWARE available for sale
at the Pdfdx.com website. For example, product ABC v.2.0, would still be
supported even if product ABC v.2.7 was being sold on the Pdfdx.com
website. However, ABC v.2.0 would no longer be supported if product ABC
v.3.0 was available for sale on the Pdfdx.com website. Customer and
technical support shall include reasonable efforts problem investigation
and problem solving by the Pdfdx.com customer and technical support
team. Any patches or special fixes shall be made solely at the
discretion of Pdfdx.com and subject to available Pdfdx.com resources,
and may require payment of an additional fee. Additional information
about Pdfdx.com support, including hours and how to contact Pdfdx.com
for support, is available at the Pdfdx.com website at:
All title and copyrights in and to the SOFTWARE PRODUCT including but
not limited to any images, photographs, animations, video, audio, music,
text, and "applets," incorporated into the SOFTWARE PRODUCT, the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT,
are owned by Pdfdx.com or its suppliers. The SOFTWARE PRODUCT is
protected by copyright laws and international treaty provisions.
Therefore, You must treat the SOFTWARE PRODUCT like any other
copyrighted material except that You may either a make one copy of the
SOFTWARE PRODUCT solely for backup or archival purposes, or b install
the SOFTWARE PRODUCT on a second Computer provided You keep the second
installation solely for backup or archival purposes. You may not copy
any printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless
of the type or size of medium You receive, You may use only one medium
that is appropriate for Your single Computer. You may not use or install
the other medium on another Computer.
6. LIMITED WARRANTY
Pdfdx.com warrants that the SOFTWARE PRODUCT will perform substantially
in accordance with the accompanying written materials for a period of
thirty 30 days from the date of receipt when used in accordance
7. CUSTOMER REMEDIES
Pdfdx.com''s and its suppliers'' entire liability and Your exclusive
remedy shall be, at Pdfdx.com''s option, either a return of the price
paid, or b repair or replacement of the SOFTWARE PRODUCT that does not
meet Pdfdx.com''s Limited Warranty and which is returned to Pdfdx.com
with a copy of Your receipt. This Limited Warranty is void if failure of
the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT will be warranted for
the remainder of the original warranty period or thirty 30 days,
whichever is longer. Outside Canada, neither these remedies nor any
product support services offered by Pdfdx.com are available without
proof of purchase from an authorized international source.
8. pdfDX.com AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
REGARD TO THE SOFTWARE PRODUCT.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall
Pdfdx.com or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss arising out of
the use of or to inability use the SOFTWARE PRODUCT, even if pdfDX.com
has been advised of the possibility of such damages. Because some
provinces, states and jurisdictions do not allow the exclusion or
limitation of liability consequential for or incidental damages, the
above tation limimay not apply to You.
10. SOFTWARE EXPORT RULES
You agree that the will not be shipped, transferred or exported into any
country or used in any manner prohibited by applicable export laws,
restrictions or regulations.
11. U.S. GOVERNMENT END USERS
The SOFTWARE and related documentation are Commercial Items, as that
term is defined at 48 C.F.R. 2.101, consisting of Commercial Computer
Software and Commercial Computer Software Documentation, as such terms
are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.
Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S.
Government end users a only as Commercial Items and b with only those
rights as are granted to all other end users pursuant to the terms and
You agree that when licensing the Software for Use by the U.S.
Government, or any contractor therefore, you will license consistent
with the policies set forth in 48 C.F.R. 12.212 for civilian agencies
and 48 C.F.R. 227-7202-1 and 227-7202-4 for the Department of Defense.
12. GOVERNING LAW
This EULA shall be governed exclusively by the laws of the State of
Nevada, USA without reference to the United Nations Convention on
Contracts for the International Sale of Goods, the application of is
which expressly excluded. Each of the parties irrevocably attorns to the
jurisdiction of the courts of the State of Nevada and further agrees to
commence any litigation which may arise hereunder in courts the located
in the city of Las Vegas, Nevada.
Should You have any questions concerning this or EULA, if You desire to
contact Pdfdx.com for any reason, please email: firstname.lastname@example.org.
This Agreement, the SOFTWARE and any rights granted to You under this
Agreement may not be transferred or assigned by you including,
limitation, without the granting of any security interest in the
SOFTWARE or other transmission or communication the SOFTWARE, of in
whole or in part, whether voluntarily, by operation of law, or otherwise
thout, the wiprior written consent of Pdfdx.com any such and attempted
assignment or transfer shall be null and void.
To the extent that any provision of this Agreement is declared by a
court or other lawful authority of competent jurisdiction to be invalid,
illegal or unenforceable, such provision shall be severed and deleted or
limited so as to give effect to the intent of the parties insofar as
possible and You and Pdfdx.com will use their best efforts to substitute
a new provision of like economic intent and effect for the illegal,
invalid or unenforceable provision, and the remainder of this Agreement
shall continue in full force and effect with respect to all other
16. AMENDMENTS AND WAIVERS
No modification, amendment, addition to or waiver of any rights,
obligations or defaults shall be effective unless in writing and signed
by the party against whom the same is sought to be enforced. One or more
waivers of any right, obligation or default shall be limited to the
specific right, obligation or default waived and shall not be construed
as a waiver of any subsequent right, obligation or default. No delay or
failure of Pdfdx.com in exercising any right and no partial or single
exercise thereof shall be deemed of itself to constitute a waiver of
such right or any other rights.