3rd party licenses
List of Third Party Software Included in ClaimMaster Software
ClaimMaster software uses a number of third party programs or components. These are their licensing terms. Your use of these programs and components is governed by their respective terms and conditions and nothing in ClaimMaster’s EULA limits your rights under or grants you rights that supersede the terms and conditions of any such applicable third party terms and conditions for such third party programs or components.
- GOLD Parser
- Brill's Part of Speech Tagger
- Graphviz
- Google’s Diff-Match-Patch libraries
- VeryPDF Software
- PDFTK
- DataTables
- OpenNLP
- SQLite
- SQLite-NDVSS
GOLD Parser
The GOLD Freeware License Agreement
This software is provided 'as-is', without any expressed or implied warranty. In no event will the author(s) be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose. If you use this software in a product, an acknowledgment in the product documentation would be deeply appreciated but is not required.
In the case of the GOLD Parser Engine source code, permission is granted to anyone to alter it and redistribute it freely, subject to the following restrictions:
- The origin of this software must not be misrepresented; you must not claim that you wrote the original software.
- Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
- This notice may not be removed or altered from any source distribution
Brill's Part of Speech Tagger
This software was written by Eric Brill.
This software is being provided to you, the LICENSEE, by the Massachusetts Institute of Technology (M.I.T.) under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with these terms and conditions:
Permission to [use, copy, modify and distribute, including the right to grant others rights to distribute at any tier, this software and its documentation for any purpose and without fee or royalty] is hereby granted, provided that you agree to comply with the following copyright notice and statements, including the disclaimer, and that the same appear on ALL copies of the software and documentation, including modifications that you make for internal use or for distribution:
Copyright 1993 by the Massachusetts Institute of Technology and the University of Pennsylvania. All rights reserved.
THIS SOFTWARE IS PROVIDED "AS IS", AND M.I.T. MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED. By way of example, but not limitation, M.I.T. MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
The name of the Massachusetts Institute of Technology or M.I.T. may NOT be used in advertising or publicity pertaining to distribution of the software. Title to copyright in this software and any associated documentation shall at all times remain with M.I.T., and USER agrees to preserve same.
Graphviz
Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
- DEFINITIONS
"Contribution" means:
- in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
- in the case of each subsequent Contributor:
- changes to the Program, and
- additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
- GRANT OF RIGHTS
- Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
- Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
- Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
- Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
- REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
- it complies with the terms and conditions of this Agreement; and
- its license agreement:
- effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
- effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
- states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
- states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
- it must be made available under this Agreement; and
- a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
- COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
- NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
- DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE
PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Google’s Diff-Match-Patch libraries
Google-diff-match-patch is Licensed under the Apache License, Version 2.0 (the "License").
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
VeryPDF Software
NOTICE TO USER:
Please read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
- DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means VeryPDF Software.
"Licensee" means You or Your Company, unless otherwise indicated.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files ("Documentation"); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by VeryPDF Software (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"System" means Windows OS, GNU/Linux or Mac OS X, or any virtual machine.
- GENERAL USE
As long as the Licensee complies with the terms of this End User License Agreement (the "Agreement"), the Licensor grants the Licensee a non-exclusive right to install and Use the Software for the purposes described in the Documentation under the following conditions:
- The OEM License can be deployed by an unlimited number of developers, on an unlimited number of systems.
- The Software purchased through an OEM License may be incorporated into software and hardware sold by the Licensee, to end users and 3rd developers.
- OEM License cannot be used by the Licensee to develop a software application that would compete with products marketed by the Licensor.
- The Licensee may physically or electronically distribute the Software to his manufacturing and service partners but only as an intermediary product, requiring incorporation of the Software into the software or hardware developed by the Licensee in cases when the manufacturing process involves the Licensee's partner's job to complete the project before distributing it to end-users.
- The Licensee or his manufacturing and service partners may reproduce and physically or electronically distribute the Software only as an integral part of or incorporated in their software or hardware product.
- The OEM License entitles the Licensee to the unlimited redistribution of the Licensor's software as a part of his (commercial software included). The License is royalty-free, i.e. the Licensee does not need to pay a fee per every order of his product he incorporates the Licensor's technology into.
- Licensee agrees to not redistribute or make publicly available any license key received from VeryPDF, Inc.
- The OEM License doesn't include any rights on the Source Code (machine code) of the Software.
- This License doesn't include re-distribution or customization rights on the Software GUI which you can see in the free version of the Software downloadable from online. So, the Licensor will have to write their own interface if that is needed for their project.
- INTELLECTUAL PROPERTY RIGHTS
- This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor and its suppliers.
- The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
- Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
- The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor and its suppliers. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
- Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
- Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
- Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
- LICENSE TRANSFER
- This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).
- The Licensee may not rent, lease, sublicense, lend or transfer any versions or copies of the Software to third parties (another person or legal entity).
- The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).
- UPDATE POLICY
- The minor upgrades (or updates) are free, but the upgrades to major versions can be purchased with 50% discount. Alternatively, any client may obtain a Life-time Upgrades Guarantee which will ensure that all future major and minor upgrades are supplied to the registered user without any additional fee.
- If the Licensee has purchased a license within a grace period before new major version release, the Licensor will provide the Licensee with a guaranteed free upgrade, whatever the License is.
5.3. The Licensee may continue to Use the previous version of the Software no matter whether the Licensee received the Update or not. On submitting the Update, the Licensor is to assist the Licensee in the transition to the Update, provided that: the Update and the previous version are installed on the same system; the previous version or copies thereof are not transferred to another party or system, not belonging to the Licensee; and the Licensee acknowledges that any obligation the Licensor may have to support the previous version of the Software may be ended upon availability of the Update.
- WARRANTY
- The Licensor warrants that:
- VeryPDF Software owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
- to the best of the Licensor's knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
- the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program, or computer instructions that alter, destroy or inhibit the processing environment.
- Except those warranties specified in section 6.1 above, the Software is being delivered to the Licensee "AS IS" and the Licensor makes no warranty as to its use or performance.
The Licensor and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
- LIMITATION OF LIABILITY
In no event will the Licensor or its suppliers be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
- NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
PDFTK
SOFTWARE LICENSE AND DISTRIBUTION AGREEMENT
Steward and Lee, LLC
PDFtk Server Redistribution License VERSION 2.0
Only by delivering a valid PDFtk Server Redistribution License serial number (“License Serial Number”) to Licensee does PDF Labs accept the terms and conditions of this Agreement with Licensee.
By making the payment in paragraph
2.2.2 or by utilizing a License Serial Number, Licensee
acknowledges that Licensee has read, understood and accepted the terms and conditions of this Agreement with PDF Labs.
THIS SOFTWARE LICENSE AGREEMENT ("Agreement") is made by and between the individual, company or legal entity that is licensing the Licensed Software ("Licensee"), and Steward and Lee, LLC ("PDF Labs"), a company with primary offices located in McKinney, Texas, USA.
- DEFINITIONS.
- "PDF Labs Website" shall mean http://www.pdflabs.com.
- "Combined Product" shall mean the product created by Licensee by incorporating or embedding the Licensed Software into third party software.
- "Effective Date" shall mean the date on which this Agreement is accepted by Licensee.
- "Licensed Software" shall mean PDFtk Server in machine executable form and source code, its documentation, and any bug fixes or other changes provided to Licensee as available on the PDF Labs Website.
- "Specifications" shall mean the Licensed Software API specifications and help documentation,
available from the PDF Labs Website.
- "Sublicense
Agreement" shall mean any agreement entered into by and between Licensee and
any other individual or entity under which such individual or entity is granted a sublicense to the
Combined Product.
- "Sublicensee"
shall mean any individual or entity that enters into a sublicense agreement with
Licensee for use of the Combined Product. Sublicensee shall also include distributors of the
Combined Product.
- LICENSE GRANT.
- Development License. Subject to the terms and conditions of this Agreement and effective only during the term of this Agreement, PDF Labs grants to Licensee a worldwide, nonexclusive, nontransferable license to:
- Interface the Licensed Software with third party (including Licensee) software by use of the API (Applications Program Interface); and
- Incorporate or embed the Licensed Software with third party (including Licensee) software, to produce Combined Products.
- Distribution License. Subject to the terms and conditions of this Agreement and effective only during the term of this Agreement, PDF Labs grants to Licensee a worldwide, nonexclusive, nontransferable license to:
- Market and promote the Licensed Software, but only as a part of the Combined Product;
- Sublicense
the use of the Licensed Software to Sublicensees, as a tool to manipulate PDF
files as set forth in the Specifications, but only as embedded in or incorporated into one distinct Combined Product; the total numbers of distributions for Combined Products shipped to all Sublicensees
varies depending on the licensing cost and are defined as follows.
- The total number of distributions for one distinct Combined Product is unlimited if you pay $995.00 at the time you enter this Agreement.
- Support and maintain the Licensed Software as embedded in or incorporated into the Combined Product form;
- Translate the Licensed Software documentation into foreign languages as necessary for purposes under this Agreement.
- Restrictions on License Grant.
- Licensee may modify the Licensed Software only if such modifications have no effect on this Agreement.
- Licensee may not use the Licensed Software to develop, license, sublicense or resell any
product or service that mimics, duplicates or competes with the functionality of the Licensed Software.
- Licensee shall not have the right to license, sublicense, or otherwise transfer the Licensed
Software as a standalone
product, but only as part of the Combined Product.
- Except as expressly provided under this Agreement, Licensee shall not have the right to license, sublicense
or otherwise transfer the Licensed Software or to use the Licensed
Software in whole or in part for any use or purpose, other than as provided in this Agreement.
- Licensee shall enter into Sublicense Agreement with each Sublicensee
that is at least as
restrictive as this Agreement, that contains terms and conditions consistent with the provisions
of this Agreement with the following restrictions, as well as other restrictions set forth elsewhere in this Agreement:
- The Sublicense
Agreement shall not grant to Sublicensee the rights set forth in the
Developer License at Paragraph 2.1 above and shall not pass on any provisions related thereto;
- The Sublicense
Agreement is permitted to grant to Sublicensee the rights granted to
Licensee under the Distributorship License at Paragraph 2.2 above; and
- PDF Labs shall have no responsibility or liability to Sublicensee
for any loss, claim or
damage of any kind arising under this Agreement or under any Sublicense Agreement
entered into by Licensee and Sublicensee, for any reason whatsoever. Licensee shall assume sole liability visavis
the Sublicensee and Sublicense
Agreements, and shall disclaim in all Sublicense
Agreements all liability arising out of any cause whatsoever, on the part of PDF Labs; and
- Sublicensee
rights shall be independent of this Agreement and shall survive termination of this Agreement.
- Licensee is responsible in making sure the total number of distribution does not exceed the number defined in Paragraph
2.2.2. If Licensee learns of any breach of a Sublicense
Agreement that could damage PDF Labs, Licensee shall take prompt, commercially reasonable corrective action at its expense to remedy the breach and/or obtain all other appropriate relief, and in addition, shall immediately notify PDF Labs in writing of the breach and corrective
action taken. The execution of these duties by Licensee shall not preclude PDF Labs from also taking corrective action. In addition, if a breach of a Sublicense
Agreement occurs, that
would, in PDF Labs' opinion, result in irreparable harm to PDF Labs, unless injunctive or other equitable relief is entered into to restrain the violation, Licensee shall, as requested by PDF Labs, either: (a) use its best efforts to obtain such equitable relief as promptly as reasonably possible, or (b) assign its rights under the license to PDF Labs to permit it to seek such equitable relief.
- PAYMENT.
- Licensee agrees to pay a license fee to PDF Labs in accordance with the pricing schedule found in Paragraph 2.2.2 or as otherwise mutually agreed. Payment is due upon receipt of Licensee's order by PDF Labs, or activation of a License Serial Number, whichever occurs first. In the event that payment is not made within thirty days of the payment due date, PDF Labs may either, at its option, terminate this Agreement, or impose interest on the amount due and owing at the rate of 1.5% per month.
- No royalties, sublicense
fees or other fees are due to PDF Labs under this Agreement.
- All license fees and any other charges are exclusive of all federal, state, local and foreign taxes, levies and assessments. The Licensee will pay all such taxes, levies and assessments arising out
of this Agreement, excluding any income tax imposed on PDF Labs.
- TERM. The term of this Agreement shall begin on its Effective Date and shall continue in perpetuity or until this Agreement is terminated.
- TERMINATION.
- Licensee may terminate this Agreement upon thirty (30) days' prior written notice.
- PDF Labs shall have the right to terminate this Agreement as follows:
- Upon ten (10) days prior written notice in the event that Licensee materially breaches any of the terms and conditions of this Agreement. However, PDF Labs reserves the right to send a written notice to Licensee, describing the breach, and Licensee shall have thirty days to cure
the breach; if the breach is not cured within the thirty day period, PDF Labs may terminate this Agreement upon written notice at any time thereafter.
- Upon written notice, in the event Licensee (1) terminates or suspends its business; (2) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute or
(3) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority.
- Termination of this Agreement under this Paragraph
- shall be in addition to and not in
lieu of any other remedies at law or at equity available to PDF Labs.
- Upon termination of this Agreement, all licenses granted to Licensee hereunder shall also terminate. Licensee shall immediately cease work with the Licensed Software, including the production of Combined Products, and shall also immediately cease using, sublicensing, distributing, marketing, promoting and translating the Licensed Software embedded in or incorporated into Combined Product. Within five days after termination, Licensee shall destroy and/or purge the Licensed Software and all copies in any and all forms and from all media and from all devices in the possession or control of Licensee, including Combined Products which include the Licensed Software, and shall certify in writing to PDF Labs that they have been destroyed and/or purged.
- Notwithstanding the above, Sublicenses
granted prior to termination of this Agreement shall not terminate, and Sublicensees
may continue to use the Licensed Software embedded in or incorporated into Combined Product.
- SUPPORT. PDF Labs shall provide to Licensee online bug fixes for the Licensed Software in accordance with its standard practices at no additional charge for one year starting from the date of execution of this Agreement. PDF Labs shall provide to Licensee online upgrades for the Licensed Software up to but not including the next major version (if the current version is 1.xx, then the next major version is 2.0). All such bug fixes and upgrades shall be considered Licensed Software and shall be subject to the terms and conditions of this Agreement.
- CONFIDENTIALITY.
- Licensee agrees that the Licensed Software contains the valuable trade secrets and other intellectual property of PDF Labs. Licensee further agrees that the Licensed Software constitutes proprietary and confidential information of PDF Labs and that its disclosure to unauthorized parties would cause irreparable harm to PDF Labs.
- Licensee shall use, at a minimum, the same degree of care and discretion to limit disclosure of the Licensed Software as it uses to protect its own highly proprietary and confidential information, but in no case with any less degree than reasonable care; shall restrict disclosure of Licensed Software to Licensee's employees, and to third party consultants and contractors of
Licensee who are legally bound by Licensee to protect the Licensed Software as confidential information under terms substantially similar to, but no less stringent than, those included in this
Agreement, with a "need to know" in order to effect the purposes of this Agreement, and not disclose, use for its own benefit, or otherwise appropriate, copy, distribute or transmit the Licensed Software, to any other person or entity except as otherwise permitted by this Agreement, without the prior written consent of the other party; and shall advise the employees, third party consultants and contractors of Licensee who receive the Licensed Software of the confidential nature of the Licensed Software and their obligations with respect thereto under this
Agreement.
- Licensee must reproduce and include the copyright notice and any other notices that appear on the Licensed Software on any copies and any media therefore. Licensee shall not (and shall not allow any third party to) remove any product identification, copyright or other notices from the Licensed Software.
- Licensee acknowledges and agrees that in the event of a breach of this Paragraph 7, PDF Labs
will suffer irreparable injuries for which there would be no adequate remedy at law. Accordingly, PDF Labs shall be entitled to a preliminary and final injunction without the necessity of posting any bond or undertaking in connection therewith to prevent any further breach of these confidentiality obligations or further unauthorized use of Confidential Information. This remedy is separate and apart from any other remedy that PDF Labs may have under this Agreement.
- OWNERSHIP.
- Licensee agrees that title and ownership of Licensed Software, including such portions that are embedded in or incorporated into the Combined Product, are and shall always remain the sole and exclusive property of PDF Labs, and that Licensee gains no ownership interests therein, except for the limited license rights granted under this Agreement. Licensee acknowledges that neither Licensee, nor any Sublicensee
of the combined Product, shall acquire any rights of ownership in
the Licensed Software. At PDF Labs' request, Licensee will cause the execution of any documents that may be appropriate to perfect PDF Labs' exclusive ownership rights in the Licensed Software.
- In the event that Licensee makes any modifications to the Licensed Software as permitted in Paragraph
- , Licensee will own only those modifications.
- WARRANTIES AND LIMITATION OF LIABILITY.
- PDF Labs warrants only that it has the right to grant the rights and licenses granted hereunder to Licensee, and that the Licensed Software does not infringe upon any United States patent,
copyright or other intellectual property right.
- PDF Labs warrants that the Licensed Software will, for a period of thirty (30) days from the Effective Date if the Licensed Software is downloaded from the PDF Labs Website or thirty (30) days from the date on which the License Serial Number is issued if the Licensed Software is not downloaded, substantially conform to its Specifications. This warranty shall not be applicable in the event that Licensee makes any modifications to the Licensed Software. Licensee's sole remedy in the event of a breach of this warranty shall be that PDF Labs, at its sole option, will either replace the Licensed Software that is returned to PDF Labs within the warranty period or terminate this Agreement and refund the license fee (but not shipping or other such charges) that Licensee paid for the Licensed Software.
- THE EXPRESS WARRANTIES SET FORTH IN PARAGRAPHS
- AND
- ABOVE ARE
THE ONLY WARRANTIES MADE BY PDF LABS AND ARE IN LIEU OF ALL
LIABILITIES OR OBLIGATIONS OF PDF LABS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE LICENSED SOFTWARE PROVIDED UNDER THIS AGREEMENT. EXCEPT FOR THOSE EXPRESS WARRANTIES, THE LICENSED SOFTWARE IS PROVIDED ASIS,
PDF LABS MAKES
AND LICENSEE RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND PDF LABS EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, OR THOSE ARISING FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING UNDER STATUTE. PDF LABS DOES NOT WARRANT THAT THE LICENSED SOFTWARE PROVIDED UNDER THIS AGREEMENT WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE.
- PDF LABS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE AND LOST DATA, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. IN NO EVENT SHALL PDF LABS' LIABILITY IN THE AGGREGATE EXCEED THE AMOUNT OF LICENSE FEES PAID FOR THE LICENSED SOFTWARE.
- SOME STATES DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- INDEMNIFICATION BY PDF LABS.
- PDF Labs at its own expense will defend any action brought against Licensee to the extent that it is based on a claim that the Licensed Software used within the scope of this License Agreement infringes any United States patent, copyright or other property right, provided that Licensee immediately informs PDF Labs in writing of such claim. PDF Labs shall have the right to control
the defense of all such claims, lawsuits and other proceedings. In no event shall Licensee settle any such claim, lawsuit or proceeding without PDF Labs' prior written approval. Such indemnification shall not apply in the event that the claim of infringement is based upon (a) the
use of the Licensed Software in a manner prohibited under this Agreement, or (b) the combination, operation or use of the Licensed Software with other software, hardware or materials, if such claim would not have arisen but for such combination, operation or use.
- If, as a result of any claim of infringement against any United States patent, copyright or other property right, PDF Labs is enjoined from using the Licensed Software, or if PDF Labs believes
that the Licensed Software is likely to become the subject of a claim of infringement, PDF Labs at its option and expense may: (a) procure the right for Licensee to continue to use the Licensed Software, (b) replace or modify the Licensed Software so as to make it noninfringing,
or (c)
discontinue the license granted herein on one month's written notice and refund to Licensee the unamortized portion of the license fees hereunder (based on four years straight line depreciation, such depreciation to commence on the Effective Date of this Agreement). The foregoing states the entire liability of PDF Labs with respect to infringement of any copyrights, patent, license or other property right by the Licensed Software or any parts thereof.
- INDEMNIFICATION BY LICENSEE. Licensee shall indemnify PDF Labs and hold it harmless from any loss, claim, damages costs, expenses, obligations, liabilities, actions, suits, including
without limitation, interest and penalties, reasonable attorneys' fees and costs and all amounts paid in settlement of any claim, action or suit that may be asserted against PDF Labs or that PDF Labs shall incur or suffer that arise out of, result from or relate to: (a) the nonfulfillment
of any agreement,
covenant or obligation of Licensee in connection with this Agreement: (b) any breach of any warranty or representations made by Licensee hereunder; (c) the use by Sublicensees
of the
Licensed Software, any claim of any nature whatsoever brought by any Sublicensee or a third
person or entity who may suffer damages of any sort as a direct or indirect result of Licensee activities relating to or in connection with the Licensed Software and/or the Combined Product; (d) or any claims of infringement that arise out of, result from, or relate to any modification,
enhancement or misuse of the Licensed Software or Combined Products by Licensee; and (e) any claim arising from the sublicensing
of the Licensed Product or Combined Product.
- NOTICES. Any notice required or permitted under the terms of this Agreement shall be in writing and shall be given by first class U.S. mail (postage prepaid, registered and with return receipt requested), nationally recognized express courier, or by hand. Notices to PDF Labs shall be addressed to the physical address listed on the PDF Labs Website and marked "Attention: Contracts", and shall be deemed to have been given on the date of actual delivery. Notices to Licensee shall be addressed to the most recently provided physical address provided to PDF Labs, and shall be effective three (3) days after delivery to the United States Postal Service if mailed, on the date of actual delivery when delivered by hand or by express courier. In the event that the most recent address provided by Licensee is incorrect, the notice shall be deemed effective on the third day after PDF Labs has sent the notice, irrespective of the delivery system used. Email and facsimile may not be used for notices under this Paragraph except as otherwise specifically noted in this Agreement.
- EXPORT. The Licensee shall comply with United States export control laws and regulations in
connection with all matters relating to this Agreement. Licensed Software may not be exported or reexported
in violation of the US Export Administration Act, its implementing laws and regulations,
the laws and regulations of other US agencies, or the export and import laws of the jurisdiction in which the Licensed Software was obtained. Export of the Licensed Software may be subject to the necessity of obtaining approvals required by the US export laws and regulations; Licensee is solely responsible for obtaining such approvals at its own expense. Distribution of the Licensed Software in any foreign country where the proprietary rights of PDF Labs in the Licensed Software would not be recognized or would not be protected under the laws of such country is prohibited.
- RESTRICTED RIGHTS. The Licensed Software licensed hereunder is subject to restricted rights. Any use, duplication or disclosure by the Government of the United States of America or any person or entity acting on its behalf is subject to the restrictions set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.2277013)
for DoD
contracts; in paragraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights
clause in the FAR (48 CFR 52.22719)
for civilian agencies; or, in the case of NASA, in Clause 1852.22786(
d) of the NASA Supplement to the FAR, or in other comparable agency clauses.
- THIRD PARTY SOFTWARE. The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located in the attached ThirdParty
Materials document and are
made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
- GENERAL.
- Licensee's remedies as set forth in this Agreement are exclusive.
- Licensee shall not use PDF Labs' name, trademark or trade name in publicity releases or advertising without securing the prior written consent of PDF Labs, which shall not be unreasonably withheld.
- Nothing in this Agreement or in the course of dealing between PDF Labs and Licensee shall be deemed to create between PDF Labs and Licensee (including their respective directors, officers, employees, and agents) a partnership, joint venture, association, employment or agency
relationship, or any relationship other than that of independent contractors with respect to each other.
- Any provision of this Agreement that contemplates performance subsequent to the termination of this Agreement, including but not limited to obligations related to ownership of intellectual property, will survive the termination of this Agreement for any reason.
- This Agreement shall be governed by the substantive laws of the State of Texas, without reference to conflicts of laws rules. The parties agree to submit to the jurisdiction and venue of the state and federal courts located in the State of Texas for any actions, suits or proceedings arising out of, or relating to, this Agreement, and further agree that service of any process, summons, notice or document by US registered mail to the party's address set forth herein will be effective service of process for any action, suit or proceeding brought in any such court. Each party waives any right to a jury trial in any such action, suit or proceeding. No action, regardless of form, arising out of this Agreement may be brought by Licensee more than one year after the cause of action has arisen. The UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Except for the failure to make payments when due, neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of the unavailability of communications facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any cause beyond the reasonable control of that party.
- No waiver, alteration, or modification of any of the provisions hereof will be binding unless in writing and signed by a duly authorized representative of the party to be bound. Neither the course of conduct between the parties nor trade usage will act to modify or alter the provisions of this Agreement. If Licensee issues a purchase order or other similar document it shall be for Licensee's internal purposes and is not a precondition to payment of monies otherwise due and owing to PDF Labs, and, even if it is acknowledged by PDF Labs, the terms and conditions of
such purchase order or similar document will have no effect on this Agreement.
- Should any provision of this Agreement be held to be void, invalid or inoperative, the remaining
provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
- Licensee may not assign its rights or obligations under this Agreement. Any attempted assignment, delegation, or transfer in contravention of this Agreement shall be null and void.
- The provisions of this Agreement are for the sole benefit of the parties, and no third party shall either enjoy the benefits of this Agreement or have any rights hereunder.
- The headings in this Agreement are for reference purposes only; they will not affect the meaning or construction of the terms of this Agreement.
- This Agreement contains the complete and exclusive understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements, written or oral, with respect to the subject matter addressed in this Agreement.
- MARKETING TERM. Licensee agrees to be identified as a customer of PDF Labs and PDF Labs may refer to Licensee by name, trade name and trademark, if applicable, and PDF Labs may briefly describe Licensee's business and create a customer case study in PDF Labs' marketing materials and website.
DataTables
DataTables is available under the MIT license. In short, this means that you are free to use DataTables as you wish, including modifying and redistributing the code, as long as the original copyright notice is retained.
MIT license
Copyright (C) 2008-2018, SpryMedia Ltd.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.