CLAIMMASTER SOFTWARE LLC END USER LICENSE AGREEMENT
The use of ClaimMaster software is governed by this End User License Agreement (“EULA”).
1. Contract Formation.
A. By registering, accessing or using the ClaimMaster software you agree to be, and are, bound by the terms and conditions set forth in this EULA.
B. This EULA covers all uses of the ClaimMaster software. The ClaimMaster software may include pre-release code, and includes tools, utilities, resources, patches, updates, training materials and other executables. This EULA applies to all such materials and executables.
C. The software provided by ClaimMaster LLC may include programs licensed by third parties. The terms and conditions which appear in or with those programs apply to your use of such third party software.
2. License Grant.
A. Subject to the terms and conditions of this EULA, ClaimMaster LLC grants you a non-exclusive, non-transferable (except as permitted herein) right and license to use the ClaimMaster software and related documentation.
B. The ClaimMaster software is licensed, and not sold, and as such this EULA grants to you only certain rights. ClaimMaster LLC reserves to itself, and any applicable third parties, all other rights; the ClaimMaster software and related materials are, and all originals and copies thereof, in whole or in part, are and remain the property of ClaimMaster LLC. You may use the ClaimMaster software only as expressly permitted by this EULA.
1. ClaimMaster software is licensed on a per copy per user’s computer basis. A user’s computer is a physical hardware system with an internal storage device capable of running the software, such as a personal computer (“PC”). This license explicitly prohibits installation of the ClaimMaster software in a multi-user access environment, such as on a server/virtual machine/workstation where the software is shared by multiple users. Unless otherwise provided in these license terms or upon explicit permission from the licensor, only one user may use the software at a time.
2. One Copy per User - you (“User”) may install and activate one copy of the ClaimMaster software on one computer. That computer is the “your licensed computer.” It is permitted to move a license from the currently licensed computer to another computer, provided that the license on the currently licensed computer is permanently deactivated (the deactivation feature does not permit continuously moving/sharing one license between two computers – rather, its goal is to allow a registered user to move a license to a new computer when the old computer will not again be used for running ClaimMaster software). Unless otherwise provided in these license terms or upon explicit permission from the licensor, this license does not include additional activations besides the activations on your licensed computer. Installations of ClaimMaster software on two computers (e.g., home and office computers) for the same user using the same license may be allowed at the licensor’s discretion.
3. You agree that any and all any and all Intellectual Property Rights contained in or relating to the ClaimMaster software are and shall remain the exclusive property of ClaimMaster LLC and/or its licensors, and that nothing in this EULA is intended to transfer any ClaimMaster Intellectual Property Rights to, or to vest any such Intellectual Property Rights in, you. For the purposes of this EULA, "Intellectual Property Rights" includes, but is not limited to, any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any patent law or other invention or discovery law, copyright law, publicity, performance or moral rights law, trade secret law, confidential information law, right of privacy, industrial design law, trademark law, unfair competition or trade practices law, or other similar laws, and includes judicial decisions under common law or equity.
4. You agree not to take any action to jeopardize, limit or interfere with the ClaimMaster Intellectual Property Rights, and agree to include the ClaimMaster LLC’s name, copyright and trademark notice on all copies made by you.
5. You agree that any unauthorized use of the ClaimMaster Intellectual Property Rights is a violation of this EULA as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
6. You understand that all title and Intellectual Property Rights in and to any third party content that contained in the software is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties, and that each such third party expressly reserves all rights in and to such content.
C. You may not:
1. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the ClaimMaster software, except and only to the extent permitted by applicable law;
2. work around any technical limitations in the ClaimMaster software;
3. make copies of the ClaimMaster software except as and to the extent permitted by the EULA and applicable law; provided, however, that you may make a back-up or archival copy which may be used solely for purposes of reinstalling the ClaimMaster software;
4. publish the ClaimMaster software to others, for purposes of copying or otherwise;
5. rent, lease, license, lend or sub-license the ClaimMaster software;
6. use the ClaimMaster software to host commercial software services;
7. charge any person for the use of the ClaimMaster software;
8. remove any proprietary notices from the ClaimMaster software, or from any content, services, programming, or features contained in the ClaimMaster software;
9. attempt to hack, defeat or overcome any encryption and/or other technical protection methods implemented with respect to the ClaimMaster software or interfere with or in any manner compromise any security measure; or
10. export the ClaimMaster software to, or cause or permit the ClaimMaster software to be imported into, any country where applicable law prohibits the export or import.
D. The documentation which accompanies the ClaimMaster software may be accessed, copied, modified and used for internal purposes by any registered user.
3. User Obligations and Responsibility.
A. You are solely responsible for any and all content created by you using ClaimMaster software.
B. You agree to indemnify, hold harmless and defend ClaimMaster LLC and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, ClaimMaster expenses, reasonable attorneys' fees and other dispute resolution expenses) incurred by ClaimMaster arising out of or relating to your:
1. violation or breach of any term of this EULA or any applicable law or regulation;
2. use or misuse of the ClaimMaster software;
3. violation of any rights of ClaimMaster LLC or any third party, including but not limited to Intellectual Property Rights.
4. Warranty and Disclaimer of Warranties.
A. ClaimMaster LLC warrants that its software conforms to its specifications and accompanying material existing at the time such software is first installed and used by you, for a period of one (1) year from and after the date of installation (the “Warranty Period”). Any supplements or updates, including without limitation software updates, are warranted for a similar one (1) year period provided that said supplements and updates are provided and installed by you within the Warranty Period. Any supplements or updates provided after the expiration of the Warranty Period are provided without warranty.
B. ClaimMaster LLC will repair or replace the ClaimMaster software at no charge during the Warranty Period. If ClaimMaster LLC cannot repair or replace the software ClaimMaster LLC will refund any amounts paid by you for the ClaimMaster software. These are your only remedies for breach of the limited warranty.
C. EXCEPT AS STATED ABOVE, CLAIMMASTER SOFTWARE IS PROVIDED AS IS AND WITH ALL FAULTS, AND CLAIMMASTER LLC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE.
D. CLAIMMASTER LLC DOES NOT REPRESENT OR WARRANT THAT THE CLAIMMASTER SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, AND MAKES NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR CORRESPONDENCE TO DESCRIPTION.
E. CLAIMMASTER LLC DOES NOT WARRANT, GUARANTEE OR REPRESENT THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS IN ANY OF THE SOFTWARE PROVIDED BY CLAIMMASTER LLC, OR THAT THE CLAIMMASTER SOFTWARE WILL EMPLOY SUFFICIENT SECURITY METHODS.
F. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE CLAIMMASTER SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
G. Some jurisdictions do not allow some of the disclaimers of warranty set forth in this Section; thus some of these exclusions may not apply to you.
5. Limitation of Liability.
A. IN NO EVENT SHALL CLAIMMASTER LLC, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR ANY OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE CLAIMMASTER SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF CLAIMMASTER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLAIMMASTER LLC'S LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED THE AMOUNTS PAID BY YOU TO CLAIMMASTER LLC.
B. Some jurisdictions do not allow some of the exclusions set forth in this Section; thus, some of these exclusions may not apply to you.
A. This EULA may be terminated anytime by ClaimMaster LLC with or without cause, by notice to you, if you fail to comply with the terms and conditions of this EULA.
B. In the event of termination you must destroy all copies of the software.
C. ClaimMaster LLC has no obligation to maintain, return or undertake any specific treatment with respect to any Content that you have created, posted, saved, stored or transmitted using the ClaimMaster software.
7. Consent to Use of Data and Contributions.
A. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to ClaimMaster LLC through its suggestion, feedback or contact webpages, via email, by other means of communication, you acknowledge and agree that:
1. your Contributions do not contain confidential or proprietary information;
2. ClaimMaster LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
3. ClaimMaster LLC is entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
4. ClaimMaster LLC may have something similar to the Contributions already under consideration or in development;
5. your Contributions automatically become the property of ClaimMaster LLC without any obligation of ClaimMaster LLC to you; and
6. you are not entitled to any compensation or reimbursement of any kind from ClaimMaster LLC under any circumstances.
8. Links to Third Party Sites.
A. The links provided either through or framed within the ClaimMaster software to any website not operated by ClaimMaster LLC or its affiliates are provided as a courtesy only, and the sites they link to are not under the control of ClaimMaster LLC.
B. You agree that ClaimMaster LLC is not responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites.
C. ClaimMaster LLC is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by ClaimMaster LLC of any linked site and/or any of its content therein.
9. General Terms and Conditions.
A. Electronic Signatures.
1. You agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices.
2. You waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
B. Investigation and Disclosure to Governmental Authorities.
1. ClaimMaster LLC reserves the right to investigate allegations or occurrences which may involve any violations of the EULA, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
2. You agree that ClaimMaster LLC may disclose information provided by you, or about you or your use of ClaimMaster software, in compliance with lawful process, or to comply with law enforcement requests or other legal, governmental or regulatory orders or actions.
C. Relationship of Parties. Each party is an independent contractor, and nothing in this EULA creates any partnership, joint venture, agency, franchise, or other relationship between the parties.
D. Force Majeure. ClaimMaster LLC shall not be liable under this EULA by reason of any failure or delay in the performance of its obligations in this EULA on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause, which is beyond the reasonable control of ClaimMaster LLC.
F. Assignment. ClaimMaster LLC may assign this EULA in whole or in part without your approval. This EULA shall be binding on, and inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns.
D. Independent Investigation. You acknowledge that you have read this EULA and agree to all its terms and conditions. You represent and agree that you have independently evaluated the ClaimMaster software and are not relying on any representation, guarantee, or statement other than as set forth in this EULA.
1. No waiver or consent by any party of or to any breach or default of this EULA by the other party will be effective unless evidenced in writing.
2. No waiver or consent effectively given as aforesaid will operate as a waiver or consent of or to any other right or other or further breach or default in relation to the same or any other provision of this EULA.
3. ClaimMaster LLC’s failure to enforce your strict performance of any provision of this EULA will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this EULA
F. Notice. Every notice, consent or other communication provided for in this EULA or arising in connection therewith shall be emailed to the parties. Either party may change its email address by giving written notice to the other party to that effect. Every such notice, consent or other communication delivered shall be deemed to have been given and received on the day such communication was delivered and every notice, consent or other communication transmitted by email shall be deemed to have been given and received on the day such communication was transmitted by email, provided however that if such day falls on a weekend or statutory holiday, then the notice, consent or other communication shall be deemed to have been given and received on the next business day following such day.
H. Survival. Should any term or provision of this EULA be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this EULA shall remain in full force and effect.
I. Interpretation. In this EULA, unless there is something in the subject matter or context inconsistent therewith: (a) words, in the singular number include the plural and such words shall be construed as if the plural had been used; (b) words in the plural include the singular and such words shall be construed as if the singular had been used; (c) words importing the use of any gender shall include all genders where the context or party referred to shall require, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes had been made; (d) the word "person" and “you” shall include an individual, a trustee, executor, administrator or legal representative, a partnership, an association, a body corporate, a trust, an unincorporated organization and a corporation; and (e) the word "writing" includes e-mail communications.
J. Language. The original English version of this EULA may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this EULA, the English language version shall prevail.
K. Governing Law. This EULA shall be governed by and construed in accordance with the laws of the State of Maryland without regard to the conflict of law rules applicable therein, and shall be treated in all respects as if it was made and entered into in the State of Maryland. The parties to this EULA hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the federal and state courts having jurisdiction over contracts made and entered into and to be performed in the State of Maryland. You agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against ClaimMaster LLC unless such claims are asserted by you no later than one year following the date that your claim or cause of action arose, at which point said claims are forever barred.
L. Resolution of Disputes. Any dispute, controversy, or claim arising out of, related to, concerning or in connection with this EULA or to the breach, termination or invalidity thereof, or to the relationship of the parties hereto, shall be finally settled and determined solely and exclusively by arbitration administered by the International Centre for Dispute Resolution (the "ICDR") under its then current International Arbitration Rules (the "ICDR Rules"). The written award of the arbitrators shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction.
M. Entire Agreement. This EULA supersedes all prior written and oral representations, arrangements, negotiations, understandings and agreements between the parties relating to the subject matter hereof and sets forth the entire complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof.
THIRD PARTY LICENSES
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:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution
License of Brill's 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
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
PDFTK ("the PDF Toolkit") is distributed with this software under a commercial license from the PDFTK's author (Sid Steward).
The pdftk home page permalink is:
The easy-to-remember shortcut is: www.pdftk.com
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.
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) 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.
2. GRANT OF RIGHTS
a) 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.
b) 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.
c) 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.
d) 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.
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) 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;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) 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:
a) it must be made available under this Agreement; and
b) 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.
4. 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.
5. 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.
6. 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.
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.
END-USER LICENSE AGREEMENT
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.
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.
2. 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:
2.1 The OEM License can be deployed by an unlimited number of developers, on an unlimited number of systems.
2.2 The Software purchased through an OEM License may be incorporated into software and hardware sold by the Licensee, to end users and 3rd developers.
2.3 OEM License cannot be used by the Licensee to develop a software application that would compete with products marketed by the Licensor.
2.4 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.
2.5 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.
2.6 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.
2.7 Licensee agrees to not redistribute or make publicly available any license key received from VeryPDF, Inc.
2.8 The OEM License doesn't include any rights on the Source Code (machine code) of the Software.
2.9 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.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 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.
3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 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.
3.4 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.
3.5 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.
3.6 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.
3.7 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.
4. LICENSE TRANSFER
4.1 This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).
4.2 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).
4.3 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).
5. UPDATE POLICY
5.1 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.
5.2 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.
6.1 The Licensor warrants that:
6.1.1 VeryPDF Software owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
6.1.2 to the best of the Licensor's knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
6.1.3 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.
6.2 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.
7. 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.
If a portion of this agreement is held un