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Effective 6/19/2019
ACTIVEPDF POLICY:
This ActivePDF, Inc. ("ActivePDF") Software Licensing and Support Agreement ("SLSA") accompanies all ActivePDF products and related explanatory materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by ActivePDF. Please read this SLSA carefully. If you are reading this prior to electronic distribution of the Software, you will be asked to accept this agreement and continue to install. If you wish to decline this agreement you will not be able to use the Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
“Activation” – The process of connecting a Serial Number with a specific Instance.
“Concurrent Process” – A Processes that can execute with other identical copies of the same Process simultaneously within the same Instance.
"Core" – The representation to the Instance of a logical processor as determined by the operating system in use in the Instance.
"Derivative Work" – Any software programs, and copies thereof, which are developed by Licensee and which are based on or incorporate any part of the Software, including without limitation any revision, modification, translation (including compilation or recapitulation by computer), abridgment, condensation, expansion, or any other form in which Software may be recast, transformed or adapted, and that, if prepared without ActivePDF’s authorization, would constitute a patent, copyright or trade secret infringement of the Software.
"Developer Program License" – A Renewable License, as granted under this SLSA, that is limited to Non-Production Use only.
"Developer Support" – Entitlement to technical assistance by ActivePDF to the Licensee with respect to use and interaction of the Software within Licensee’s development environment for Non-Production Use only.
"Emergency Recovery" – Execution of the Software for the purposes of replacing a Production Use license in the case of unrecoverable disaster.
"Evaluation License" – A license, as granted under this SLSA, which is time limited and, if not extended, upon expiration is revoked.
"Instance" – A loaded operating system running either on a physical computer or within a virtual environment. Each virtual environment on a physical computer is deemed an instance.
"License File" – A separate file granting rights under this SLSA.
"Licensee" – The individual or, if an entity, the entity, accepting this agreement.
"Maintenance" – Entitlement to major releases, minor releases, maintenance releases, emergency fixes and license key changes, if any, to the Software and corresponding documentation.
"Named User" – A single individual as identified by their email address.
"Non-Production Use" – Execution of the Software for purposes outside of Production Use including, but not limited to development, testing, demonstration and Emergency Recovery.
“Ordering Document” – The document (sales order, invoice and/or other sale receipt) produced by ActivePDF (or duly authorized distributor) and that details the license(s) and/or service(s) purchased by the Licensee.
"Perpetual License" – A license, as granted under this SLSA, that extends into perpetuity.
“Process” – An object code representation of the Software loaded into an Instance’s memory for execution.
"Production Maintenance And Support" – The combination of Production Support and Maintenance.
"Production Support" – Entitlement to technical assistance by ActivePDF to the Licensee with respect to installation, licensing, Activation, analysis of problem reports and errors of the Software for licenses purchased for Production Use only.
"Production Use" – Execution of the Software for the purposes of running day to day business operations.
"Renewable License" – A license, as granted under this SLSA, that is time-limited and upon expiration or non-renewal is revoked.
"Renewal" – The purchase and subsequent payment of a renewal package extending the termination date of a Renewable License, Developer Program License, Royalty Free Support and/or Production Maintenance And Support.
“Reported Metering” – The use of the Software in conjunction with a Serial Number that does not require Activation and actual usage is electronically collected by and/or reported to ActivePDF on an ongoing basis.
"Royalty Free Developer" – Any individual involved in the creation of any part of a Derivative Work for use with a Royalty Free License, whether or not those individuals directly use or interface with the Software.
"Royalty Free License" – A Perpetual License, as granted under this SLSA, that permits redistribution of the Software for both Production Use and Non-Production Use.
"Royalty Free Support" – The combination of Production Support, Developer Support and Maintenance.
“Runtime Key” – A specially generated sequence of characters, separate from any generated Serial Number, created for your use in a Derivative Work.
"SaaS Application" – A Derivative Work delivered over the Internet for which you charge customers to access or use. Other terms that may be used interchangeably with SaaS Application include, but are not limited to, Software as a Service, on-demand software, services as a software substitute, Infrastructure as a Service, Platform as a Service, Desktop as a Service, Backend as a Service, and Service Bureau.
“SaaS Use” – Execution of the Software within a SaaS Application.
"Separate Agreement" – Any other agreement entered into between ActivePDF and you that removes from, adds to or replaces this SLSA.
“Serial Number” – A uniquely generated identifier that specifies your entitlements under this SLSA.
“Site” – A single contiguous physical location controlled by a single organization (e.g. an office, building, complex or campus).
"Support Certificate" – A document provided to you indicating the Production Maintenance And Support, Royalty Free Support and/or Developer Support you are entitled to and the term during which the same is applicable.
"Version Build Number" – A number assigned to a version of the Software indicating the date on which the Software was compiled for release.
ActivePDF grants to you as Licensee the following rights for the following licenses as indicated on an Ordering Document, with exceptions and clarifications as noted elsewhere in this SLSA:
The Software is owned by ActivePDF and its suppliers, and its structure, organization and code are the valuable trade secrets of ActivePDF and its suppliers. The Software and any rights granted, prohibited and/or reserved under this SLSA are protected by Title 17 of the United States Code and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 3 of this SLSA and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this SLSA does not grant you any intellectual property rights in the Software.
The Software is owned by ActivePDF and its suppliers, and its structure, organization and code are the valuable trade secrets of ActivePDF and its suppliers. The Software and any rights granted, prohibited and/or reserved under this SLSA are protected by Title 17 of the United States Code and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 3 of this SLSA and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this SLSA does not grant you any intellectual property rights in the Software.
If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by ActivePDF as being eligible for the upgrade in order to use the Software. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of the SLSA associated with the upgrade. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
Except as defined in 3(g) above, no portion of the Software may be redistributed or embedded into a redistributed application unless a Separate Agreement granting those rights is agreed to.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the Software or related documentation and technical data or (b) your software products as defined under of this SLSA (or any part thereof), or any process or service that is the direct product of the Software to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
The Software is being delivered to you AS IS and ActivePDF makes no warranty as to its use or performance. ACTIVEPDF AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ACTIVEPDF AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ACTIVEPDF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ACTIVEPDF REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
ActivePDF reserves the right to add, change or remove benefits or features from any support program at any time and without notice. ActivePDF also reserves the right to create or remove additional support programs that may not be covered under this SLSA. Current support terms, conditions, benefits and features, will be as published on the ActivePDF website or ActivePDF support site, and any modifications will supersede the terms published in this SLSA.
SLSA POLICY
Unpublished-rights reserved under the copyright laws of the United States. ActivePDF Inc., a California Corporation, 28202 Cabot Road, Suite 155, Laguna Niguel, CA 92677.
Effective 08/23/2018
For more information on this policy or other questions or concerns, please contact us at customerservice@activepdf.com.
For direct questions concerning this policy, or to contact ActivePDF for any reason, please call 949-582-9002.
ActivePDF
RE: EoL
ActivePDF Inc.
28202 Cabot Road, Suite 155
Laguna Niguel, CA 92677
PDFTron SDK
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