Eula
END USER LICENSE AND TECHNICAL SUPPORT AND MAINTENANCE AGREEMENT
This End User License and Technical Support and Maintenance Agreement ("EULA") is a legal agreement between you (or "your" as either an individual or a single entity) and IFORMS PDF, (here by the "Licensor") which includes computer software and may include associated media, printed materials, and "online" or digital documentation, as well as technical support and maintenance services for the Licensed Software ("Technical Support and Maintenance"). The Licensed Software also includes any updates and supplements to the original Licensed Software which may be provided to you by IForms PDF in its sole discretion. Any software or code provided along with the Licensed Software that is associated with a separate end-user license or other agreement is licensed to you under the terms of that separate license or other agreement. By accepting this EULA, or installing, accessing or otherwise using the Licensed Software, you agree to be obliged by the terms of this EULA, or, if you and IForms PDF have entered into a separate signed (which may be an electronic signature) written license agreement with IForms PDF regarding the Licensed Software and Technical Support and Maintenance, you agree to be obliged by the terms of such agreement. For your future reference, you may print the text of this EULA, or refer to a copy of this EULA that can be found in the EULA.rtf file included with the software.
On case you do not agree to the terms of this EULA, do not install, access or use the Licensed Software or use Technical Support and Maintenance.
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
Grant of License; License Keys.
Under this EULA, Licensor grants to you a non-exclusive, revocable, limited, license to use the version of the Licensed Software provided to you by Licensor, and to receive Technical Support and Maintenance if acquired by you and provided by Licensor, solely for your own internal business purposes and subject to the terms of this EULA. Your use of the Licensed Software shall also be in accordance with the documentation for the Licensed Software and the applicable License Key and License Configuration as defined herein. Your license rights as specified herein may be perpetual ("Perpetual License"), or limited to a subscription period, if applicable ("Subscription License"), each only as agreed by Licensor in writing. You may use this software only for your internal and own business purposes and you are responsible for their compliance or non-compliance with the terms of this EULA in such use. Unless otherwise provided in this EULA, you may only make copies of the Licensed Software for archive purposes, provided that you return the Licensed Software, and all copies thereto, to Licensor upon request by Licensor or upon termination of your license to the Licensed Software. The Licensed Software is deemed accepted when Licensor makes the Licensed Software available to you.
The Licensed Software shall require an applicable license key in order to access its functionality ("License Key"). The Licensed Software may (solely in IForms PDF discretion) be initially provided to you with as a trial or evaluation period License Key which allows time-limited access to the Licensed Software with limited functionality until the License Key expires. In order to access the full functionality of the Licensed Software, each copy of the Licensed Software shall require an applicable License Key issued by Licensor, per the terms and conditions specified by Licensor.
All rights not expressly granted in this EULA are reserved by Licensor.
Other Rights and Limitations.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You shall not cause or permit the reverse engineering, decompilation, or disassembly of the Licensed Software or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law.
Specific Use
All code and other materials provided with IForms PDF products may only be used with those specific IForms PDF products and in compliance with this EULA.
Marks
This EULA does not grant you any rights in connection with any trademarks/ Logo or service marks of IForms PDF. You shall not remove or modify any Licensed Software markings or any notice of IForms PDF' proprietary rights.
Third Party Use
You shall not rent, lease, sell, re-sell, license, sublicense, lend, distribute and/or transfer the Licensed Software, or make the Licensed Software available in any manner to any other party (such as an affiliate of yours) for use in the other party's business operations or otherwise (unless such access is expressly permitted in writing by IForms PDF).
Stand Alone
The Licensed Software is stand alone, and you are not to attach or combine the Licensed Software with any other software and/or code.
Intellectual and Proprietary Rights
All rights, title, and interest, including without limitation copyrights and any other intellectual or proprietary rights, in and to the Licensed Software, are owned exclusively by IForms PDF .
Technical Support and Maintenance Services
This EULA does not entitle you to receive any enhancements, improvements, modifications to or technical support for the Licensed Software. IForms PDF may, solely at its discretion, provide you with Technical Support and Maintenance if you have ordered such services from IForms PDF and paid for it. Use of Technical Support and Maintenance is governed by the IForms PDF policies and programs in effect at the time such Technical Support and Maintenance is ordered in this EULA. Any enhancements, improvements, modifications or other supplemental software provided to you as part of Technical Support and Maintenance shall be considered part of the Licensed Software and subject to the terms and conditions of this EULA. With respect to feedback, technical information, or other information you provide to IForms PDF as part of Technical Support and Maintenance (collectively, "Feedback"), without any compensation or offset to you or any other person, IForms PDF may use Feedback for its business purposes, including, without limitation for product support and development. You represent, covenant and warrant that Feedback does not infringe or misappropriate any intellectual property, proprietary or privacy right.
Limitation of Liability.
IFORMS PDF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, PII, DATA OR DATA USE, ARISING FROM THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT AND MAINTENANCE, EVEN IF IFORMS PDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IFORMS PDF' MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF THE LICENSED SOFTWARE, AND/OR OR TECHNICAL SUPPORT AND MAINTENANCE, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU PAID TO IFORMS PDF FOR THE DEFICIENT LICENSED SOFTWARE OR TECHNICAL SUPPORT AND MAINTENANCE UNDER THIS EULA. No action, regardless of form, arising out of or relating to this EULA or the Licensed Software may be brought by you against IForms PDF more than one year after the cause of action has accrued.
Termination
This EULA and your license to use the Licensed Software shall terminate automatically if you fail to comply with the terms of this EULA and/or fail to make by payment to IForms PDF. No notice will be required by IForms PDF to effect a termination. If this EULA is terminated, you shall pay IForms PDF within 30 days all amounts owed to IForms PDF which have accrued prior to the date of termination. If you are in default of this EULA, or if the EULA is terminated, you may no longer use or continue to possess the Licensed Software or receive the Technical Support and Maintenance. Notwithstanding anything to the contrary, your license to the Licensed Software and your receipt of the Technical Support and Maintenance will terminate immediately if you become insolvent or bankrupt or enter into any arrangement or composition with your creditors or if a receiver, trustee or administrator is appointed to operate or otherwise direct your business or assets.