End User’s Software License Agreement¶
Version 1.5, 2020-08-20
The software that is subject to this End User’s Software License Agreement (“EULA”) is the PDFCreator software (the “Licensed Software”, as more fully defined below) in the Editions “PDFCreator Professional”, “PDFCreator Terminal Server”, “PDFCreator Custom” and “PDFCreator Server”. This EULA is a legally binding agreement between the end user (the “Licensee”) and pdfforge GmbH (the “Licensor”) pursuant to which the Licensor licenses the use of the Licensed Software to the end user (the “Licensee”).
Please read it carefully. If you have any questions concerning this EULA, please contact the Licensor.
Any installing, copying, accessing, or using of the Licensed Software by you (the “Licensee”) constitutes Licensee’s acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:
third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software;
other applications from the Licensor included in the setup, i.e. HotFolder, Images2PDF and pdfcmon, except explicitly stated otherwise (PDF Architect is released under a separate EULA);
written materials or files relating to the Licensed Software (“Documentation”);
upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively, “Updates”).
Licensee and its Affiliates may install the Licensed Software on as many computers as licenses were purchased for. This present EULA shall apply to all installations of the Licensed Software. Installation of the Licensed Software on more computers than covered by the purchase is prohibited. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.
Affiliate means any entity under the control of the Licensee where „control“ means ownership of or the right to control greater than 50% of the voting rights of such entity, or which is controlled by or under common control with the Licensee, one of its owners or its Affiliates, even though there is equal or less than fifty percent (50%) ownership of the outstanding voting rights of the entity or which directly or indirectly through one or more intermediaries is controlled by or under common control with the Licensee, one of its owners or its Affiliates, even though there is equal or less than fifty percent (50%) ownership of the outstanding voting rights of the entity. This also applies to any entity which fulfills these conditions during the contract term.
One license of PDFCreator Professional may be installed on a single computer (either physical or virtualized) and used by all users with local access to this computer. Remote Desktop Services or similar services are not supported. Licensee is entitled to use all available versions during the license period. After the license is expired, PDFCreator Professional cannot be used anymore.
PDFCreator Terminal Server¶
One license of PDFCreator Terminal Server may be installed on a single computer (either physical or virtualized) and used by all users with access to this computer, either locally or via Remote Desktop Services. Licensee is entitled to use all available versions during the license period. After the license is expired, PDFCreator Terminal Server cannot be used anymore.
The number of machines and users covered by PDFCreator Custom is defined in a separate PDFCreator Custom License Agreement.
One license of PDFCreator Server may be installed on a single computer (either physical or virtualized) and used by all users with access to this computer, either locally or via network access. Licensee is entitled to use all available versions during the license period. After the license is expired, PDFCreator Server cannot be used anymore.
If the license is purchased by an approved reseller on behalf of another company or entity (Final Licensee), the Licensee will be allowed to transfer the purchased licenses to the respective Final Licensee. The Reseller will ensure that the Final Licensee accepts this EULA before transferring the license.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of computers. The Licensee can request more activations, if he can provide good reasons why this number of installations was required.
The Licensed Software may require activation as explained during installation and in the Documentation. If any such applicable activation procedure(s) is not followed, then the Licensed Software may only operate for a finite period of time. If activation is required, and not completed within the finite period of time set forth in the Documentation and explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact the Licensed Software customer support.
The Licensee is entitled to receive prioritized support from the Licensors support department. Support requests are
bugs in the Licensed Software
questions on how to achieve certain functionality
problems with the license or the activation
questions regarding billing and invoicing.
Licensor will take reasonable effort to resolve the questions. It is acknowledged by both parties though, that some problems cannot be resolved with a reasonable amount of effort.
Under the terms of this agreement, Licensor’s support will not include training or solving problems caused by the environment Licensee is using the software in. This can be done upon request and may require additional charges.
Licensee can contact the support:
If the Licensee is an end-user, he is entitled to contact the support directly and personally.
For volume licenses, the Licensee may define up to three persons entitled to communicate with the support. The Licensee will handle end-user support within the organization himself and will only forward requests that could not be solved via the defined persons. If more persons are required to communicate with the support, Licensee can contact the Licensor with the request.
Licensee is entitled to receive support and updates during the whole licensed period. Licensee is not entitled to support, if the payment was refunded or disputed
Licensee may not sell, assign, or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
Licensee may not modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation
Licensee may not create any derivative works from all or any portion of the Licensed Software or Documentation;
Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;
Licensee may not remove or obscure copyright or trademark notices, or the copyright and trademark notices of third parties that have been included in the Licensed Software or Documentation;
Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
Licensee may not use the Licensed Software in any manner that is illegal or not authorized by this EULA.
The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the “Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the Content. Licensee may only use the Content responsibly, in a manner consistent with the exercise of good judgment. As PDF software, the Licensed Software will permit the Licensee to enter Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnify, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of Content and its use of the Licensed Software.
No Warranty on Licensed Software¶
The Licensed Software is provided to Licensee “AS IS.” The Licensor, and the Licensor suppliers or affiliates, make no warranty as to its use or performance. The Licensor, AND the Licensor AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.
Limitation of Liability¶
IN NO EVENT WILL the Licensor, OR the Licensor AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF the Licensor OR ONE OF the Licensor AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF The Licensor, AND the Licensor AFFILIATES, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, IF ANY.
Additional Terms for Beta Software¶
If the Licensed Software that Licensee receives with this EULA is pre-commercial release or “BETA” software (“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Software does not represent the final product from the Licensor, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Licensor disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
IN APPLICABLE JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT MAY BE LIMITED, the Licensor LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY LICENSEE AND FIFTY UNITED STATES DOLLARS (U.S. $50.00). THE FOREGOING LIMITATION OF LIABILITY APPLIES TO ANY VERSION OF THE LICENSED SOFTWARE, PRE-RELEASE OR POST-RELEASE.
Licensee acknowledges that the Licensor has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that the Licensor has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. The Licensor may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Software, or any product associated with the Pre-release Software, is done entirely at Licensee’s own risk.
During the term of this EULA, if requested by the Licensor, Licensee will provide feedback to the Licensor regarding testing and use of the Pre-release Software, including error or bug reports. If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee’s use of the Pre-release Software is also governed by that agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is located outside the United States, Licensee will return or destroy all unreleased versions of the Pre-release Software within 30 days of the completion of Licensee’s testing of the Pre-release Software if that date is earlier than the date scheduled for the Licensor first commercial shipment of the publicly released (commercial) Software.
Survival of Disclaimers¶
The exclusions of warranties, indemnification obligations and liability limitations shall survive the termination of this EULA, however caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations applicable to the Licensee (collectively the “Export Laws”). If the Licensed Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee, and Licensee’s employees who will use the Licensed Software are not a citizen, or otherwise located within, a nation embargoed by the United States (including without limitation: Iran, Syria, Sudan, Cuba, and North Korea), and that Licensee, and Licensee’s employees who will use the Licensed Software, are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the country of Germany whose courts shall have exclusive jurisdiction over disputes arising hereunder.
pdfforge GmbH is a company having its principal place of business at Meßberg 4, 20095, 22767 Hamburg, Germany.
Intellectual Property Ownership¶
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed by the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
Reservation of Rights¶
The Licensor reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to the Licensor intellectual property rights, and to the intellectual property rights of third parties licensed by the Licensor, and do not include any intellectual property rights.
This EULA constitutes the entire agreement between the Licensee and the Licensor relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating to the Licensed Software.
This EULA may only be modified or amended by a writing signed by an authorized officer of the Licensor.
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by the Licensor in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of the Licensor shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Proof of Compliance¶
Within 30 calendar days after request from the Licensor, or the Licensor authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Licensed Software is in conformity with this EULA.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from the Licensor, or the Licensor authorized representative, the Licensor may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to the Licensor all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed.