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.
LICENSE TERMS
Contents
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”);
fonts; and
upgrades, modified versions, updates, additions, and copies of the
Licensed Software, if any (collectively, “Updates”).
Installation
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.
PDFCreator Professional
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 Professional on Windows Enterprise Multi-Session
Windows Enterprise Multi-Session is a remote desktop environment that is only
available in Microsoft Azure. PDFCreator Professional can be used on Windows
Enterprise Multi-Session. One license of PDFCreator Professional is required
per user that will access PDFCreator on Windows Enterprise Multi-Session. The
user license is permitted to float across multiple servers. 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.
PDFCreator Custom
The number of machines and users covered by PDFCreator Custom is defined
in a separate PDFCreator Custom License Agreement.
PDFCreator Server
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.
Resellers
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.
Activation
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.
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
Transfer
Licensee may not sell, assign, or transfer the Licensed Software or the
License granted by this EULA without prior written consent of the
Licensor.
Prohibited Uses
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.
Content
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.
Export Rules
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.
Governing Law
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.
Licensor Address
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.
Complete Agreement
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.
Modification
This EULA may only be modified or amended by a writing signed by an
authorized officer of the Licensor.
Severability
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.
Waiver
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.
Termination
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.