READ CAREFULLY BEFORE COPYING, INSTALLING OR USING THIS SOFTWARE.
This Software License Agreement (hereinafter "this Agreement") is a legal agreement between you, the customer or licensee (either an individual or a legal entity that directly or indirectly acquires this Software for installation on its application/system) and RealObjects GmbH. The copyright of this software (hereinafter "the Software" or "PDFreactor®") and its associated documentation (including any files, source code, images, photographs, animations and text incorporated into the Software, but excluding any third-party software and/or open source software) as well as any accompanying written materials is owned by RealObjects GmbH ("the Owner" or "RealObjects") whose registered office is at Altenkesseler Str. 17/B6, 66115 Saarbruecken, Germany, and is protected by German copyright laws and regulations and, as far as these are implemented into German law, by international treaties.
By downloading, installing, copying or otherwise using the Software, you agree with the Owner to be bound by the terms and conditions of this Agreement, which will govern your use of the Software. If you do not agree to this Agreement, do not download, install or use the Software. Any offence against this Agreement will be prosecuted to the fullest extent of the law. You will be held responsible for any employees or users who receive the Software and in turn make unauthorized copies.
You may copy the Software to another disk or media, for the purpose of backup protection only in the event of a system wide crash. Installation of the Software onto a system that you use, means that you have accepted and agreed to the terms that govern the use of copyrighted software.
RealObjects grants to you and you accept, subject to the terms and conditions set out in this Agreement, a nonexclusive, nontransferable, nonsublicensable, and revocable right to use the Software solely and strictly in accordance with the following conditions and restrictions. You hold full responsibility for assuring that all users of the Software provided access under the provisions of the Software license adhere to all provisions and prohibitions of this Agreement.
CPU License. Use the Software on 1 (one) physical or virtual machine in an Intranet/Extranet, or over an Internet installation with non-anonymous or anonymous users. The use is limited to the number of CPU/Core licenses bought with/for the Software. Absent a purchase of additional CPU/Core rights, this Software may be used only on the licensed physical or virtual machine containing up to 4 (four) CPUs/Cores as indicated by the Java VM. One CPU/Core license is required for each CPU/Core of the machine running your application/system which embeds PDFreactor®. Licenses for additional CPUs/Cores can be bought from RealObjects. It does not matter how PDFreactor® is technically separated from your application/system. Regardless of where or how PDFreactor® is loaded, all CPUs/Cores that serve the application/system which embeds PDFreactor® must be licensed. A CPU License includes access for an unlimited number of users to connect from either inside the corporate local area network (LAN), wide area network (WAN), or outside the firewall.
Active/Passive. The only permissible exception to the above requirements for a CPU License is a purely passive machine or server in an active/passive fail-over cluster. If the Software is used in a clustered environment, the licensee may use the Software on a temporary basis on a machine or server that is employed only for fail-over support (the "passive machine or server") as long as the number of CPUs/Cores on the passive machine or server does not exceed the number of CPUs/Cores on the licensee’s primary active machine or server. In this configuration, the passive machine or server does not require a CPU License. Active/active configurations require licensing both machines or servers as usual.
Multiplexing using Middleware and Multi-Tiered Architecture. Multiplexing is the use of hardware and/or software to reduce the number of devices that directly access or use the Software on a particular machine or server. An example of multiplexing is a server application that calls a process on one server, which in turn pulls data from the Software on another server. The client computer has a direct connection to the server running the process, but it also has an indirect connection to the other server because it is ultimately retrieving and using the Software data through the server running the process. Use of such multiplexing, pooling, or related hardware and/or software does not reduce the number of CPU Licenses required for the Software. Regardless of how many tiers of hardware or software exist between the server(s) and the client devices that ultimately use its data, services, or functionality, a CPU License is required for each distinct input to the multiplexing, pooling, or related software or the hardware front end.
You are not permitted to:
(a) make copies of, or distribute any parts of the Software, except for backup, archival and disaster recovery purposes.
(b) rent, lease, sub-license, loan, copy, modify, alter, adapt, merge, translate, reverse engineer, decompile, or re-package the Software into another product, or to disassemble it or create derivative works, based on the whole, or any part, of the Software or its associated documentation. Reverse engineering and modification however is permitted for those parts of the Software that are based on third-party software and/or open source software which is licensed under a different license, but only if required by that license or in case of statutory provisions.
(c) copy the Software for the purpose of illegal distribution.
RealObjects will provide you with an unlock key which enables the use of the Software license. The information contained in the unlock key will include among others the type of license and the number of licensed CPUs/Cores. You might also have to provide the name(s) of the machine(s) on which the Software will be installed. RealObjects further reserves the right to introduce and use appropriate license enforcement techniques in its software, which are designed to prevent illegal use or distribution of the Software. The license enforcement techniques might require activation of the Software license. This may require establishing a temporary network connection to a RealObjects web service. RealObjects reserves all rights to modify the license enforcement techniques used in the Software at any time.
If you possess an evaluation or demonstration license of the Software, you may download, install and use the Software on your machine for evaluation or demonstration purposes only. You are not allowed to use the evaluation or demonstration license for commercial or production purposes. The evaluation and demonstration licenses might be time limited and may include other restrictions in terms of functionality.
Application Service Provider (ASP). An ASP is a service firm which deploys, manages, and delivers application capabilities to multiple entities from a data center, across a wide area network, and/or through centrally-located machine(s) or server(s) under a "rental" or lease agreement, free of charge or at cost. Except for the limitation described below, the CPU License of the Software can be utilized as part of an ASP service offering whereby you provide web-based software and hosting of that software for use by third parties for a fee or free of charge.
Limitation of ASP utilization. You are not permitted to use the CPU License of the Software as part of your ASP service in order to offer XML/XHTML/HTML + CSS printing functionality, which substantially duplicates the functionality of the Software. PDFreactor® functionality as part of any kind of ASP offering is only permitted as long as the PDFreactor functionality remains an inferior functionality as part of a superior ASP feature set and/or service.
All of your rights und the Software license are contingent upon your payment of all applicable license fees. If such fees have not been paid prior to your acceptance of the Software license, you agree to pay such fees promptly thereafter and before using the Software
The 1 Year Support & Maintenance subscription entitles you to receive priority technical support and all maintenance releases or updates or upgrades for the duration of the support period. The subscription for year 1 is covered through the purchase of the Software license or the related upgrade. It is optional for year 2 and beyond. You can renew the 1 Year Support & Maintenance until the end of the Support Period.
If you possess a valid 1 Year Support & Maintenance subscription for the Software license, you will receive the Software and all maintenance releases or updates or upgrades for the duration of the Support Period, which may or may not include additional features. Updates and maintenance releases cover the minor releases within the same major version of the Software that you have purchased. Upgrades to the next major version are also included in this maintenance. In addition, RealObjects will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a web-based support form only, and RealObjects will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during RealObjects’ business hours (Mo - Fr, 09:00 - 18:00 CET, German holidays excluded).
Whether or not you have purchased the 1 Year Support & Maintenance subscription, technical support only covers issues or questions resulting directly out of the operation of the Software and RealObjects will not provide you with generic consultation, assistance, or advice under any circumstances.
Updating the Software may require the updating of software not covered by this Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by RealObjects under this Agreement.
RealObjects’ obligations under this Article 3 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Agreement at all times. RealObjects shall be under no obligation to provide the above technical support if, in RealObjects’ opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the Software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without RealObjects’ written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; or (iv) your failure to maintain the Software at RealObjects’ specified release level.
It will be your responsibility to: (i) comply with all RealObjects-specified operating and troubleshooting procedures and then notify RealObjects immediately of the Software malfunction and provide RealObjects with complete information thereof; (iii) provide for the security of your confidential information; (iv) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.
This Agreement is effective until you terminate it by destroying the Software and/or its documentation, together with all copies. This agreement will also terminate if you fail to abide by its terms. Upon termination, you agree to destroy all copies of the Software, and its documentation, including any of the Software stored on the hard disk of any server/computer under your control.
The use of the Software and all your rights under this Agreement are contingent upon your payment of all applicable license fees. Any use of the Software without paying the applicable license fees is a breach of this Agreement and results in termination of the Software license.
The Software is licensed to you. You do not own it. The Owner shall at all times retain ownership of the Software as well as all subsequent copies thereof, regardless of form or storage medium. The owner also retains the title, and all proprietary rights to the Software, including, but not limited to, all patent, copyright, trade secret, service marks, registered service marks, trademark or registered trademark rights.
You agree to protect the confidentiality of the Software, the documentation as well as any accompanying written materials. You agree that you will not provide a copy of the Software or documentation or any accompanying written materials nor divulge any proprietary information of RealObjects to any person, other than your employees, without the prior consent of RealObjects. You shall use the best efforts to see that any user of the Software licensed hereunder complies with all provisions and prohibitions this Agreement. The Software may include third-party software and/or open source software which may have its own copyright and its own applicable license conditions. In order to use the Software you must accept and comply with those license conditions. The third-party and/or open source licenses may be found in the "license" directory of the Software, other materials accompanying the software package, the documentation or corresponding source files at www.realobjects.com.
The Software is not designed or intended for use in hazardous environments requiring failsafe controls, including without limitation operation or maintenance of any nuclear facilities, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications, and life support or weapons systems, in which the failure of the Software could lead to death, personal injury, or serve physical or environmental damage. RealObjects specially disclaims any express or implied warranty of fitness for such high-risk activities.
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption. The warranties provided in this License do not cover any damage or losses resulting from data loss or corruption.
THE OWNER DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE PROVIDED. THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED "AS IS", WITHOUT WARRANTY OF ANY KIND.
NOTWITHSTANDING THE FOREGOING, IN CASE OF A WARRANTY CLAIM, REALOBJECTS SHALL BE ENTITLED AT ITS DISCRETION TO EITHER REMEDY THE FAULT OR TO MAKE A SUBSTITUTE DELIVERY. IF A SUBSEQUENT IMPROVEMENT FAILS, OR IF NO SUBSTITUTE DELIVERY IS MADE WITHIN A REASONABLE TIME THE LICENSEE SHALL BE ENTITLED TO ASSERT HIS RIGHT TO CANCELLATION OF THE CONTRACT OR DIMINUTION OF THE PURCHASE PRICE WITH RESPECT TO THE DEFECTIVE CONTRACT SOFTWARE.
DAMAGE CLAIMS AS A RESULT OF CULPA IN CONTRAHENDO, BREACH OF CONTRACT OR TORTIOUS ACTS AGAINST REALOBJECTS ARE EXCLUDED EXCEPT (I) IN CASES OF WRONGFUL INTENT OR GROSS NEGLIGENCE, (II) IN THE EVENT OF AN ASSUMPTION OF AN EXPRESS QUALITY GUARANTY (IN GERMAN: BESCHAFFENHEITSGARANTIE) OR AN EXPRESS DURABILITY GUARANTY (IN GERMAN: HALTBARKEITSGARANTIE), AND/OR (III) DAMAGES CAUSED BY ANY HARM TO LIFE, BODY OR HEALTH. THIS EXCLUSION SHALL NOT APPLY IN CASES OF ORDINARY NEGLIGENCE IF MATERIAL CONTRACTUAL OBLIGATIONS HAVE BEEN VIOLATED, BUT IN THIS CASE EACH PARTY SHALL BE LIABLE ONLY FOR COMPENSATION OF TYPICAL, FORESEEABLE DAMAGES. ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES E.G. LOST PROFITS SHALL BE EXCLUDED IN ALL CASES. IN NO EVENT SHALL THE OWNER’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
THE ABOVE PARAGRAPH APPLIES TO REALOBJECTS, ITS LEGAL REPRESENTATIVES, EXECUTIVES AND OTHER EMPLOYEES AND ITS VICARIOUS AGENTS. COMPULSORY LIABILITY IN ACCORDANCE WITH THE PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED BY THIS.
REALOBJECTS SHALL NOT BE HELD LIABLE FOR BREACH OF CONTRACT OR DELAY IN THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS, WHICH CAN BE ASCRIBED TO LAWFUL STRIKES OR LAWFUL LOCKOUTS, ANY SHORTAGES, FAILURE OF SUPPLIERS, PUBLIC DISORDER, RIOTS, FIRE, INUNDATION, STORM, EARTHQUAKE, WAR, ACTS OF GOVERNMENT, WORKING CONDITIONS OR OTHER REASONS OUTSIDE THE CONTROL OF THE RELEVANT PARTY.
(1) Entire Agreement. This Agreement is not intended to create, and does not create, any partnership, joint venture, agency, fiduciary, employment, or other relationship between the parties, beyond the relationship of independent parties to a commercial contract. Neither party is, nor will either party hold itself out to be, vested with any authority to bind the other party contractually, or to act on behalf of the other party as a broker, agent, or otherwise.
(2) Headings. Headings under this Agreement are intended only for convenience and shall affect the interpretation of this Agreement.
(3) Waiver. The waiver or failure of either party to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of the parties set forth in this Agreement are in addition to any rights or remedies the parties may otherwise have at law or equity.
(4) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.
(5) Governing Law and Jurisdiction. This Agreement and the parties’ respective performance hereunder will be governed by German laws and regulations and, as far as these are implemented into German law, by international treaties. RealObjects and licensee hereby agree on behalf of themselves, and any person claiming by or through them, that the sole jurisdiction and venue for any litigation arising from or relating to this Agreement will be an appropriate court located in Germany, and licensee specifically waives any objection that such jurisdiction and venue constitute an inconvenient forum.
(6) Contact Information. If you have any questions about this Agreement, or if you want to contact RealObjects for any reason, please direct all correspondence to: RealObjects GmbH, Altenkesseler Str. 17/B6, 66115 Saarbruecken, Germany or e-mail to info@realobjects.com
(7) Other. “PDFreactor” is a trademark and/or registered trademark of RealObjects in Germany and/or various jurisdictions.
(8) Survival. Articles 4, 6, 7, 8, 9 and 10 will survive any termination of this Agreement.
June 2010
RealObjects GmbH
Altenkesseler Str. 17/B6
66115 Saarbruecken
Germany
Telephone: +49 (0)681 985 790
Facsimile: +49 (0) 681 985 7929
E-mail:
info@realobjects.com
www.realobjects.com
Copyright © RealObjects GmbH. All rights reserved.