PLEASE READ THIS CAREFULLY. This License Agreement is a legal agreement between You (either an individual or a single entity) and XsPDF.com (hereinafter "XsPDF"). This agreement supersedes any prior version license agreement and governs your use of XsPDF product.
By downloading, installing, implementing or using XsPDF product, You comply with the terms and conditions of this agreement. If you do not agree to all of the terms of this agreement, do not download, install, copy or use XsPDF product.
XsPDF product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. XsPDF owns the title, copyright and other intellectual property rights in the product. XsPDF Product Is Licensed, Not Sold.
1. License Grant
XsPDF grants You the rights described in this License Agreement provided that You agree to all the terms and conditions of this agreement. Except for termination for cause, XsPDF grants to You only, unless otherwise limited by the license purchased or granted, the nonexclusive, nontransferable, perpetual, world-wide right to use XsPDF product in accordance with this agreement.
The licensed version(s) of the Software in the package are royalty free for use in compiled desktop application(s) and web application(s). You agree that you are licensing the Software for its end use only and not for resale or redistribution. Such activities may be performed only by RasterEdge authorized resellers. The redistribution restriction does not apply to the evaluation version of the Software.
XsPDF grants the use of the product according to one of the following license types. Each license type permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works. If the derived work is web application deployed on server, a respective number of Server Licenses should be ordered. If the derived work is desktop(Windows) application deployed on computers, a Windows Application Licenses should be ordered.
1.1 Single Server License. A Single Server License permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works which can be installed on One Server.
1.2 Five Servers License. A Five Servers License permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works which can be installed on Five Servers.
1.3 Ten Servers License. A Ten Servers License permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works which can be installed on Ten Servers.
1.4 Unlimited Server License. An Unlimited Server License permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works which can be installed on Any Number of Servers.
1.5 Windows Application Licenses. A Windows Application Licenses permits Unlimited Developer to use (copies of) XsPDF product to develop unlimited derived works which can be installed on Any Number of Computers(Not Server).
1.6 OEM Licensing. XsPDF provides a flexible OEM licensing program to suite customers' requirements for an OEM integration solution. Please refer to OEM Sales for the OEM / Software Integration Program.
1.7 Documentation. You may make any number of copies (either in hard copy or electronic form) provided that all copies must be used only for internal purposes and may not be republished or distributed externally.
1.8 Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of XsPDF product.
1.9 Reservation of Rights. XsPDF reserves all rights not expressly granted herein.
2. Descriptions of Other Rights and Limitations
2.1 Rental. You cannot rent, lease, or lend XsPDF product without express written permission from XsPDF.
2.2 Termination. Without prejudice to any other rights, XsPDF may terminate this agreement if You fail to comply with the terms and conditions of this agreement. In such event, You must destroy all copies of XsPDF product, including but not limited to backups, all component parts and derived works.
2.3 Consideration. For the rights and license granted in this agreement, You will pay XsPDF the currently published price available at XsPDF.com or another mutually agreed upon amount to appear on a valid invoice.
2.4 Term. The term of this agreement shall continue perpetually from the date of purchase unless terminated according to section 2.2.
2.5 Derived Works. You agree that XsPDF product will not be used to develop derived works that offer similar or competing functionality as the product, or expose the features of the product for use by an unlicensed third party.
XsPDF product and its associated materials are provided in electronic format only. You are responsible for downloading the product from XsPDF website. After confirming your payment, XsPDF will deliver the production package to You. You are advised to keep a backup copy of any download product for future use.
4. Renewal and Updates
4.1 Renewal. A renewal subscription is available to any current version customer and grants the customers to updates of XsPDF product and access to the product fixes for one year. Initial purchase of the product includes a one-year renewal subscription. Therefore, You may renew the subscription annually.
4.2 Updates. If You are using an updated version of XsPDF product, You agree by your installation and use of such version to promise that You will not continue to use the earlier version of the product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this agreement.
5. Warranty and Liability
5.1 Limited Warranty. No Warranties. XsPDF expressly disclaims any warranty for product. XsPDF product and any related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of XsPDF product remains with You.
5.2 Limitation of Liability. No Liability for Consequential Damages. In no event shall XsPDF or its suppliers of resellers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use XsPDF product and related materials, even if XsPDF has been advised of the possibility of such damages.
The license fees and any amounts payable pursuant to the terms and conditions herein are exclusive of any taxes or duties, now in force or enacted in the future, in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by XsPDF, You must pay to XsPDF the amount of such taxes or duties in addition to any fees owed under this agreement.
7. Governing Law
This agreement will be governed and construed in accordance with the laws of the United States and the State of Utah. The courts of the state of Utah shall have exclusive jurisdiction and venue over any dispute, proceeding, or action arising out of or in connection with this agreement or your use of XsPDF product.
8. Further Instruments
Except as otherwise expressly provided in this agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this agreement.
9. Agreement Updates
XsPDF may make updates and changes to this agreement from time to time. Such changes will be posted on XsPDF website at http://www.xspdf.com/license-agreement.html as well as distributed with XsPDF product. Such changes or updates will become effective immediately. You are bound by the terms of the agreement as it is posted or distributed at the most recent time You install XsPDF product or updates. If You elect not to be bound by the terms of the new agreement, You should not install any updates or additional product(s).
10. Entire Agreement
This License Agreement is the entire agreement between You and XsPDF relating to the license of XsPDF product and the support services (if any) You purchase hereunder and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the product or any other subject matter covered by this agreement. To the extent the terms of any XsPDF policies or programs for support services conflict with the terms of this agreement, the terms of this agreement shall control.