A copy of this license is included with your distribution of
PDFTextStream™ Software.
SNOWTIDE™ INFORMATICS SYSTEMS, INC.
PDFTEXTSTREAM™ SOFTWARE END USER LICENSE AGREEMENT
("EULA")
IMPORTANT:
• NEVER
USE THE SOFTWARE TO VIOLATE ANYONE’S INTELLECTUAL PROPERTY OR OTHER RIGHTS.
• THIS
EULA IS A CONTRACT BETWEEN YOU AND SNOWTIDE. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE
AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE,
YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO BE BOUND, DO NOT
INSTALL OR USE THE SOFTWARE.
1. Definitions
(a) "Snowtide"
means Snowtide Informatics Systems, Inc. and its suppliers and licensors, if
any.
(b) "Trial
Version" means a version of the Software to be used only to review and
evaluate the Software. The Trial
Version may have limited functionality and may alter output to identify that
that output was generated by a Trial Version.
(c) "Software"
means the PDFTextStream™ software program and third party software program(s)
supplied by Snowtide with it, which may also include associated media, printed
materials, and electronic documentation. The Trial Version is also “Software”
under this EULA.
(d) "Production
Environment" means a single computer system used to provide capabilities
and features to the public or to the end users of your products or services.
2. License
This EULA allows you to:
(a) Absent
a purchased license key, evaluate the Software for potential future inclusion
in your products or services, where such evaluation may not include using the
Software in any Production Environment
(b) Install
and use the Software on a single Production Environment OR store the Software
on a storage device, like a network server, used only to install the Software
on other Production Environments over an internal network, provided you have a
license key for each Production Environment on which the Software is installed
and run. A license key for the
Software may not be shared or used concurrently on different computers.
(c) Make
one copy of the Software in machine-readable form only for backup purposes. You
must reproduce all copyright notices and other proprietary legends on the
original copy of the Software on each copy.
3. License
Restrictions
(a) Except
as allowed by Section 2, you may not make or distribute copies of the Software
or electronically transfer the Software from one computer to another or over a
network.
(b) You
may not decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
(c) You
may not rent, lease, or sublicense the Software.
(d) You
may not redistribute the Software as part of another application.
(e) You
may permanently transfer all of your rights under this EULA provided you keep no copies, you
transfer all of the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and the serial numbers or license
files), and the recipient agrees to this EULA. If the Software is an upgrade,
any transfer must include all prior versions of the Software. You may not sell or transfer any Software
purchased under a volume discount.
(f) You
may not modify the Software or create derivative works based upon the Software.
(g) You
may not export the Software into any country prohibited by the United States
Export Administration Act and the regulations thereunder.
(h) It
is possible to use the Software (and many other programs) to violate the
intellectual property and other rights of others. No permission for any such
use is given by this EULA. You agree to hold Snowtide harmless and pay all
costs including attorney fees because of your use of the Software.
(i) If
you fail to comply with this EULA, Snowtide may terminate the license and you
must destroy all copies of the Software.
4. Upgrades
If this copy of the Software is an upgrade from an earlier
version of the Software, it is provided to you on a license exchange
basis. Your installation and use
of this copy of the Software means you have voluntarily terminated your earlier
EULA and that you will not continue to use the earlier version of the Software
or transfer it unless the transfer complies with Section 3.
5. Ownership
This EULA gives you a limited license to use the Software.
Snowtide and its suppliers retain all right, title and interest, including all
intellectual property rights, in and to the Software and all copies . All
rights not specifically granted in this EULA, including U.S. and International
Copyrights, are reserved by Snowtide and its suppliers.
6. LIMITED
WARRANTY AND DISCLAIMER
(a) LIMITED
WARRANTY. Snowtide warrants that
for ninety (90) days from the date of delivery (as evidenced by a copy of your
purchase receipt): (i) when used with a recommended hardware and software
configuration, the Software will perform substantially according to the
documentation supplied with the Software; and (ii) any physical media on which
the Software is furnished is free from defects in materials and workmanship
under normal use.
(b) NO
OTHER WARRANTY. EXCEPT AS SET
FORTH ABOVE, SNOWTIDE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED,
OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THERE IS NO
WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES OTHER THAN WHAT IS GRANTED HERE, ALL SUCH WARRANTIES
ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SNOWTIDE, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES CREATES A WARRANTY OR INCREASES THE SCOPE OF THIS WARRANTY.
(c) (USA
ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7. Exclusive
Remedy
Your exclusive remedy under Section 6 is to return the
Software to the place you acquired it, with a copy of your receipt and a
description of the problem. Snowtide will use reasonable commercial efforts to
supply you with a replacement copy of the Software that substantially conforms
to the documentation, provide a replacement for defective media, or refund your
purchase price for the Software, at its option. Snowtide will not be liable
under this provision if the Software has been altered in any way, if the media
has been damaged by accident, abuse or misapplication, or if the failure arises
out of using the Software with other than a recommended hardware and software
configuration.
8. LIMITATION
OF LIABILITY.
(a) SNOWTIDE
SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR THE LIKE) ARISING FROM USING OR NOT BEING ABLE TO USE,
THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF SNOWTIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF THE REMEDY ALLOWED IN THIS EULA FAILED OF ITS ESSENTIAL PURPOSE.
(b) SNOWTIDE'S
TOTAL LIABILITY FOR ACTUAL DAMAGES FOR ANY REASON WILL BE LIMITED TO THE
GREATER OF $500 US DOLLARS OR THE AMOUNT YOU PAID FOR THE SOFTWARE THAT CAUSED
THE DAMAGE.
(c) (USA
only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE.
9. Basis of
Bargain
The Limited Warranty, Exclusive Remedies and Limited
Liability set forth above are fundamental elements of this EULA. Snowtide would
not be able to provide the Software on an economical basis without such
limitations.
10. U.S.
GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with
RESTRICTED RIGHTS. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995),DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR
52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Snowtide Informatics Systems, Inc, 243 King
Street, Suite 248, Northampton, MA
01060.
11. (Outside of
the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability
contained in this EULA do not affect or prejudice the statutory rights of a
consumer, i.e., a person acquiring goods otherwise than in the course of a
business, subject to Section 12.
12. General
Provisions
This EULA is governed by the laws of the State of
Massachusetts, without giving effect to principles of conflict of laws. If the
Software is delivered outside the USA, the UN Convention for the International
Sale of Goods does not apply to this EULA. This EULA is the full agreement
between the parties and supersedes all other agreements or understandings,
whether oral or written. All questions about this EULA must be directed to:
Snowtide Informatics Systems, Inc, 243 King Street, Suite 248, Northampton, MA 01060, Attention: General Counsel.
13. Third Party
Software
Certain third party software is incorporated into the
Software, as enumerated in Appendix A of this EULA.
Snowtide and PDFTextStream are trademarks or registered
trademarks of Snowtide Informatics Systems, Inc. in the United States and/or
other countries. Third party
trademarks, trade names, product names and logos may be the trademarks or
registered trademarks of their respective owners.
14. Delivery
The Software has been delivered to you by internet
transmission at the address you registered with Snowtide. If the law of the
jurisdiction where the Software was delivered to requires the payment of any
sales, use, VAT or other tax on the purchase, use or ownership of the Software,
you are responsible for reporting the purchase and paying any such taxes and
you agree to indemnify Snowtide from any liability or expense in connection
with your failure to do so.
15. ARBITRATION
Any action arising out of this EULA, its formation,
validity, breach or relating to the subject of this EULA must be filed within
one year after the cause of action accrues through the American Arbitration
Association under its Commercial Arbitration Rules and the optional rules for
emergency measures of protection before one arbitrator who shall be an attorney
experienced in trade secret law and matters relating to computer software. All
hearings shall be in Northampton, Massachusetts or by telephone or
videoconference at the order of the arbitrator. The arbitrator is authorized to
issue equitable and legal remedies including preliminary and permanent
injunctions. If an action is brought to compel arbitration or enforce the terms
of any interim or final order of the arbitrator it may be brought in any court
with jurisdiction over the person or property of either party and each party
hereby irrevocably agrees to be subject to the jurisdiction of any such court.
Any action to compel arbitration or enforce an arbitration order or award shall
be governed by the Federal Arbitration Act, this EULA being in interstate
commerce. The arbitrator is not empowered to grant damages in any form or
amount in excess of the payments required under this EULA. This arbitration
provision shall be a complete defense to any suit, action or proceeding.
Nothing in this arbitration provision shall give the arbitrator any authority
to alter, change, amend, modify, add to or subtract from any provision of this
EULA. ALL PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY.
*Appendix A - Third Party Software*
The following is a list of certain third party software
incorporated in the Software; any additional terms and conditions solely
associated with such third party software are further indicated:
(a) TIFFFaxDecompressor, Copyright (c) 2005 Sun
Microsystems, Inc. All Rights Reserved.
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following conditions are
met:
- Redistribution of source code must retain the above
copyright notice, this list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. or the names of
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
This software is provided "AS IS," without a
warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MIDROSYSTEMS,
INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS
SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed or
intended for use in the design, construction, operation or maintenance of any
nuclear facility.
(b) Apache Commons-Logging, Licensed under the Apache
License, Version 2.0, available at http://commons.apache.org/license.html