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Last Revised: May 12th,
2011
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IMPORTANT: READ CAREFULLY: This Aspose
End User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Aspose for the materials
accompanying this EULA, which may include computer software, associated media,
printed materials, and "on line" or electronic documentation
("Software") and source files, resource files, project and solution
files ("Source Code") for Software, collectively "the
Product".
BY INSTALLING, DOWNLOADING, COPYING
OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, DOWNLOAD,
COPY OR USE THE PRODUCT.
PRODUCT LICENSE
The
Product is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. Aspose or its suppliers
own the title, copyright and other intellectual property rights in The Product.
The Product is licensed, not sold.
- DEFINITIONS.
- “Application Programming Interface”
or “API” means a publicly
accessible interface defining the ways by which an application program
may request services from libraries and/or software.
- “Software as a Service” or “SaaS” means a model of software
deployment whereby a provider licenses an application to customers for
use as a service on demand.
- “Software Development Kit” or “SDK” means a set of development
tools that allows a software engineer to create applications for a
certain software package, software framework, hardware platform, computer
system, video game console, operating system, or similar platform.
- “Derived Works” means works based
upon or using the Product.
- “License” means use of the
Product.
- “Subscription” means access to
Software Updates.
- GRANT OF LICENSE. Aspose grants you the rights
described in this EULA provided that you comply with all the terms and
conditions of this EULA:
- General Software License Grant. Aspose grants use
of the Product according to one of the license types below as identified
in the Product title.
i. Evaluation
License. An
Evaluation license is a non-exclusive evaluation license to use the Product for
evaluation purposes only. With an
evaluation license the Product is fully functional except the results produced will
include an Aspose watermark or a feature limitation, specified by the Product documentation.
When using an evaluation license the
Product is strictly prohibited from being used in the production of any Derived
Works. Any violation of this provision shall require a mandatory purchase of
any required license, as well as expose the user to other legal recourse for
collection and punitive damages. If you do not agree to these terms, do not
evaluate the Product and remove it from your computer immediately.
ii. Developer
Small Business License.
A Developer Small Business license licenses one (1) developer to create an
unlimited number of Derived Works using the Product. One Developer license must
be purchased for each developer using the Product to create Derived Works. A Developer Small Business license allows
deployment of any number of Derived Works, not including SaaS, using the
Product, to one (1) physical location.
iii. Developer
OEM License.
A Developer OEM license licenses one (1) developer to create an unlimited
number of Derived Works using the Product. One Developer OEM license must be
purchased for each developer using the Product to create Derived Works. A
Developer OEM license allows royalty-free deployment of any number of Derived
Works, including
SaaS, using the Product, to unlimited physical locations.
iv. Site
Small Business License.
A Site Small Business license licenses up to ten (10) developers to create an
unlimited number of Derived Works using the Product. A Site Small Business license
allows deployment of any number of Derived Works, not including SaaS, using the
Product, at up to ten (10) physical locations.
v. Site
OEM License.
A Site OEM license licenses up to ten (10) developers to create an unlimited
number of Derived Works using the Product. A Site OEM license allows royalty-free
deployment of any number of Derived Works, including SaaS, using the
Product, to unlimited physical locations.
- General Source Code License Grant. If Source Code
accompanies the Product, Aspose grants to you one (1) personal,
nontransferable, nonexclusive, royalty-free license to make and use
copies of the Source Code and install such Source Code on any number of
your computers (i) for your internal use , (ii) to design, develop and
test your software products. You may not redistribute the Source Code, or
any component thereof, whether modified or not to any third party.
- Documentation. With respect to electronic
and other documentation, you may make any number of copies (either in
hard copy or electronic form) provided that such copies shall be used
only for internal purposes and are not republished or distributed externally.
- Disassembly. You may not reverse engineer,
decompile, disassemble or in any other way try to gain access to
information regarding the construction of The Software.
- Reservation of Rights. Aspose reserves all rights
not expressly granted herein.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Derived Works and Redistribution
i. The Product may not be
distributed in any form that allows it to be reused by any application other
than your derived work.
1.
The
Product may not be included as part of a SDK.
2.
The
Product may not be used to develop Derived Works that offer similar
functionality as the Product, or expose features of the Product through an API for
use by an unlicensed third party.
ii. The Product may not be
used to develop Derived Works that offer similar functionality as the Product for
any development platform, including but not limited to: .NET, Java, SQL
Reporting Services, JasperReports, SharePoint, Microsoft Dynamics, Microsoft
Azure, Amazon Web Services (“AWS”) or Google App Engine.
iii. For a period of one (1) year
(365 days) from the date of purchase, you agree not to create software,
independent of the Product, which might directly compete with Aspose products.
iv. Aspose is not obligated to
provide support for works derived from the Product.
v. Distribution of the Source
Code in any form, with or without modifications, is strictly prohibited.
vi. Works derived from the
Product may not be called "Aspose", nor may "Aspose" appear
in their name, without prior written permission from Aspose.
vii. The name "Aspose"
must not be used to endorse or promote products derived from the Product
without prior written permission. For written permission, please contact sales@aspose.com.
- Rental. You may not rent, lease, or
lend the Product without express written permission from Aspose.
- Termination. Without prejudice to any
other rights, Aspose may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must destroy
all copies of the Product, including but not limited to the Source Code,
backups and all of its component parts and Derived Works.
- Survival. Unless this Agreement
expressly provides otherwise or by its nature a provision cannot survive
this agreement, the provisions of this Agreement shall survive the
expiration or any termination of this Agreement.
- Consideration. For the rights and license
granted in this EULA, including both the General Software License and the
General Source Code License, you will pay Aspose the currently published
price available at Aspose.com or another mutually agreed upon amount to
appear on a valid invoice.
- Term. The term of this EULA shall continue perpetually
from the date of purchase unless terminated according to the provisions
in Section 3(c).
- Consent to Use of Data. You agree that Aspose and its
affiliates may collect and use technical information, excluding any
Confidential Information, gathered as part of the Product support
services provided to you, if any, related to the Product. Aspose may use
this information solely to improve our products or to provide customized
services or technologies to you. Aspose may disclose this information,
excluding any information explicitly declared as Confidential
Information, to others but not in a form that personally identifies you.
- SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION.
- A Subscription
entitles the purchaser to updates of the Product for a period of one (1)
year (365 days) following the purchase of the Product.
- Aspose may, in its
sole discretion, provide technical support, updates and/or supplements of
the Software and/or related information ("Updates") to you
hereunder, in which case such Updates shall also be deemed to be included
in the Product and therefore governed by this EULA, unless other terms of
use are provided by Aspose with such Updates.
- Aspose reserves the
right to discontinue the Product at any time, whether it is offered
individually or as a part of a product suite.
- Aspose reserves the
right to discontinue all technical support for the Product at any time.
- If for any reason
Aspose decides to discontinue the Product they will provide the following
remedy to valid Subscription holders:
i. Aspose will announce
product discontinuation through the Monthly Aspose Customer Newsletter, which
is also available at http://www.aspose.com for
Newsletter non-subscribers. It is your responsibility to check Newsletter
contents for notice of product discontinuation. Notice will be given at least fifteen
(15) days prior to the discontinuation of the Product, and you will be provided
with technical support for the remainder of your Subscription.
- If for any reason,
including insolvency or dissolution, Aspose is unable to remain in
business they will provide the following remedy to each license owner:
i. Aspose will make a
reasonable effort to notify you at least thirty (30) days prior to close of
business, and you will be provided with the Product Source Code for the Product
you own licenses for.
- SOFTWARE DELIVERY. The Product and any associated
materials are provided in electronic format only. You are responsible for downloading the
Product from the Aspose website: http://www.aspose.com. Upon purchase Aspose shall deliver to you
an electronic license file which will enable the Product to function in
the purchased license capacity.
- UPGRADES. If this copy of the Product is
an upgrade from an earlier version of the Product, it is provided to you
on a license exchange basis. You agree by your installation and use of
such copy of the Product to voluntarily terminate your earlier EULA and
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 EULA.
- INTELLECTUAL PROPERTY RIGHTS. All title and
intellectual property rights in and to the Product (including but not
limited to any images, photographs, animations, video, audio, music, text
and "applets" incorporated into the Product and any copies of the
Product that you are expressly permitted to make herein) are owned by Aspose
or its suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of the Product are the property
of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA
grants you no rights to use such content. All title and intellectual
property rights in and to your modifications to the Product, are owned by
you provided that such modifications are made available to Aspose free of
charge and royalty-free for inclusion in later releases of the Product.
All rights not expressly granted are reserved by Aspose.
- NONDISCLOSE AND NONCOMPETITION.
- Both parties
recognize that the other party may obtain proprietary and/or confidential
information (“Confidential Information”) in the course of the business
relationship defined herein. Each party therefore agrees that it will not
disclose the Confidential Information of the other party to any third
party (i) except as provided for in this EULA or as necessary to pursue
and implement the business relationships defined herein; (ii) to its
responsible employees and professional advisors with a bona fide need to
know and whom are bound by agreement or law to keep such information
confidential; (iii) as authorized by the other party in writing or (iv)
to the extent required by applicable law, court, or government agency,
provided that the receiving party promptly notifies the disclosing party
thereof and cooperates with any efforts by the disclosing party, at the
disclosing party’s expense, to limit such disclosure by means of seeking
a protective order or requesting confidential treatment.
- The parties agree
that any party that violates this Section 8 shall pay, liquidated damages
of no less than four (4) times the purchase price or seven thousand
dollars ($7,000.00 USD) whichever is more if any violation of this
Section 8 is proved in a court of law or admitted plus any direct,
indirect, or actual damages.
- LINKS TO THIRD PARTY SITES. You may link to
third party sites through the use of the Product. The third party sites
are not under the control of Aspose, and Aspose is not responsible for the
contents of any third party sites, any links contained in third party
sites, or any changes or updates to third party sites. Aspose is not
responsible for webcasting or any other form of transmission received from
any third party sites. Aspose is providing these links to third party
sites to you only as a convenience, and the inclusion of any link does not
imply an endorsement by Aspose of the third party site.
- LIMITED WARRANTY AND DISCLAIMER.
- Except with respect
to an evaluation version of the Product, Aspose warrants that, for a
period of thirty (30) days from the date of delivery (as evidenced by a
copy of your receipt): (i) when used with a recommended hardware
configuration, the Product will perform in substantial conformance with
the documentation supplied with the Product; and (ii) the physical media
on which the Product is furnished, if any, will be free from defects in
materials and workmanship under normal use.
- ASPOSE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER
EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION
VERSION OF THE PRODUCT IS PROVIDED "AS IS".
- ASPOSE AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ASPOSE DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR
LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS,
INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ASPOSE
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
SUCH PURPOSES.
- IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASPOSE,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
- EXCLUSIVE REMEDY. Your exclusive remedy under
the preceding is to return the Product to the place you acquired it, with
a copy of your receipt and a description of the problem. Provided that any
non-compliance with the above warranty is reported in writing to Aspose no
more than thirty (30) days following delivery to you, Aspose will use
reasonable commercial efforts to supply you with a replacement copy of the
Product that substantially conforms to the documentation, provide a
replacement for defective media, or refund to you your purchase price for the
Product, at its option. Aspose shall have no responsibility if the Product
has been altered in any way, if the media has been damaged by misuse,
accident, abuse, modification or misapplication, or if the failure arises
out of use of the Product with other than a recommended hardware
configuration. Any such misuse, accident, abuse, modification or misapplication
of the Product will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR
BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT.
- LIMITATION OF LIABILITY.
- Except with regard
to: (i) breach of confidentiality obligations; and (ii) any costs
associated with the defense, chosen by Aspose, and settlement, to the
infringed upon party, of an intellectual property right claim.
- NEITHER ASPOSE NOR ITS SUPPLIERS SHALL BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING
OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON ANY
THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ASPOSE
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
- ASPOSE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES,
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
THE PRODUCT THAT CAUSED SUCH DAMAGE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE
INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER
ASPECTS OF THIS EULA.
- INDEMNITY. You agree to hold Aspose
harmless against, and at your expense handle and defend, any claim and
defend any third party suit brought against you based upon an allegation
that any software developed by you and included in Derived Works produced
using the Product constitutes an infringement of any international patent,
or any copyright or other proprietary or intellectual property right. You
shall pay all damages and costs awarded in such suit.
Aspose will indemnify, defend and
hold you, and/or your and/or its affiliated and/or subsidiary companies
harmless against any claims, legal actions, losses and other expenses arising
out of or in connection with any claims that the Product and/or related documentation
infringes or violates any intellectual property right of any third party
("Claim"), on the condition that you notify Aspose promptly of the Claim
and give Aspose sole control of the defense and negotiations for its settlement
or compromise. If you become, or may become, prohibited from continued use of the
Software and/or the Product by reason of an actual or anticipated Claim, Aspose
will use its reasonable efforts to
a. obtain
for you the right to use the Software and/or the Product, or
b. replace or modify such Software and/or the Product so that it
is no longer subject to a Claim, but performs the same functions in an
equivalent manner.
c. In the event that Aspose determines, in its sole discretion,
that neither (a) nor (b) is commercially reasonable, Aspose shall refund the
residual value of the license fees paid by you for the infringing Product or
Software, depreciated using a straight line method of depreciation over a
forty-eight month period from the date of delivery of the Product to you.
- TAXES. The license fees and any other amounts payable
pursuant to the terms and conditions herein are exclusive of all national,
state, regional, local municipal or other taxes and fees including, but
not limited to, excise, sales, use, property, ad valorem, intangibles,
goods and services and value added taxes, customers duties and
registration fees, now in force or enacted in the future, and all such
taxes and fees, except taxes based on Aspose’s net worth, capital or net
income, shall be paid directly by you, or if paid by Aspose, you will
reimburse Aspose.
- NO WAIVER. No action taken by either
party pursuant to this EULA, and no waiver by either party, whether
express or implied, of any provision or right in this EULA or any breach
thereof, and no failure of either party to exercise or enforce any of its
rights under this EULA, will constitute a continuing waiver with respect
to such provision or right or as a breach or waiver or any other provision
or right, whether or not similar.
- SEVERABILITY. If any covenant or provision
of the EULA is determined to be void or unenforceable in whole or part,
then such void or unenforceable covenant or provision shall be deleted
from this EULA and shall not effect or impair the enforceability or
validity of any other covenant or provision of this EULA or any part
thereof.
- GOVERNING LAW. This Agreement is made in the
State of New South Wales, Australia and shall be governed in
accordance with the laws of the New South Wales,
Australia.
Any lawsuit filed regarding this Agreement shall be filed in New South Wales, Australia. The parties further
agree that the law of New South Wales, Australia
shall apply in such a lawsuit. The United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this Agreement.
- 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.
- CAPTIONS. All indexes, titles, subject
headings, section titles, and similar items are provide for the purpose of
reference and convenience and are not intended to be inclusive,
definitive, or to affect the meaning or scope of this Agreement.
- UPDATES. Aspose may make updates and
changes to this license agreement from time to time. Such changes will be
posted on our website at http://www.aspose.com.
Such changes or updates will become effective immediately. It is your
responsibility to check the website for updates. If this EULA is provided
with the Product installer, please visit our website to ensure have the
most recent agreement. If you elect
not to be bound by the new license agreement you must immediately destroy
all copies of the Product and inform Aspose in writing within sixty (60)
days of posting.
- ENTIRE AGREEMENT. This EULA is the entire
agreement between you and Aspose relating to the Product and the support
services (if any) 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 EULA. To the extent
the terms of any Aspose policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA shall control.