Date Revised: 24th
July 2013
PRODUCT LICENSE
IMPORTANT: READ CAREFULLY: This Aspose End User License
Agreement ("Agreement") is a legal agreement between You and Aspose
Pty. Ltd. for the materials accompanying this Agreement, which may include
computer software, printed materials, and "on line" or electronic
documentation and resource files, project and solution files for Aspose
Products.
BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD, COPY OR USE THE
PRODUCT.
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.
1.
DEFINITIONS.
1.1. “API” or “Application Programming Interface” means a publicly accessible
interface defining the ways by which an application program may request
services from libraries and/or software.
1.2. “Confidential Information” is any information marked as
confidential. Confidential Information does not include information:(a) which
is publicly known; (b) which is disclosed to the other party without
restriction by a third party and without any breach of confidentiality by the
third party; or (c) which is developed independently by the other party
without reliance on any of the discloser’s Confidential Information.
1.3. “Derived Works” means works based upon or using the Product.
1.4. “Enhanced Support” means any paid support package, including Priority
Support, Enterprise Support, and Sponsored Support.
1.5. “Maintenance Subscription” means paid access to Product
Updates and fixes.
1.6. "Physical Location” means any physical address. For example, each store
and/or office with different address is a separate physical location.
1.7. “Product” means the Software licensed under this Agreement.
1.8. “Software” means computer software, associated media, printed
materials, and "on line" or electronic documentation provided under
this Agreement.
1.9. “SaaS” or “Software as a Service” means a model of software
deployment whereby a provider licenses an application to customers for use as a
service on demand.
1.10. “SDK” or “Software Development Kit” 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.
1.11. "Updates” means technical support, new version, new release, and/or
supplements to the Product and/or related information.
1.12. “.NET & Java Products” means all Aspose .NET and Java
based products.
1.13. “Reporting Products” means all Aspose SharePoint, SQL Server Reporting
Services (SSRS) and JasperReports Products
1.14. “Mobile Products” means all Aspose Android products.
1.15. “You” and “Your” mean the purchaser, either an individual or a single
entity.
2.
GRANT OF LICENSE.
Aspose grants You the rights described in this Agreement
provided that You comply with all the terms and conditions of this Agreement:
2.1. General License Grant. Aspose grants use of the Product according to one
of the license types below as identified in the Product title. All licenses are
nonexclusive and nontransferable (except as otherwise provided herein).
2.2. Evaluation License and Temporary License. Evaluation
and Temporary licenses are non-exclusive evaluation licenses 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 or a Temporary License, You may not use the Product to produce any Derived Works. If you
use the Product in any Derived Works, you must purchase the applicable license
and you may be sued 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. Temporary licenses are limited to three (3), thirty (30) day
licenses per customer per twelve (12) month period.
2.2.1.
·
Developer Small Business
License. A Developer Small Business
license permits One (1) developer to create an unlimited number of derived
works using the product which can be used at only One (1) physical location
(distinct address or office building) within your organization. This
license type does not support distribution, public facing web
sites/applications, extranets, multi-site intranets or SaaS project usage
scenarios. Only OEM Licenses support Royalty Free Distribution.
·
Developer OEM License. A Developer OEM license permits One (1) developer to
create an unlimited number of derived works using the product which can
be used at an unlimited number of physical locations (distinct address
or office building) within or outside of your organization. This license type supports
royalty free distribution, public facing web sites/applications,
extranets, multi-site intranets or SaaS project usage scenarios.
·
Site Small Business License. A Site Small Business license permits up to Ten (10)
developers to create an unlimited number of derived works using the product
which can be used at Ten (10) physical locations (distinct address or office
building) within your organization. This license type does not support
distribution, public facing web sites/applications, extranets or SaaS
project usage scenarios. It can support multi-site intranet usage subject to
the restrictions on developers and physical location numbers. Only OEM
Licenses support Royalty Free Distribution.
·
Site OEM License. A Site OEM license permits up to Ten (10) developers
to create an unlimited number of derived works using the product which can
be used at an unlimited number of physical locations (distinct address
or office building) within or outside of your organization. This license type supports
royalty free distribution, public facing web sites/applications,
extranets, multi-site intranets or SaaS project usage scenarios.
2.2.2.
REPORTING PRODUCT LICENSE
DESCRIPTIONS
·
Developer Small Business
License. A Developer Small Business
License permits One (1) developer, report author or administrator to create an
unlimited number of derived works using the product which can be used on only
One (1) physical or virtual server inside One (1) physical location (distinct
address or office building) within your organization. This license type
does not support distribution, public facing web sites/applications,
extranets, multi-site intranets or SaaS project usage scenarios. Only OEM
Licenses support Royalty Free Distribution.
·
Developer OEM License. A Developer OEM license permits One (1) developer,
report author or administrator to create an unlimited number of derived works
using the product which can be used on an unlimited number of physical or
virtual servers and at unlimited physical locations (distinct address
or office building) within or outside of your organization. This license type supports
royalty free distribution, public facing web sites/applications,
extranets, multi-site intranets or SaaS project usage scenarios.
·
Site Small Business License. A Site Small Business license permits up to Ten (10)
developers, report authors or administrators to create an unlimited number of
derived works using the product which can be used on up to Ten (10) physical or
virtual servers inside Ten (10) physical locations (distinct address or office
building) within your organization. This license type does not support
distribution, public facing web sites/applications, extranets or SaaS
project usage scenarios. It can support multi-site intranet usage subject to
the restrictions on developers, report authors or administrators, physical and
virtual servers as well as physical location numbers. Only OEM Licenses
support Royalty Free Distribution.
·
Site OEM License. A Site OEM license permits up to Ten (10)
developers, report authors or administrators to create an unlimited number of
derived works using the product which can be used on an unlimited number
of physical or virtual servers and at unlimited physical locations
(distinct address or office building) within or outside of your organization.
This license type supports royalty free distribution, public
facing web sites/applications, extranets, multi-site intranets or SaaS project
usage scenarios.
2.2.3.
MOBILE PRODUCT LICENSE
DESCRIPTIONS
·
Developer Small Business
License. A Developer Small Business
License permits One (1) developer to create One (1) derived work (App) using
the product which can be used within One (1) App Deployment within One (1)
Organization (Company). This license type does not support public
distribution (Public or Direct). Only OEM Licenses support royalty free
distribution or direct distribution.
·
Developer OEM License. A Developer OEM License permits One (1) developer to
create an unlimited number of derived works (Apps) using the product which can
be deployed within your Enterprise, published on App Stores or distributed
directly. This license type supports royalty free distribution
and direct distribution.
·
Site Small Business License. A Site Small Business License permits up to Ten (10)
developers to create Ten (10) derived works (Apps) using the product which can
be used within Ten (10) App Deployments within One (1) Organization (Company).
This license type does not support public distribution (Public or
Direct). Only OEM Licenses support royalty free distribution or direct
distribution.
·
Site OEM
License. A Site OEM License permits
up to Ten (10) developers to create an unlimited number of derived works (Apps)
using the product which can be deployed within your Enterprise, published on
App Stores or distributed directly. This license type supports royalty free distribution
and direct distribution.
2.3. Documentation. You may make any number of copies of the electronic and
other documentation provided with the Product or downloaded from the Aspose
website, provided that all copies must be used only for internal purposes and
may not be republished or distributed externally.
2.4. Disassembly. You may not reverse engineer, decompile, disassemble or in
any other way try to gain access to information regarding the construction of
the Product(s).
2.5. Transfer. You may not rent, lease, lend, sub-license, sell, assign,
transfer or pledge the Product in a standalone fashion or this Agreement, on a
temporary or permanent basis, unless you first receive written permission from
Aspose.
2.6. Reservation of Rights. Aspose reserves all rights not expressly granted
herein.
3.
DESCRIPTION OF
OTHER RIGHTS AND LIMITATIONS.
3.1. Derived Works and Redistribution
3.1.1.
The Product may not be distributed in any form that allows it to be
reused by any application other than Your Derived Work.
3.1.2.
The Product may not be included as part of a SDK.
3.1.3.
The Product may not be used to develop Derived Works that offer similar
or competing functionality as the Product, or expose features of the Product
through an API for use by an unlicensed third party.
3.1.4.
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”),
SalesForce.com or Google App Engine.
3.1.5.
Aspose is not obligated to provide support for Derived Works.
3.1.6.
Derived Works may not be called "Aspose", nor may
"Aspose" appear in their name, without prior written permission from
Aspose.
3.1.7.
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.
3.2. Termination. Without prejudice to any other rights, Aspose 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 the Product, including
but not limited to backups and all component parts and Derived Works.
3.3. Survival. Unless
by its nature a provision cannot survive this Agreement, the provisions of this
Agreement shall survive the expiration or any termination of this Agreement.
3.4. Consideration. For the rights and license granted in this Agreement, You
will pay Aspose the currently published price available at Aspose.com or
another mutually agreed upon amount to appear on a valid invoice.
3.5. Term. The term of this Agreement shall continue perpetually from the date of
purchase unless terminated according to Section 3.2.
3.6. 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. 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
Confidential Information, to others but not in a form that personally
identifies You.
4.
MAINTENANCE,
UPDATES AND DISCONTINUATION.
4.1. Maintenance Subscription: A Maintenance Subscription
entitles the purchaser to Updates of the Product and access to Product fixes
for a period of one (1) year (365 days). Initial purchase of the Product
includes a one-year Maintenance Subscription. Thereafter, You may renew your
Maintenance Subscription annually.
4.2. Updates: Aspose may, in its sole discretion, provide technical
support and/or Updates to You hereunder.
4.3. Technical Support: Technical Support, whether free or through a paid Enhanced
Support subscription is provided with the following conditions:
4.3.1.
Technical support is provided only through Aspose Support Forums.
You agree not to attempt to bypass the Support Forums via phone, email, or
other means.
4.3.2.
Aspose does not guarantee that any fix will be provided in any given
time period. Any estimates provided are estimates only and are not
binding or enforceable.
4.3.3.
Updates and fix notifications are posted in the Aspose Support Forum;
they are not provided directly to You. You agree to check the relevant
Support Forum for Updates and fixes.
4.3.4.
Aspose will provide support status updates when You request them.
4.3.5.
Aspose will typically provide support for
the Product throughout the license subscription period whether the Product has
been discontinued or not. However, Aspose reserves the right to cancel
support, whether provided for free or Enhanced Support for a fee, at any time
and for any reason.
4.4. Enhanced Support: Enhanced Support services will be provided substantially
as described in the description of services available at http://www.aspose.com.
In addition to the terms in Section 4.3, the following shall apply:
4.4.1.
Aspose shall use reasonable efforts to solve problems identified by
You; however, Aspose does not warrant that it will solve any particular problem
in a given timescale, or at all.
4.4.2.
Enhanced Support packages are subject to fair use policies as described
on the Enhanced Support product descriptions.
4.5. Discontinuation of Product: Aspose reserves the right to
discontinue the Product at any time, whether it is offered individually or as a
part of a product suite.
4.5.1.
If Aspose discontinues the Product, they will announce product
discontinuation through the Monthly Aspose Customer Newsletter, which You may
subscribe to or access at http://www.aspose.com. 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.
4.5.2.
Close of Business: If for any reason, including insolvency or
dissolution, Aspose is unable to remain in business under the Aspose name or
another name they will provide the following remedy to each license owner:
a)
Aspose will make a reasonable
effort to notify You at least thirty (30) days prior to close of business.
b)
You will be provided with the
option of purchasing source code for the Product for which You own current
licenses at a cost of no more than the cost of a single Site OEM license at
that time. Some proprietary portions of the source code may be provided in
compiled form only.
5.
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. Previous versions of the Product will only be
available for a twelve (12) month period from the date of publishing; access to
previous versions once removed will only be available to customers who hold a
current subscription for the Product. Customers are advised to keep a backup copy of any downloaded
PRODUCT for future use.
6.
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 Agreement and that You will not continue to use the earlier version of
the Product or transfer it to another person or entity unless expressly
permitted by Aspose in writing.
7.
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 Agreement 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. All rights not expressly
granted are reserved by Aspose.
8.
nondisclosure. Both
Parties recognize that the other Party
may obtain proprietary and/or Confidential Information in the course of their
business. Each Party agrees to
protect each other’s Confidential Information as follows:
8.1. Time and Method. Both during the term of this Agreement and for a period of
five (5) years after termination or expiration of this Agreement to hold each
other’s Confidential Information in confidence and to protect the disclosed
Confidential Information by using the same degree of care to prevent the
unauthorized use, dissemination or publication of the Confidential Information
as they use to protect their own confidential information of a like nature.
8.2. Permitted Disclosure to Employees. Each Party agrees that it will only
disclose Confidential Information to its responsible employees, contractors,
professional advisors and similarly situated individuals who have a bona fide
need to know and who are bound by agreement or by law to keep such information
confidential.
8.3. Other Permitted Disclosures. Each Party may disclose
Confidential Information (i) as authorized by the other Party in writing or
(ii) to the extent required by applicable law, court, or government agency,
provided that the Party required to disclose Confidential Information promptly
notifies the other Party and cooperates with any efforts by the other Party, at
the other Party’s expense, to limit such disclosure by means of seeking a
protective order or requesting confidential treatment. Other than those
expressly allowed under this Section 8 of the Agreement, no other disclosures
of Confidential Information are permitted.
9.
open source
components
9.1. Intellectual Property Warranty. Some Aspose products contain Open
Source components, which are software components owned by third parties and
that are licensed for use without any fee or cost. Aspose represents and
warrants that it has not and will not include any Open Source components that
require, as a condition of use, modification or distribution, that (a) the code
be disclosed or distributed in source code form, and/or (b) be licensed for the
purpose of making derivative works. For example, Aspose does not utilize any
open source components licensed under the GNU’s General Public License (“GPL”);
Lesser/Library GPL (“LGPL”), the Artistic License, the Mozilla Public License
and the Common Public License.
9.2. Notice Requirements. Some Aspose products contain “Open Source”
components that require users to provide notice of copyrights and/or licensing
terms. All required notices are included in the documentation to the Product.
If you utilize these components in Your Derived Work, You are obliged to
provide these notices to Your customers. Where applicable, Aspose product
downloads will include a thirdpartylicenses file that will detail any “Open
Source” usage within the concerned product.
9.3. Links to Third Party Sites. The Product documentation may
include links to third party sites where You may access information about Open
Source components. 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.
10.
LIMITED WARRANTY
AND DISCLAIMER.
10.1. 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)
when used with a recommended hardware configuration, the Product will perform
in substantial conformance with the documentation supplied with the Product.
This warranty applies only on initial Product purchases and does not apply to
Subscription renewals or Updates.
10.2. 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".
10.3. 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.
10.4. 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.
10.5. 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.
11.
EXCLUSIVE REMEDY.
Your exclusive remedy for breach of warranty is to return
the Product to the place You acquired it, with a copy of Your receipt and a
description of the problem. If You report a breach of warranty to Aspose no
more than thirty (30) days following delivery, then Aspose will use reasonable
commercial efforts to supply You with a replacement copy of the Product that
substantially conforms to the documentation, or refund to You Your purchase
price for the Product, at its option. Aspose shall have no responsibility if
the failure arises out of use of the Product with other than a recommended
hardware configuration. THIS
REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT.
12.
LIMITATION OF
LIABILITY. Except with regard to: (i) breach of confidentiality
obligations; and (ii) any costs associated with the defense chosen by Aspose
pursuant to Section 13 “Indemnification,” and (iii) settlement, to the
infringed upon party, of an intellectual property right claim or moral right
claim, liability shall be limited as follows:
12.1. 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.
12.2. 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.
12.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
AGREEMENT.
12.4. Force Majeur. Aspose is not liable hereunder by reasons of failure or
delay in the performance of its obligations hereunder on account of strikes,
shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm,
explosions, earthquakes, acts of God, government action, labor conditions, or
any other cause which is beyond its control.
13. 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 Product by reason of an actual or
anticipated Claim, Aspose will use its reasonable efforts to do the following:
(a) obtain
for You the right to use the Product, or (b) replace or modify such Product so
that it is no longer subject to a Claim, but performs the same functions in an
equivalent manner.
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, depreciated using a straight line method of depreciation over a
forty-eight month period from the date of delivery of the Product to You.
14. 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.
15.
NO WAIVER. No
action taken by either party pursuant to this Agreement, and no waiver by
either party, whether express or implied, of any provision or right in this
Agreement or any breach thereof, and no failure of either party to exercise or
enforce any of its rights under this Agreement, 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.
16.
SEVERABILITY. If
any covenant or provision of the Agreement is determined to be void or
unenforceable in whole or part, then such void or unenforceable covenant or
provision shall be deleted from this Agreement and shall not effect or impair
the enforceability or validity of any other covenant or provision of this
Agreement or any part thereof.
17.
GOVERNING LAW. This
Agreement is made in the State of New South Wales, Australia and shall be
governed and interpreted according to the laws of New South Wales, Australia.
Any lawsuit filed regarding this Agreement shall be filed in New South Wales,
Australia. The United Nations Convention on Contracts for the International
Sale of Goods shall not apply to this Agreement.
18. 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.
19.
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.
20. 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 as well as
distributed with the Product. You are bound by the terms of the Agreement as it
is posted or distributed at the most recent time you install the Product or
Updates. If You do not wish to be bound by the terms of this license Agreement
You should not install any Updates or additional Product(s).
21. PUBLICITY. You
grant Aspose the right to use Your name and logo in press releases, brochures,
case studies, marketing materials, the Aspose website and similar materials
indicating that You are a customer of Aspose.
22.
ENTIRE AGREEMENT.
This Agreement is the entire agreement between You and Aspose
relating to the license of the 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. This Agreement
includes and encompasses materials referenced herein from the Aspose.com
website. To the extent the terms of any Aspose policies or programs for support
services conflict with the terms of this Agreement, the terms of this Agreement
shall control.