PDF Studio 6.62


EULA - End User License Agreement



End User License Agreement
Notice to User: Qoppa Software, LLC. ("Qoppa") IS WILLING TO LICENSE Qoppa PDF Studio (PDF Studio) SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1.0 Definitions
"Licensed Software" means the Qoppa PDF Studio Software in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files) and any user manuals, programming guides and other documentation provided to Licensee by Qoppa under this Agreement.
2.0 Limited License
Qoppa grants to Licensee, a non-exclusive, non- transferable, royalty-free and limited license to use Licensed Software internally for the purposes of evaluation only. No license is granted to Licensee for any other purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer Licensed Software in whole or in part, to any third party.
3.0 License Restrictions
3.1 Licensee may not duplicate Licensed Software other than for a single copy of Licensed Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy.
3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions.
3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Qoppa or Qoppa's licensors is granted under this Agreement.
3.4 Licensee shall have no right to use the Licensed Software for productive or commercial use.
4.0 No Support
Qoppa is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Qoppa, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.
5.0 Term and Termination of Agreement
5.1 This Agreement shall remain effective until terminated. Without prejudice to any other rights, Qoppa 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 Software and all of its component parts. You may terminate this Agreement at any time by destroying all copies of the Software and all of its component parts and removing from any and all computers on which it has been installed.
5.2 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.
6.0 Confidential Information
6.1 For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code which Qoppa discloses to Licensee related to Licensed Software; and (ii) the terms, conditions, and existence of this Agreement. Licensee may not disclose Confidential Information or use it except for the purposes specified in this Agreement. Licensee will protect the confidentiality of Confidential Information to the same degree of care, but no less than reasonable care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Qoppa source code which will be protected in perpetuity. Licensee agrees that Licensed Software contains trade secrets of Qoppa.
6.2 Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of Section 6.1 will not apply to any portion of Confidential Information that a Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information.
6.3 Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation which incorporates the protections and restrictions substantially as set forth in this Agreement.
7.0 Disclaimer of Warranty
7.1 Licensee acknowledges that Licensed Software may contain errors and is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). Qoppa disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to Qoppa that it will not use, distribute or license the Licensed Software for High Risk Activities.
7.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8.0 Limitation of Liability
8.1 Licensee acknowledges that the Licensed Software is experimental. Licensee acknowledges that the Licensed Software may have defects or deficiencies which cannot or will not be corrected by Qoppa. Licensee will hold Qoppa harmless from any claims based on Licensee's use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.
8.2 Licensee shall have the sole responsibility to protect adequately and backup Licensee's data and/or equipment used in connection with the Licensed Software. Licensee shall not claim against Qoppa for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee' use of the Licensed Software.
8.3 Licensee acknowledges that Qoppa is under no obligation to release the Licensed Software as a product of Qoppa.
8.4 To the extent not prohibited by law, in no event will Qoppa be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if the other party has been previously advised of the possibility of such damage.
9.0 U.S. Government Rights
If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
10.0 General Terms
10.1 Any action related to this Agreement will be governed by Georgia law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
10.2 Licensed Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.
10.3 It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of the provisions of Section 6 of this Agreement will cause Qoppa irreparable damage for which recovery of money damages would be inadequate, and that Qoppa will therefore be entitled to seek timely injunctive relief to protect Qoppa's rights under this Agreement in addition to any and all remedies available at law.
10.4 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Qoppa may assign this Agreement to an affiliated company.
10.5 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
11.0 Adobe Color Profiles
11.1 Where the distribution of the Software contains some files, hereby referred to collectively as Adobe Color Profiles, that are owned by Adobe Systems Incorporated. By using the Licensed Software, Licensee agrees to the following conditions:
Licensee agrees that these files are provided on an “AS IS” basis. Adobe and / or Qoppa make no representation as to the adequacy of the Software for any particular purpose or to reproduce any particular result. Adobe and / or Qoppa shall not be liable for loss or damage arising from the distribution or use of the Adobe Color Profiles.
In no event shall Adobe and / or Qoppa be liable to Licensee or Licensee's customers for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an Adobe or Qoppa representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
11.2 The Adobe Color Profiles in this distribution can also be obtained from Adobe Systems Incorporated by going to its website at www.adobe.com.



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Users Rating:  
  3.3/5     6
Downloads: 439
Updated At: 2024-03-19
Publisher: Qoppa Software
Operating System: other, windows
License Type: Free Trial