END-USER LICENSE AGREEMENT FOR XFINIUM.PDF PRODUCT
VERY IMPORTANT - READ CAREFULLY:
1. Preamble: XFINIUM SOFTWARE End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, referred to as "Licensee") and XFINIUM SOFTWARE for the product XFINIUM.PDF which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and XFINIUM SOFTWARE, (referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
2. License Grant: Licensor hereby grants Licensee a Non-assignable & non-transferable, Commercial, Royalty free, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running the SOFTWARE PRODUCT.
2.1. The SOFTWARE PRODUCT is licensed per individual developer. You may make copies on more than one computer, as long as the use of the SOFTWARE PRODUCT is by the same developer. The Corporate License allows an unlimited number of developers at a single Licensee location.
2.2. Redistributable .NET assemblies: the files the files Xfinium.Pdf.Win.dll, Xfinium.Pdf.Render.Win.dll, Xfinium.Pdf.View.Win.dll, Xfinium.Pdf.Xamarin.Mac.dll, Xfinium.Pdf.Render.Xamarin.Mac.dll, Xfinium.Pdf.View.Xamarin.Mac.dll, Xfinium.Pdf.Mono.dll, Xfinium.Pdf.Render.Mono.dll, Xfinium.Pdf.Wpf.dll, Xfinium.Pdf.Render.Wpf.dll, Xfinium.Pdf.View.Wpf.dll, Xfinium.Pdf.Sl.dll, Xfinium.Pdf.Render.Sl.dll, Xfinium.Pdf.WinRTNet.dll, Xfinium.Pdf.Render.WinRTNet.dll, Xfinium.Pdf.Uwp.dll, Xfinium.Pdf.Render.Uwp.dll, Xfinium.Pdf.View.Uwp.dll, Xfinium.Pdf.Xamarin.iOS.dll, Xfinium.Pdf.Render.Xamarin.iOS.dll, Xfinium.Pdf.View.Xamarin.iOS.dll, Xfinium.Pdf.Xamarin.Android.dll, Xfinium.Pdf.Render.Xamarin.Android.dll, Xfinium.Pdf.View.Xamarin.Android.dll, Xfinium.Pdf.Pcl.dll, Xfinium.Pdf.Render.Pcl.dll, Xfinium.Pdf.NetCore.dll, Xfinium.Pdf.Render.NetCore.dll are considered redistributable assemblies.
2.3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.4. Commercial, Royalty Free: The redistributable assemblies can be distributed as a part of a larger work containing more than the SOFTWARE PRODUCT without any royalties.
2.5. With support & maintenance: Licensor shall provide Licensee a support and maintenance subscription. The support subscription is valid for 1 year from the date of license purchase. Upon the expiration of current support subscription, a new support subscription can be purchased. Support is provided via electronic mail and on regular business days and hours.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee's license in the case where Licensee :
3.1. became insolvent or otherwise entered into any liquidation process; or
3.2. exported the SOFTWARE PRODUCT to any jurisdiction where licensor may not enforce his rights under this agreements in; or
3.3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
3.4. Licensee in breach of any of the terms of clause 2 to this license; or
3.5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep the SOFTWARE PRODUCT up-to-date and install all relevant updates and fixes. Licensor shall provide any Upgrade, Update or Fix free of charge for the duration of the subscription period.
4.1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in the SOFTWARE PRODUCT, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase the SOFTWARE PRODUCT under version 1.X.X, an upgrade shall commence under number 2.0.0.
4.2. Updates: for the purpose of this license, an update shall be a minor amendment in the SOFTWARE PRODUCT, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase the SOFTWARE PRODUCT under version 1.1.X, an update shall commence under number 1.2.0.
4.3. Fix: for the purpose of this license, a fix shall be a minor amendment in the SOFTWARE PRODUCT, intended to remove bugs or alter minor features which impair the SOFTWARE PRODUCT's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase the SOFTWARE PRODUCT under version 1.1.1, a fix shall commence under number 1.1.2.
5. Liability: To the extent permitted under Law, the SOFTWARE PRODUCT is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of SOFTWARE PRODUCT's actions, failure, bugs and/or any other interaction between the SOFTWARE PRODUCT and Licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on the SOFTWARE PRODUCT or using the SOFTWARE PRODUCT's source code.
6. Prohibited uses: You may not, without the prior written permission of XFINIUM SOFTWARE, to Disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the SOFTWARE PRODCT provided in object code form only.
7. Distribution: This agreement allows the Licensee to distribute the .NET assemblies to an unlimited number of computers on the express condition that (a) the help files and license files are not distributed with the .NET assemblies, and (b) the .NET assemblies are not being made available to third parties as development controls within a development or design environment. A development or design environment includes any application design surface which enables the user to create a new instance, or interact, modify, redesign, or copy an existing instance of any portion of the SOFTWARE PRODUCT, or in any way alter the SOFTWARE PRODUCT's appearance or functionality, or any part thereof, with or without the presence of the appropriate license file(s) or license registrations.
8.1. Intellectual Property: Licensor hereby warrants that the SOFTWARE PRODUCT does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
8.2. Limited warranty: XFINIUM SOFTWARE warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the Documentation for a period of 30 days after which you first receive the Software. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. In the event of Software being defective due to mentioned failures, XFINIUM SOFTWARE will, at its sole option, either (a) replace the defective SOFTWARE PRODUCT, or (b) refund the original purchase price paid for the SOFTWARE PRODUCT.
IN NO EVENT WILL XFINIUM SOFTWARE OR ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee's use of the SOFTWARE PRODUCT in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee's consent prior to any settlement in relation to such lawsuit or claim.
10. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.