254 lines
17 KiB
Plaintext
254 lines
17 KiB
Plaintext
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See http://www.pdflib.com/fileadmin/pdflib/pdf/license/PDFlib-terms-and-conditions.pdf
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Page E-1 of PDFlib GmbH General License and Support Conditions, Last amended November 2009 6
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General License and Support Conditions
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PDFlib GmbH, Franziska-Bilek-Weg 9, 80339 M<>nchen, Germany
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Telephone +49 <20> 89 <20> 452 33 84-0 Fax +49 <20> 89 <20> 452 33 84-99
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sales@pdflib.com, support@pdflib.com, www.pdflib.com
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1 General
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The terms defined in Appendix 1: Definitions shall apply for these General License and Support Conditions.
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These License and Support Conditions shall apply for all PDFlib GmbH software products.
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The present agreement concerns solely executable object code and does not include any rights of any
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nature to the products<74> source code. Within this agreement, the specific products licensed by the customer
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shall be referred to as a whole as <20>the Program<61>. The Program shall be supplied with a manual
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in electronic format describing the Program characteristics and its use (<28>the Documentation<6F>).
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PDFlib GmbH sells its products and services solely to companies, but not to consumers.
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The following provisions in Clauses 2 to 5 relate to licenses for the Program purchased by the customer,
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Clause 6 to any additional support services (software maintenance) for the Program, and Clauses 7
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to 9 relate to both alike.
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2 Scope of the License
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2.1 Remunerated Licenses
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Purchase of a remunerated license from PDFlib GmbH shall entitle Licensee to the non-exclusive, perpetual
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right to use Program on the agreed number of Licensee<65>s computers run on the agreed platform;
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free licenses shall be governed by the provisions in Clause 2.3 and Clause 2.4. The remunerated
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license can be transferred to a third party in so far as and as soon as the license transfer form which
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can be requested from PDFlib GmbH is properly completed by Licensee and the third party and is received
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by PDFlib GmbH.
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2.2 License for Backup and Development Systems
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The following provisions in Clause 2.2 shall apply for executable object code of the software products
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offered by PDFlib GmbH on all platforms except IBM eServer iSeries, IBM eServer zSeries and compatible
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systems.
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Every properly remunerated licensed Program may be used by the customer not only on the computer
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it is first installed on but also on another computer running on the same operating system (<28>backup
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system<EFBFBD>), as long as both computers with the same license right (for one computer) are not used at
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the same time.
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Licensee shall also be entitled to use the Program on an unlimited number of development computers
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as long as they are not used for production purposes at the same time (development license). The necessary
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preconditions for such a development license are that access to the development computer via
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a network is only possible for developers working on products in which a licensed copy of the Program
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is or will be integrated, and that the development computer is run on the same platform for which a license
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was purchased.
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2.3 Free Products
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For the products PDFlib FontReporter Plugin, PDFlib TET Plugin and PDFlib TET PDF IFilter (here only the
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desktop version and only non-commercial use), Licensee shall be granted a non-exclusive, free, nontransferable
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and perpetual license to use the Program on any number of Licensee<65>s computers. These
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licenses shall not be governed by the provisions in Clause 5 (Warranty) and 7 (Liability), the statutory
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provisions for gifts shall apply instead.
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2.4 Free use of Evaluation Versions of the Program
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For certain products, PDFlib GmbH offers freely available versions which can be run without purchasing
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a license key (evaluation versions), albeit with restrictions compared with the purchased license of
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the same product as described in the pertinent product documentation. For evaluation versions, Licensee
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shall be granted a non-exclusive, free, non-transferable and perpetual license to evaluate the
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Program on any number of Licensee<65>s computers. Evaluation in this sense is the consideration by
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Page E-2 of PDFlib GmbH General License and Support Conditions, Last amended November 2009 6
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Licensee whether to purchase the Program for productive use (productive use is use of the Program directly,
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indirectly or as support for profit-making activities or other activities according to its articles of
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incorporation by Licensee or a third party), and the development of products by Licensee in which a
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(subsequently purchased) remunerated licensed copy of the Program or an evaluation version is or will
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be integrated and whose intended use materially exceeds the integration of the PDFlib GmbH Program.
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If Licensee integrates the evaluation version in one of his own products of the aforementioned
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type, he shall also be entitled to transfer the license to the integrated evaluation version when passing
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on his product to a third party.
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2.5 PDFlib Block Plugin
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For the PDFlib Block Plugin, which is a component of the PDFlib Personalization Server, Licensee of the
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PDFlib Personalization Server shall be granted <20> above and beyond the license granted in Clause 2.1 <20>
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the right to pass the PDFlib Block Plugin on to any number of third parties and to grant them the right
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to use the PDFlib Block Plugin solely to create data for their own purposes which are then transmitted
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to and processed by Licensee subject to the condition that Licensee secures from the third parties an
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undertaking to use the PDFlib Block Plugin only in the aforementioned manner and not to pass it on to
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any further persons themselves.
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3 Restrictions
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3.1 Intellectual Property
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The Program and the Documentation are the copyrighted intellectual property of PDFlib GmbH.
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When processing existing PDF documents with the Program Licensee must respect the access permissions
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and permission controls which have been applied by the document<6E>s author in order to grant or
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deny certain rights to the users of the document.
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3.2 Reverse Engineering and Confidentiality
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Licensee undertakes not to translate, disassemble, or reverse-engineer the Program, in so far as this is
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not permitted under Section 69e German Copyright Act.
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Licensee undertakes not to redistribute or make publicly available any license key received from PDFlib
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GmbH.
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3.3 Updates and Upgrades
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If Licensee receives the Program as a new main version or maintenance release to an earlier version of
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the same or other product (Update) or if a product license is converted into a license for another product
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which contains the originally licensed product (Upgrade), the new license shall be provided on a license
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exchange basis. Installing and using an updated or upgraded version shall terminate the license
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for the earlier version.
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4 Delivery
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The Program and the Documentation shall be delivered in digital format only. The Program, Documentation
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and all pertinent maintenance updates shall be retrieved from the PDFlib GmbH website at
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www.pdflib.com. PDFlib GmbH shall not provide Licensee with either digital storage media or printed
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Documentation.
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5 Warranty
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5.1 Warranty for Customers with registered Offices in the Federal Republic of Germany
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If the customer has registered offices in the Federal Republic of Germany, the following provisions
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shall apply:
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Subject to Clause 9, the statutory provisions for warranties shall apply with the condition that the
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warranty period (time bar for warranty claims, Section 438 Subs. 1 German Civil Code) shall be one
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year. This shall not apply, however, for fault-related claims for damages under compensation for bodily
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harm or impairment of health due to a fault for which PDFlib GmbH is liable or under gross negligence
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by PDFlib GmbH or its agents, nor for cases of deceit by PDFlib GmbH; these cases shall be governed by
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statutory provisions.
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Page E-3 of PDFlib GmbH General License and Support Conditions, Last amended November 2009 6
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5.2 Warranty for Customers with registered Offices outside the Federal Republic of Germany
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If the customer does not have registered offices in the Federal Republic of Germany, the following provisions
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shall apply:
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If the Program unmodified by the customer does not meet the owed characteristics within a period of
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30 days after conclusion of the license agreement, PDFlib GmbH shall promptly at its own expense
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and in its own discretion (i) provide a correction of or a workaround for any reproducible faults reported
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by Licensee and supply an updated version of the Program or (ii) refund any fees paid under this license
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agreement. In the latter case, Licensee shall immediately terminate any use and distribution of
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the Program and destroy any license keys issued by PDFlib GmbH. All further liability on the part of PDFlib
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GmbH is hereby expressly excluded.
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6 Support Agreement / Support Services
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In addition to purchasing the license, the customer can request support services from PDFlib GmbH
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(support agreement) against payment of an annual fee. This shall be agreed by the customer choosing
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the support service for the purchased licenses and PDFlib GmbH accepting the choice.
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If the customer has selected the automatic renewal option for the term of the support agreement, the
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support agreement shall be prolonged after each term of one year by the same period unless terminated
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by the customer with up to one month<74>s notice to the end of the pertinent term sent by letter or
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fax. In this case of automatic prolongation, the support agreement shall also end without separate
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declaration by the parties being required if and when the end of the pertinent product<63>s lifetime is
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reached.
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This shall be without prejudice to the possibility of termination without notice for good cause.
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Under the support agreement PDFlib GmbH shall render the services listed under the <20>Contractual
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Support<EFBFBD> column in Appendix 2: Support Services.
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7 Liability
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7.1 Liability for Customers with registered Offices in the Federal Republic of Germany
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If the customer has registered offices in the Federal Republic of Germany, the following provisions
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shall apply:
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PDFlib GmbH<62>s liability for simple negligent breaches of cardinal duties (in other words duties whose
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fulfillment renders the proper execution of the agreement possible and on whose compliance the contractual
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partner may generally rely) is limited to the typical losses foreseeable when the agreement
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was concluded. PDFlib GmbH accepts no liability for simple negligent breaches of non-cardinal duties.
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7.2 Liability for Customers with registered Offices outside the Federal Republic of Germany
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If the customer does not have registered offices in the Federal Republic of Germany, the following provisions
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shall apply:
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Neither party shall be liable for any losses, interruptions of business or indirect, special, incidental
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losses or consequential losses of any kind (including foregone profit) arising from use regardless of the
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form of action whether in contract, tort (including negligence), strict product liability or otherwise. Regardless
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of the legal grounds, PDFlib GmbH<62>s liability shall be limited (a) under and in conjunction
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with the license agreement to fivefold the license fee and (b) under and in conjunction with the support
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agreement to the annual support fee.
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8 Data Protection
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PDFlib GmbH collects, processes, uses and transmits personal data solely in so far as this is necessary
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for executing and fulfilling the contractual relationship with the customer.
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9 Applicable Law
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This agreement shall be governed by the law of the country in which the customer has his registered
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offices, however to the exclusion of the UN Convention Relating to a Uniform Law on the International
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Sale of Goods and the conflict of law provisions of international private law.
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Page E-PDFlib GmbH General License and Support Conditions, Last amended November 2009 4 of 6
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10 Legal Forum
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The exclusive legal forum for all disputes under and in conjunction with the purchase, license and/or
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support agreement(s) shall be PDFlib GmbH<62>s registered offices for the customer<65>s claims, for PDFlib
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GmbH<EFBFBD>s claims the registered offices of the customers or of PDFlib GmbH. This shall be without prejudice,
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however, to any statutory provisions for filing counterclaims by the other party in the forum of
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the original action.
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Page E-5 of 6 PDFlib GmbH General License and Support Conditions, Last amended November 2009 Appendix 1: Definitions
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Term Definition Example
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Platform Combination of operating system and one or more hardware architectures. Fully compatible versions of
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operating system and/or hardware shall be deemed one platform, for Mac OS X and Windows server and
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desktop versions shall, however, be deemed different platforms.
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Windows XP/Vista/7 (without Windows Server
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2003/2008) is one platform;
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Solaris on x86 or Sparc is a platform
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Product PDFlib GmbH software offering for a certain platform PDFlib 8 for Windows Server 2003/2008;
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PDFlib+PDI 8 for Linux on x86
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Major release New version of a product with significantly extended functionality PDFlib 8;
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TET 3
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Maintenance release
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A maintenance release (also called minor release) is a new version of a product that rectifies faults, modifies
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the product to new versions of an operating system or a language binding etc. Maintenance releases
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do not contain any significant extensions in functionality, however. A maintenance release is explicitly
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marked as such.
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PLOP 4.1 is a maintenance release of PLOP 4.
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Update An Update converts an existing product license into a license for a newer major release of the same product
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for the same platform.
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Updating from PDFlib 7 for Windows XP/Vista/7 to
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PDFlib 8 for Windows XP/Vista/7
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Upgrade An Upgrade converts an existing license for a product into a license for the same major release of a
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higher-quality product, which constitutes a functional expansion of the first product.
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Upgrading from PDFlib 8 to PDFlib+PDI 8 or from
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PDFlib+PDI 8 to PPS 8
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Fault A fault (Bug) is any variance from the documented behavior, PDF output rejected by Adobe Acrobat as
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faulty, or software crash, subject to the condition that suitable input data were used and all documented
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conditions were complied with.
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PDFlib does not correctly convert a JPEG image to
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PDF, although this should be possible according to
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the Documentation.
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Language
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binding
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Executable version of a product for use with a platform-specific version of a programming language or
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programming environment.
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PHP 5.1.1 on Linux; Java 1.4 on Windows;
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.NET 3.0 on Windows
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Lifetime The lifetime of a product defines how long support cases to this product will be accepted (given a valid
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support agreement). The lifetime shall be defined for each major release of a product. It is stated in the
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pertinent Documentation and also posted at www.pdflib.com.
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The lifetime of PDFlib 7 will end in 10/2011.
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Page E-6 of 6 PDFlib GmbH General License and Support Conditions, Last amended November 2009 Appendix 2: Support Services
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Service Example
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Warranty
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(free)
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Contractual support
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(fee-based)
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Response time for a support case (actual fault rectification may take longer) undefined 2 business days
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End of support: Support for a product is no longer available Germany: 1 year
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otherwise: 30 days
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lifetime of the product
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Correction1 or workaround for a fault
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1. Implemented by a maintenance release for all licensed platforms and the pertinent language binding used.
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in so far as required by
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law
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yes
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Modifications for a newer version of an operating system platform not fully compatible
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with the previous one1.
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Windows Vista requires modifications to
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programs running under Windows XP.
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voluntary yes
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Modifications for a newer version of a language binding not fully compatible with
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the previous one1.
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PHP 5 requires modification of the PDFlib
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language binding for PHP 4
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voluntary yes
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Modifications for the corrected version of a language binding that is not the current
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version but was supported in the past and the corrected version of the language
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is not fully compatible with the previous one1.
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PHP 5.1.1 requires modification of the PDFlib
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language binding for PHP 5.1.0, although
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PHP 5.2 is already supported.
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voluntary yes
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License to use the current maintenance release of the licensed product Migration from PDFlib 7.0.3 to PDFlib 7.0.4 voluntary free
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Availability (download) of the licensed product up to availability of the
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next major release
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lifetime of the
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product
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Availability (download) of the latest maintenance release of the licensed product up to availability of the
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next major release
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lifetime of the
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product
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Update to the current main version of the licensed product Migration from PDFlib 7 to PDFlib 8 at the update list price free
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Information on availability of new maintenance or major releases <20> by email
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Upgrade to current maintenance release of a higher-quality product of the same
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major release at the upgrade list price
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Migration from PDFlib 8 to PDFlib+PDI 8 1 year after availability
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of the next major release
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lifetime of the
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product
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Purchase of additional licenses of the licensed product at the list price Customer uses PDFlib 7 and requires further
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licenses for this version, although PDFlib 8 is
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already available.
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1 year after availability
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of the next major release
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lifetime of the
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product
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