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