LICENSE AGREEMENT
Normal License of DocuCom PDF Reader OCX for Runtime Distribution
NOTICE TO LICENSEE: THIS IS A LEGAL CONTRACT BETWEEN LICENSEE AND ZEON CORPORATION. LICENSEE SHOULD CAREFULLY READ AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT BEFORE USING ALL OR ANY PORTION OF THIS SOFTWARE. BY USING THE SOFTWARE, LICENSEE MUST AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE.
Upon acceptance of this Agreement and as long as LICENSEE complies with the terms and conditions of this Agreement, Zeon Corporation grants to LICENSEE the license and right to install this Software product only in the Developer host Application by LICENSEE with the permitted number of computer(s) set forth above.
DEFINITIONS:
The following terms shall have the meanings ascribed to them herein whenever they are used in this Agreement.
a. "Software" means DocuCom PDF Reader OCX software product developed by Zeon corporation and corresponding documentation, associated media, printed materials, help files, online or electronic documentation, images, sounds, clip art and other artistic work, and all updates or upgrades of the above.
b. "Licensor" refers to Zeon Corporation who develops and owns this Software and all intellectual property in this Software. The Software is licensed, not sold. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
c. "Licensee" refers to any business entity using this Software or any component thereof and incorporating it in "Developer Programs" made by Licensee.
d. "Developer Programs" or "Developer Host Application" mean Licensee¡¯s application programs that are designed to function and will be incorporated with PDF Reader OCX for distribution or any non-distributable project.
e. "Client Application" means use of PDF Reader OCX on a computer such that all of the following conditions are met:
i. End User interaction is required to operate PDF Reader OCX software.
ii. There is a one-to-one (1:1) relationship between the End User and PDF Reader OCX software.
f. "End User" means an ultimate customer for the "Developer Host Application" who acquires a Seat of the "Developer Host Application" for its own use and does not acquire or gain access for the purpose of further marketing, sublicensing, reselling, renting, distributing or otherwise transferring distributing rights to any other party.
g. "Seat"means a license to, (1) install or run software on a single computer, or (2) use a single computer to access software. Each computer on which software is installed or run or from which software is accessed is a separate Seat.
h. "Permitted numbers"indicates the number of copy for end users only under valid license granted by Zeon.
i. "Runtime use" means any selling, bartering, trading or otherwise exchanging for consideration or compensation of any sort, whether payment, royalties, etc. No matter it is for commercial or non-commercial purposes.
LICENSE OF SOFTWARE
LICENSEE's rights to the SOFTWARE are specified in this license agreement, and Zeon retains all rights not expressly granted to LICENSEE in this agreement. Zeon hereby grants to LICENSEE, and LICENSEE accepts, a non-exclusive, non-transferable right and limited license to use the Software as follows:
1. Evaluation on Trial or SDK License First
LICENSEE will be required to do complete evaluation of product Trial version on developing works with SDK license of DocuCom PDF Reader OCX. LICENSEE must acknowledge and consent the product version satisfied with its own requirements in integration or bundling on the Developer Host Application before purchasing of Normal License of PDF Reader OCX for runtime distribution. Any update version of the product will be freely available for licensed Developer Host Application; however, LICENSEE will be responsive for using any updated version product. An upgrade fee will be charged for product upgrade version.
2. Distribution.
LICENSEE represents that it will distribute to End User PDF Reader OCX software program product only as bundled, integrated or in conjunction with Developer Host Application, and that LICENSEE will be only allowed to install the permitted number of PDF Reader OCX software program in the Developer host Application, and should not distribute PDF Reader OCX software as a stand alone product and Developer Host Application must be Client Application and add significant customer value to the PDF Reader OCX software. As longer as the total number of seats do not excess the permitted numbers granted by Zeon in the Agreement, LICENSEE may use PDF Reader OCX software for internal use or distributing to general public of Developer Host Applications incorporated with PDF Reader OCX software in Client environment.
3. Prohibitions; Compliance.
LICENSEE agrees not to distribute PDF Reader OCX by rental or lease and shall comply with all applicable laws and regulations and obtain all appropriate government approvals pertaining to the sublicensing, transfer and advertising of PDF Reader OCX. LICENSEE will be not allowed to install the Software on Server to provide the service to network users either on the internal network within your organization or external network services with connection to general public. Licensee agrees to not attempt to disable or violate the internet activation and licensing mechanism.
4. Prohibited for Server.
Except agreed by specified license agreement from LICENSOR, LICENSEE will be not allowed to install the Software on any Server machines to provide the service to network users either on the internal network within your organization or external network services with connection to general public. Licensee agrees to not attempt to disable or violate the internet activation and licensing mechanism. Please contact sales@pdfwizard.com for inquiry on PDF Reader OCX licensing for server applications.
5. One License for one Application
One license of PDF Reader OCX will be required for one Developer Host Application or one project. Since one product serial number will be issued for one order, LICENSEE needs to keep one license for one application or one project for easy management.
6. Restricted Functions.
LICENSEE may only use PDF Reader OCX to enable End Users of Developer Host Application to perform or initiate the functions documented and provided by Zeon in the PDF Reader OCX software product.
7. Restrictions on Decompiling.
LICENSEE agrees not to alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code to PDF Reader OCX in whole or in part.
8. Limitations on Dynamic Library.
LICENSEE agrees not to use the Dynamic Library for any Server Application of PDF Reader OCX accordingly,
UPDATE/UPGRADE
Free update and upgrade for any new versions of this Software released are automatically entitled to LICENSEE within 30 days of the purchase date under this agreement. Separate purchasing of maintenance Service will be required for any needs on free Software upgrade service and close support service on technical issues after first 30 days from the purchase.
MAINTENANCE SERVICE
Separate purchasing of maintenance Service will be required for any Software upgrade on new versions and support on technical issues after first 30 days from the purchase. Zeon supplies LICENSEE with the Software version which LICENSE had already evaluated though SDK license and proved it satisfied with its own requirements in integration or bundling on the Developer Host Application before purchasing of Normal License of PDF Reader OCX for runtime distribution. Any support on product upgrade and feature enhancements for the Developer Host Application will only be accompanied with the purchase of Maintenance service.
ACTIVATION
Activation features have been included in the Software to prevent unauthorized use of the Software. In particular, use of the Software requires that end users of "Developer Programs" or "Developer Host Application" activate the Software through the Internet as described during the installation set up of the Software. End Users can require to deactivate or to reactivate the Software if change or modify computer hardware or the Software of end users. Standard Reader OCX product requires online activation with internet access; however, special requirements on offline activation are also available for closed environments by closed corporation networks, internal projects and special features. Please contact with sales@pdfwizard.com for details.
PROPRIETARY NOTICES
LICENSEE agrees to include the applicable copyright and trademarks related to the DocuCom PDF Reader OCX in the documentation provided to end users within the Developer Host Application and agree that a phrase "powered by Zeon PDF, www.pdfwizard.com" will be appeared in an "About Box" or other identical dialog box of the developer programs. Any of the copyright notice in the Software or any copy of the written materials, accompanying the Software should not be removed from the Software.
PROPRIETARY RIGHTS
LICENSEE acknowledges that PDF Reader OCX is proprietary to Zeon and that Zeon (and its suppliers) retain exclusive ownership of PDF Reader OCX. LICENSEE will take all reasonable measures to protect Zeon's proprietary rights in PDF Reader OCX. Except as provided herein, LICENSEE is not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to PDF Reader OCX.
RESTRICTIONS ON TRANSFER
Neither LICENSEE's rights hereunder nor any copy of the Software, may be sold, assigned, distributed, transferred or sublicensed to any other party. Any transfer in violation of this section will be null and void and will automatically terminate LICENSEE's right to use or possess the Software.
SUPPORT
Zeon will provide free E-mail support services to the questioning of product information, technical services and other assistances for the customers. Please visit Online Support for services.
COPYRIGHT
The Software is copyrighted, owned by Zeon Corporation, is proprietary products of Zeon, and is protected by copyright laws of the Republic of China (Taiwan) and related applicable international laws. LICENSEE should not copy the Software except as set forth in the "License" section. Any copies permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. LICENSEE should not rent, lease, sub-license, transfer, or sell and re-sell this Software, and should not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except to the extent such foregoing restriction is expressly prohibited by applicable law. LICENSEE may use the trademarks to identify the Software owner's name, or to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark.
ACCOUNT SECURITY
LICENSEE will be fully responsible for the security and safety of its account in Zeon website. All material and information regarding private account including User ID, Password, and any other contents in the account are consider as confidential material between LICENSEE and Zeon, and that account should only be accessed by authorized persons in LICENSEE¡¯s company or organization. LICENSEE is required to take measures necessary to protect account information from any possible un-authorized access.
RESERVATION OF RIGHTS
Zen reserves all rights not expressly granted to you in this License Agreement.
LIMITITION OF WARRANTY
IN NO EVENT WILL ZEON BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SDKOR THIS AGREEMENT BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZEON 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.
LICENSED SOFTWARE (S) - "AS IS"
The Software is provided AS IS. ZEON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABLE QUALITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY, RESULTS BY USING THE SOFTWARE, AND PERFORMANCE OF THE SOFTWARE (S) IS WITH THE END USER.
Zeon has no obligation to supply any SDK updates or enhancements to you even if such are or later become available.
TERMINATION
This License shall continue for as long as LICENSEE uses the Software within the permitted number of copy, except in the event that LICENSEE fails to comply with any term or condition of this Agreement. Zeon retains the right to terminate the Agreement make the product key (Serial Number) for the Software in the "Developer Programs" no more valid for activation, and LICENSEE must immediately destroy all copies of the Software.
GENERAL
This Agreement shall be construed, interpreted, and governed by the laws of the Republic of China (Taiwan), excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. You may not ship, transfer, or export the Software into any country or used in any manner prohibited by any export laws, restrictions or regulations. This AGREEMENT contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
Copyright 2001-2006 Zeon Corporation All Rights reserved
ZEON CORPORATION
8F-2, 303, DunHua N. Road, Taipei, Taiwan 10583
Tel: 886-2-27189840 Fax: 886-2-27151951
Web: www.pdfwizard.com Email: sales@pdfwizard.com
__________________________________________________________
Zeon DocuCom PDF series of products PDFGold, PDF Driver, PDF Plus, PDF CMD, PDF Gold Reader, PDF Reader OCX, PDF Core Library, PDF RIP (DocuRIP), PDF Maker, PDF Office, PDF Wizard and its respective logos are copyrights and trademarks of Zeon Corporation or its subsidiaries and may be registered in certain jurisdictions.