END USER LICENSE AGREEMENT
NOTICE TO USER:
KINDLY READ THIS AGREEMENT CAREFULLY BEFORE OPENING THE PACKAGE. BY
OPENING THIS PACKAGE YOU (AN INDIVIDUAL OR LEGAL ENTITY) (THE LICENSEE)
AGREE WITH COOLPDF INC (THE COMPANY) TO BE BOUND BY THE TERMS OF THIS
AGREEMENT WHICH WILL GOVERN YOUR USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE. IF YOU
DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU AGREE TO RETURN THE SOFTWARE,
ITS PACKAGING AND DOCUMENTATION UNUSED AND INTACT TO YOUR SUPPLIER.
This End User License Agreement is accompanied by CoolPDF software
product ("Software") and related explanatory written materials
("Documentation"). This copy of the Software is licensed to you
(the Licensee) as the end user or your employer or another third party
authorized to permit your use of the Software. "You" as used in
the remainder of this License Agreement refers to the licensee. The Software
that is being licensed to you is to be utilized/installed on a single
computer only. The "Permitted Number of Computers" as used in the
remainder of this License Agreement is one unless you have proof of purchase
which specifies otherwise.
The Company grants to you a non-exclusive license to use the Software and
Documentation, provided that you agree to the following:
1. Use of the Software: You are permitted to:
(a) Install the Software in a single location on a hard disk or other
storage device on a single computer.
(b) Transfer the Software from one Computer to another provided it is used
on only one Computer at any one time.
(c) Make one copy of the Software for back-up purpose only, provided your
back-up copy is not installed or used on any computer. The back-up copies
should also reproduce and include the Company's copyright notice.
(d) Provided the Software is configured for network use, install and use the
Software on a single file server for use on a single local area network for
either (but not both) of the following purposes:
(1) permanent installation onto a hard disk or other
storage device of up to Permitted Number of Computers; or
(2) use of the Software over such network, provided the
number of different computers on which the Software is used does not exceed
the Permitted Number of Computers. For example, if there are 100 computers
connected to the server, with no more than 15 computers ever using the
Software concurrently, but the Software will be used on 25 different
computers at various times, the Permitted Number of Computers for which you
need a license is 25.
2. Copyright: The Copyright in the Software and its associated
documentation is owned by the Company, and its structure, organization and
code are the valuable trade secrets of the Company. The Software is also
protected by the Copyright laws of the United States and other applicable laws.
You may not copy the Software or the Documentation, except as set forth
in the "Use of the Software" section. Any copies that you are
permitted to make for back up purpose pursuant to this Agreement must
contain the same copyright and other proprietary notices that appear on or
in the Software. You agree not to modify, adapt, translate, reverse
engineer, decompile, create derivative works based on the whole or any part
of the Software or its associated documentation, disassemble or otherwise
attempt to discover the source code of the Software. You shall use the
trademarks of the Company only to the extent as may be permitted by the
Company who is the rightful owner of the trademark.
The Company permits you to use the Trademarks only to identify printed
output produced by the Software. Such use of any trademark does not give you
any rights of ownership in that trademark. Except as stated above, this
Agreement does not grant you any intellectual property rights in the
3. Transfer: You may not rent, lease, sublicense or lend the Software or
Documentation. You may, however, transfer all your rights to use the
Software to another person or legal entity, with the prior written consent
of the Company, provided that you transfer this Agreement, the Software,
including all copies, updates and prior versions, and all Documentation to
such person or entity and that you retain no copies of the Software or its
documentation, including the copies stored on a computer and the back up
4. Additional Terms applicable to Free, Trial, Sample, Tryout or
Evaluation Software: If the product you have received with this license is a
Free, Trial, Sample, Tryout or Evaluation software, then the following
Section applies until such time that you purchase a license for the
commercial version of such product. To the extent that any provision in this
Section is in conflict with any other term or condition in this Agreement,
this Section shall supercede such other term(s) and condition(s) with
respect to the Software, but only to the extent necessary to resolve the
Subject to the terms and conditions contained herein, you are hereby
given a license to install and personally use the software and any updates
thereto furnished by the Company (in its sole discretion) on a single
computer owned or controlled by you and may use the software for your
noncommercial use or benefit only. You may not, under any circumstances, use
the software for any commercial, business, governmental or institutional
purpose of any kind. If you desire to use the software for commercial
purposes, you should contact Company or a Company's authorized reseller to
order commercial licenses to use the Software.
You acknowledge that the Software may contain limited functionality
and/or operates for a limited period of time. The Software may contain
advertisements or promotional messages. The Company reserves the right to
charge for future use of or access to the software. However, in no event
will you be charged for access or use of software unless the Company makes
available a schedule of such charges.
THE COMPANY DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY
KIND FOR FREE, TRIAL, SAMPLE, TRYOUT OR EVALUATION SOFTWARE.
5. Limited Warranty: The Company warrants that the diskette and or CD-ROM
on which the Software is supplied will be free from defects in materials and
workmanship under normal use for a period of 90 days from the date of
original purchase (the Warranty Period). If a defect in the diskette or
CD-ROM shall occur during the Warranty Period, it may be returned to the
Company at such location from where it was purchased with proof of purchase
and the same shall be replaced free of charge only if the Company is
convinced that the same has been utilized by you in the appropriate manner
for which it was intended.
The Company warrants that the Software will perform substantially in
accordance with the Documentation for the ninety (90) day period as stated
above, provided that the Software is properly used on the Computer and with
the operating system for which it was designed and that the documentation
correctly describes the operation of the Software in all material aspects.
To make a warranty claim, you must return the Software to the location
where you obtained it along with a copy of your sales receipt within the
ninety (90) day period. If the Software does not perform substantially in
accordance with the Documentation, the entire and exclusive liability and
remedy shall be limited to, at the Company's option, either the replacement
of the Software or the refund of the license fee you paid for the Software.
The Company does not and cannot warrant the performance or results you
may obtain by using the Software or Documentation. The Foregoing represents
your sole and exclusive remedy for any breach of the Company's warranties.
Except for the foregoing limited warranty, the Company makes no warranties
express or implied as to non-infringement of third party rights,
merchantability, or fitness for any particular purpose.
In no event shall the Company be liable to you for any consequential,
incidental or special damages arising out of loss of profits or other
consequential loss on account of use of the Software.
6. Confidentiality: The Software, including its existence and features,
is proprietary and confidential information to the Company. You shall not
disclose or provide any of the Software, its documentation, user manual, or
any other information relating to the Software, to a third party without the
prior express written permission of the Company.
7. Term: This Agreement is effective until you terminate it by destroying
the Software and its documentation together with all copies. It will also
terminate if you fail to abide by the terms and condition set our herein and
in the eventuality of the terms of clause 3 taking effect. Upon termination
you agree to destroy all copies, including the back up copies of the
Software and its documentation including any Software on the hard disk of
any computer under your control.
8. Support: The Company's technical support staff will endeavor to answer
by E-Mail any queries you may have regarding the use of the Software or its
application for a period of 50 days after purchase of the Software.
9. Governing Law and General Provisions: This Agreement will be governed
by the laws of the United States. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of the
Agreement, which shall remain valid and enforceable according to its terms.
The Company reserves the right to bring about such changes/modifications to
the terms and conditions set out herein, necessitated as a result of any
laws rules and regulations as may be found applicable and binding.
10. Jurisdiction: Disputes if any arising out of the terms and conditions
set out herein shall be subject to the jurisdiction of the courts.
11. Entire Agreement: This Agreement constitutes the entire understanding
between you and the Company and supersedes all prior oral or written
communication, proposals, representations, warranties, covenants,
understandings or agreements between you and the Company relating to the
subject matter of this Agreement.
12. Amendment: The Company reserves the right to alter/amend these terms
and conditions at any time without obtaining your approval for the same. The
amended terms and conditions will be incorporated in these terms and
conditions. No separate notice will be sent to you for any amendment of
these terms and conditions.