github.com/unidoc/unidoc@v2.2.0+incompatible/LICENSE.COMMERCIAL (about) 1 Software License Agreement for UniDoc (Commercial License) 2 Terms of Use 3 4 also available on our website https://unidoc.io/eula/ 5 for different packages under this license see https://unidoc.io/pricing/ 6 7 ------------------------------------------------------------------------------- 8 9 This Software Package is operated and owned by FoxyUtils ehf ("Provider"). Your 10 access to and use of the Software Package is subject to this End User License 11 Agreement and Terms of Use ("Terms of Use"). Use of the Software Package 12 indicates your acceptance of these Terms of Use. We may update these Terms of 13 Use from time to time, and your continued use of the Software Package 14 constitutes acceptance by you of any updates. Please read these Terms of Use 15 carefully before using the Software Package. 16 17 1. DEFINITIONS 18 In these Terms of Use the following words and phrases shall have the following 19 meanings, unless the context otherwise requires: 20 21 (a) "Client" means the person or entity who purchases a licence to use the 22 Software Package; 23 24 (b) "Content" means any information or data that you convey to us; 25 26 (c) "Intellectual Property Rights" means all intellectual property rights 27 wherever in the world, whether registrable or unregistrable, registered or 28 unregistered, including any application or right of application for such rights 29 (and these "intellectual property rights" include copyright and related rights, 30 database rights, confidential information, trade secrets, know-how, systems and 31 the source code for those systems, business names, trade names, trade marks, 32 service marks, passing off rights, unfair competition rights, patents, petty 33 patents, utility models, semi-conductor topography rights and rights in 34 designs); 35 36 (d) "Provider" means FoxyUtils ehf; 37 38 (e) "Service" means the licence of the Software Package and any other services 39 provided by the Provider; 40 41 (f) "Software" means the software source codes/document library located on the 42 Website and any other software owned or licensed by Provider; 43 44 (g) "Software Package" means the Software licenced to you by the Provider; 45 46 (h) "Term" means the period of 12 months from the date the Service is purchased; 47 48 (i) "us" means Provider and 'we' or 'our' shall be interpreted accordingly; 49 50 (j) "Website" means the website located at unidoc.io; 51 52 (k) "you" means the person or entity that accesses the Software Package and 53 'your' shall be interpreted accordingly. 54 55 2. ACCESS 56 (a) Your use of the Software Package is by non-exclusive sub-licence granted by 57 the Client strictly in accordance with these Terms of Use. You must also only 58 use the Software Package purchased by you in accordance with the terms for 59 that particular Software Package as stated on the Website. For example, if you 60 purchase a Software Package that allows you to have one Developer, you must not 61 allow more than one Developer use the Software Package. 62 63 (b) You acknowledge and agree with Provider that you will not, as a result of 64 being granted a non-exclusive licence, acquire any rights (including without 65 limitation Intellectual Property Rights) in the Software or the Software Package 66 other than the non-exclusive rights granted in accordance with these Terms of 67 Use. 68 69 (c) The Software Package is available only to, and may only be used by, 70 individuals who can form legally binding contracts under their applicable law. 71 Without limiting the foregoing, our services are not available to and may not be 72 used by persons under 18 years of age. If you do not qualify, please do not use 73 our services. 74 75 (d) In order to use this Software Package, you require the equipment and 76 connections necessary to access the World Wide Web. Without limitation, you are 77 responsible for: 78 79 (i) the provision of any such connection or access to the World Wide Web; 80 81 (ii) the payment of any fees associated with such connection or access (such as 82 those charged by an internet service provider or other online service); and 83 84 (iii) the provision of all equipment necessary for you to make any such 85 connection to the World Wide Web, including a computer and a modem. 86 87 3. LICENSE 88 (a) On purchasing a licence to access a Software Package, we hereby 89 grant to you a perpetual non-exclusive royalty free licence to access the 90 Software Package and to use the Software Package for all commercial purposes 91 (subject to clause 3(b)). 92 93 (b) The Software Package or any part of it may not be used by you or any of your 94 related entities, nor can you allow the Software Package or any part of it to be 95 used by any other entity, in any way connected to any business/products which 96 directly or indirectly could be considered to be competing with the Company's 97 business/products to any extent, or otherwise in any way that the Company 98 considers to be detrimental to it acting reasonably. 99 100 (c) During the Term, you shall have access to all updated versions of the 101 Software Package, however following conclusion of the Term you will only be able 102 to access the Software Package as it existed during the Term. You will not have 103 access to any further updates, unless you purchase a further licence. 104 105 4. REGISTRATION 106 (a) This registration clause is only applicable if Provider requires you to 107 register use the Services from time to time. 108 109 (i) You must not use false or misleading information in registering or using the 110 Service and you must update your details should they have changed from the last 111 time you used the Service. We are not responsible for any loss or damage 112 (including misdirected deliveries or notifications) which may occur because you 113 have not provided us with up to date, accurate or complete information. 114 115 (ii) You must choose a username and password when registering your Account. You 116 are responsible for the security of your username and password and we will 117 assume that anyone using your Account is authorised by you. Under no 118 circumstances will unauthorised access and use of your Account reduce your 119 liability in connection with the Service. This includes your obligation to 120 purchase Services which may result from use of your username and password. 121 122 (iii) You must notify us immediately if you become aware of any unauthorised use 123 of your Account or other security breach which we may consider relevant. 124 125 (iv) You permit us to send you notifications by email including marketing 126 related materials. 127 128 (v) We accept no liability for any loss or damage incurred if you do not receive 129 any notifications by us to you, for whatever reason. 130 131 (vi) You may request that your account be closed by emailing us. Your account 132 will be closed if you have paid everything you owe to us in cleared funds and 133 all transactions have been completed. 134 135 (b) Transmissions to Website * (i) You are solely responsible for transmissions 136 to our Website when using your account or when the Software Package is accessed 137 by someone using your Account. 138 139 5. SYSTEM INTEGRITY & USER CONDUCT 140 (a) You must not use the Software Package to: 141 142 (i) input, upload, post, disclose or transmit any material which is subject to 143 Intellectual Property Rights of Provider or any third party or breaches any duty 144 of confidence or contractual obligation owed to Provider or any third party; 145 146 (ii) input, upload, post, disclose or transmit any material that is unlawful or 147 violates any law; 148 149 (iii) upload any files that contain viruses, Trojan horses, worms, time bombs, 150 corrupted files or any other similar software or programs that may damage the 151 operation of the Software Package or another's computer or property of another; 152 153 (iv) sub-license, rent, lease, transfer or attempt to assign the rights in the 154 Software Package or the Software to any other person and any dealing in 155 contravention of this sub-clause shall be ineffective; 156 157 (v) falsify or delete any attributions, legends, or other proprietary 158 designations of origin or source of any content of the Software Package; 159 160 (vi) interfere with or disrupt the Software Package or servers or networks 161 connected to the Software Package, or disobey any requirements, procedures, 162 policies, or regulations of networks connected to the Software Package; 163 164 (vii) attempt to gain unauthorised access to the Software Package or computer 165 systems or networks connected to the Software Package through any means; 166 167 (viii) breach any privacy legislation. 168 169 (b) You acknowledge and agree that you must not: 170 171 (i) use the Software Package for any purpose other than the purpose for which it 172 was designed and intended; 173 174 (ii) use the Software Package for any purpose other than for the purposes of 175 your business; 176 177 (iii) commit or permit any act which may interfere with the use of the Software 178 Package by any other user; 179 180 (iv) tamper with, hinder the operation of or make unauthorised modifications to 181 the Software Package or any part thereof; 182 183 (v) damage or modify the Software or the Software Package or any part thereof; 184 185 (vi) reverse engineer, decompile or disassemble the Software or the Software 186 Package or any part thereof; 187 188 (vii) conduct any systematic or automated data scraping, data mining, data 189 extraction or data harvesting, or other systematic or automated data collection 190 activity, by means of or in relation to the Services. 191 192 193 6. LINKS & ADVERTISING 194 (a) Neither Provider nor its officers, directors, employees, agents, or related 195 bodies corporate recommend or endorse the content or advertisements of any 196 third parties which may be linked to or from the Website. 197 198 7. INTELLECTUAL PROPERTY RIGHTS 199 (a) The Software and the Software Package are protected by Intellectual 200 Property Rights. You acknowledge that Provider is the owner of these rights, 201 with our affiliates or other third party licensors. (b) The Provider logo and 202 name are owned by us, and may not be used as part of your business or in 203 connection with any goods or services without the prior written consent of 204 Provider which shall be given, given with conditions or withheld at 205 Provider's absolute discretion. 206 207 8. INFORMATION PROVIDED AND PRIVACY 208 (a) You authorise us to use, store or otherwise process any information 209 including personal information which relates to and/or identifies you, 210 including, but not limited to, your name, company or business name, 211 email address and postal address, all details of your use of the 212 Services such as your access times ('the Personal Information'), for all 213 purposes we consider necessary in our discretion, including research and 214 marketing purposes. You grant us an irrevocable royalty free non-exclusive 215 licence to use your Personal Information in accordance with this clause. 216 217 9. WARRANTIES 218 (a) Provider does not warrant that: 219 220 (i) The Software or the Software Package will provide any function for which it 221 is not specifically designed; 222 223 (ii) The Software or the Software Package will provide any minimum level of 224 performance; 225 226 (iii) The Software or the Software Package will be virus free or free of 227 performance anomalies or be operational without interruption. 228 229 (b) You warrant to us that at the time of entering the Software Package, you 230 were not relying on any representation made by us. 231 232 (c) Except as expressly provided to the contrary, and to the extent permitted by 233 law, we make no representations or warranties of any kind, express or implied as 234 to the operation of your access to or the results of your access to the Software 235 or the Software Package (including any related or linked Software Packages) or 236 the correctness, accuracy, timeliness, or completeness or reliability of the 237 information, content, materials or Services included on the Software Package. 238 239 10. DISCLAIMER AND LIMITATION OF LIABILITY 240 (a) To the extent permitted by law, the Software Package is provided by 241 Provider on an "as is" basis without any express or implied warranty of 242 any kind. You acknowledge and agree that any claim you may have in 243 relation to the Software Package is a claim against the Client, not us. 244 245 (b) The Software or the Software Package may contain inaccuracies or 246 typographical errors. 247 248 (c) The World Wide Web exists across open public networks that are neither 249 secure nor private. Accordingly, you acknowledge and accept the risk that any 250 communication to or from the Software Package may be intercepted, used or 251 modified by third parties. 252 253 (d) Provider may change any of the material on the Software Package at any time 254 without notice. 255 256 (e) Provider makes no commitment to update any material on the Software Package. 257 258 (f) You are responsible for assessing the reliability, accuracy, completeness, 259 timeliness, suitability, quality, physical state or for a particular purpose of 260 the material on or accessible through the Software Package. 261 262 (g) You accept all risks and responsibility for all loss, damage, costs and 263 other consequences resulting from your use of the Software Package or the 264 material on or accessible through the Software Package. 265 266 (h) Where the laws of any country or state in which these Terms of Use are 267 effective implies into these Terms of Use any term, condition or warranty, and 268 those laws avoid or prohibit provisions in a contract excluding or modifying 269 them, then the term, condition or warranty shall be deemed to be included in 270 these Terms of Use provided that the liability of Provider, its officers, 271 directors, employees, agents and related bodies corporate for a breach of any 272 such term, condition or warranty, including any economic or consequential loss 273 which you may sustain shall be limited to the supply of the Services again or 274 $10.00, whichever is the lesser. 275 276 (i) You release Provider and its officers, directors, employees, agents or 277 related bodies corporate from its liability for any loss or damage including 278 without limitation, losses or damages for loss of profits, business 279 interruption, loss of information, indirect, special, punitive or consequential 280 losses or damages arising out of the use or inability to use or reliance on the 281 material or information available on or accessible through the Software Package, 282 even if Provider has been advised of the likelihood of such damages and whether 283 or not caused by any negligent act or omission. 284 285 (j) Without limiting the aforementioned clause you release us from any loss or 286 damage (including indirect, special or consequential loss or damage) arising 287 from the use of, or reliance on, the Software or the Software Package, whether 288 or not caused by any negligent act or omission including but not limited to:- 289 290 (i) loss of use, data or profits on any theory of liability arising out of or in 291 connection with the use of or the inability to use the Software or the Software 292 Package; 293 294 (ii) your reliance on the Software or the Software Package; 295 296 (iii) the statements or actions of any employee or agent of the Provider; 297 298 (iv) any unauthorised access to or alteration of your transmissions or data; 299 300 (v) any information that is sent or received or not sent or received; 301 302 (vi) any failure to store or loss of data or files or other content; 303 304 (vii) your fraudulent, negligent or otherwise unlawful behaviour; 305 306 (viii) any delay or interruption of the Software or the Software Package; 307 308 (ix) any loss incurred as a result of a third party obtaining your access 309 details, either with or without your knowledge; 310 311 (x) any loss or damages in relation to the supply of services on or in relation 312 to this Software Package and any advertisement placed on the Software Package or 313 information made available on the Software Package. 314 315 11. INDEMNITY 316 (a) You agree to indemnify and hold harmless Provider, and its 317 officers, directors, shareholders, employees, consultants, agents, and related 318 bodies corporate from and against all losses, damages, expenses and costs 319 (including solicitor client costs on a full indemnity basis) and all third-party 320 claims, liability, losses, damages, expenses and costs arising from any claim, 321 demand, suit, action or proceeding by any person against any of those 322 indemnified in relation to or in connection with your use of the Software 323 Package or the Software or your failure to comply with these Terms of Use, or 324 from your violation of any applicable law. 325 326 12. UPGRADES 327 (a) You acknowledge and agree that these Terms of Use apply to 328 updates, supplements, add on components, or internet based services components 329 of the Software and the Software Package together with any other terms along 330 with the update, supplement, add on component or internet based services 331 components which Provider provides. 332 333 (b) Provider reserves the right to discontinue any internet based services 334 provided to you or made available to you through the use of the Software and the 335 Software Package at any time. 336 337 13. BREACH AND TERMINATION 338 (a) Provider reserves the right to deny you access to, or use of, all or part 339 of the Software Package, without prior notice, if you engage in any conduct 340 that Provider believes, in its sole discretion: 341 342 (i) violates any term or provision of these Terms of Use or any other terms or 343 policies of Provider in place from time to time; or 344 345 (ii) violates the rights of Provider or any third party; or 346 347 (iii) is otherwise inappropriate for continued access and use of the Software 348 Package. 349 350 (b) Provider may terminate your right to access to, or use of, all or part of 351 the Software Package, immediately on written notice to you if you: 352 353 (i) commit a material breach of these Terms of Use, which is capable of remedy, 354 and you fail to remedy the breach within a reasonable time of a written notice 355 to do so; or 356 357 (ii) commit a material breach of these Terms of Use which cannot be remedied; or 358 359 (iii) are repeatedly in breach of these Terms of Use; or 360 361 (iv) are the subject of a bankruptcy order, or become insolvent, or make any 362 arrangement or composition with or assignment for the benefit of your creditors, 363 or if you go into voluntary (otherwise than for reconstruction or amalgamation) 364 or compulsory liquidation, or a receiver or administrator is appointed over your 365 assets. 366 367 (c) On termination of this Agreement your right to use the Software Package 368 shall cease. 369 370 (d) Termination of your access to the Software Package shall be without 371 prejudice to the rights of the parties accrued before termination. All 372 restrictions imposed on you, disclaimers and limitations of liability set out in 373 these Terms of Use will survive termination. 374 375 14. GENERAL 376 (a) Provider may from time to time amend, update, or change the Software 377 Package, including these Terms of Use, without prior notice. 378 379 (b) These Terms of Use constitute the entire agreement between you and Provider 380 with respect to this Software Package, and the Terms of Use replace all prior or 381 contemporaneous understandings or agreements, written or oral, regarding the 382 Software Package. 383 384 (c) No oral explanation or information provided by a party to another affects 385 the meaning or interpretation of this Agreement or constitutes any collateral 386 agreement, warranty or understanding. 387 388 (d) If any provision of these Terms of Use is found to be invalid or 389 unenforceable, that provision shall be enforced to the maximum extent possible 390 and will be deemed deleted to the extent that it is not enforceable, and the 391 remaining provisions of the Terms of Use shall remain in full force and effect. 392 393 (e) The failure by Provider to insist upon or enforce strict performance of any 394 of these Terms of Use will not be construed as a waiver of any right or remedy 395 of Provider in respect of any existing or subsequent breach of these Terms of 396 Use. 397 398 (f) No waiver by a party of a provision of this Agreement is binding unless made 399 in writing. 400 401 (g) The law of Iceland govern these Terms of Use. You hereby consent and submit 402 to the non-exclusive jurisdiction and venue of the Courts of Iceland for any 403 cause of action relating to or arising under these Terms of Use. 404 405 (h) Provider operates the Software Package in Iceland. Information contained on 406 the Software Package may not be appropriate or available for use in other 407 locations. If you access the Software Package from other locations, you do so at 408 your own initiative and you are solely responsible for compliance with local 409 laws. 410 411 (i) Where possible, the obligations of the parties under this Agreement will 412 indefinitely survive the finalisation or discontinuance of this Agreement. 413 414 (j) This Agreement shall be for the benefit of and binding upon the parties and 415 their heirs, executors, successors and permitted assigns. 416 417 (k) The parties must execute and deliver all documents and must do all things as 418 are necessary for the complete performance of their respective obligations under 419 this Agreement. 420 421 (l) The rights and remedies of a party to this Agreement are in addition to the 422 rights or remedies conferred on the party at law or in equity. 423 424 (m) Rules of construction will not apply to disadvantage a party whether that 425 party put the clause forward, was responsible for drafting all or part of it or 426 would otherwise benefit from it.