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  
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     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.