PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING ANY PART OF THE SOFTWARE YOU AGREE TO BE BOUND BY THIS LICENSE AGREEMENT. YOU AGREE THAT THE AGREEMENT IS ENFORCEABLE LIKE IT’S SIGNED BY YOU.
This is an End User Agreement (“Agreement”) between You (“Licensee”) and PDFix s.r.o. (“Provider”) for using the Software.
- Terms and Definitions. The Provider is business company PDFix s.r.o., registered in Business Register of Bratislava I District Court, section Sro, file 112512/B; address Jilemnického 2346/3. 90031 Stupava, Slovak Republic; CORP ID: 46248650; VAT ID: SK2023298024; email: firstname.lastname@example.org; web: https://pdfix.net. The Licensee is You, which can be a person or a single legal entity. Software is software created by the Provider consisting of the object code, binary files, mobile, desktop, and online applications. Documentation is all electronic explanatory written materials or files accompanying the Software provided by the Provider. Content denotes all audio recordings, visual recordings, audio-visual recordings, text, charts, software, and other data that may be stored, created, and used in connection to the use of the Software. The License is the right to use Software granted to the Licensee by virtue of the Agreement. A Developer is a person, who is Licensee’s employer or a contractor developing software for the Licensee. End-User Software is software created by Licensee that incorporates the Software. License Information is any information provided to a Licensee regarding the License including a license key, custom builds, custom code samples, or other information not publicly available via Provider’s website or denoted by the Provider as “public”.
- The Subject of the Agreement is a grant of License to use Software by the Licensee. The Provider grants to the Licensee a limited, non-transferable, and non-exclusive License to use the Software in the manner and within the scope determined by the selected type of License, and the Licensee undertakes to pay the license fee throughout the period of the Agreement if applicable.
- The License types. The Free License grants to Licensee use of Software under Apache 2.0 license on his/her electronic devices free of charge. The Trial License is a license granted to a Licensee for testing the Software. On the basis of this license, the Licensee can use Software free of charge for thirty (30) days from the installation date. At the end of this period, the Licensee must uninstall and delete all copies of the Software and the Content. The Developer License is a license granted to Developers to install and use the Software for further development and implementation into custom software not used for production purposes (e.g. they cannot be publicly available or accessed over any network except by the Developers working on products that incorporate a licensed copy of the Software). The Deployment License is a license that allows Licensee to copy and deploy the Software with the End-user Software that Licensee develops with the Software. This licensing type includes deployment for stand-alone desktop computers, servers, hosted services, and the cloud. The scope of the granted License is defined by the price quote or a supplement to this agreement accepted by the Licensee.
- Rights and Obligations. The Licensee shall use the Software only in accordance with this Agreement and valid legislation and applicable law to the use of Software. The Licensee agrees not to (a) allow the unauthorized use of the Software by any third parties, (b) to disclose any License Information provided by Provider without Provider’s prior written consent, (c) make any changes to the Software, decode or use the obtained code or database or parts thereof independently or in connection to other programs, decompile, reverse engineer or otherwise attempt to reveal the source code or underlying algorithms of the Software (d) allow any third parties to use Software for payment or otherwise; this shall not apply to the End users to whom the granted License applies, provide Software to any third parties to copy. (e) create derivative works simulating or competitive to the Software, (f) sub-contract or use the Software in any custom development for the third party without Provider’s prior written consent. The Licensee undertakes to compensate for all damage suffered by the Provider that is caused by the Licensee’s use of Software contrary to the Agreement or the applicable law.
- Warranty. Provider provides support services free of charge for a period limited to ninety (90) days following the Licensee’s proper acquisition of the license granted under this Agreement for the Software. Provider shall promptly, at its expense, provide a correction or workaround for any reproducible material non-conformity, and deliver an updated version of the Software to Licensee and made generally available by Provider to its other licensees of the Software. To the maximum extent permitted by applicable law, the foregoing states the Licensee’s sole and exclusive remedy for any breach of the foregoing warranty. This warranty does not apply if the Software is used in ways that are not covered in the Documentation (including, without limitation, calling undocumented functions, or not complying with documented restrictions), if the Software has been modified (unless Provider has authorized such modifications), improperly installed, operated, stored or maintained, or if the non-conformity is caused by any virus or by any breach by Licensee of any provision of this Agreement.
- Support and Maintenance. Throughout the period of the Agreement Provider grants to the Licensee a Standard Technical Support which includes Software minor and major updates, provision of the code samples, phone or email communication at the conditions defined by the price quote, or a supplement to this agreement accepted by the Licensee. The Licensee may, at his sole discretion, purchase Priority Technical Support, which may include consulting, custom development, builds, Content-specific adjustments, and other custom Licensee requests. The cost of this kind of support is negotiated separately.
- DISCLAIMER. OTHER THAN AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED TO YOU “AS-IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, DESIGN, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CAN NOT BE VALIDLY WAIVED. PROVIDER CAN NOT AND DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
- LIMITATION OF LIABILITY. INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY TO LICENSEE (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE LICENSEE), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SOFTWARE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY) OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, FOR LICENSED SOFTWARE UNDER THIS AGREEMENT. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR BUSINESS PROFITS, REVENUE, OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA OR INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
- Copyright. The Software is the Provider’s copyrighted work, and with regard to the same, the Provider exercises all individual and property rights of an author. By being granted, the Licensee does not acquire any title, property, or any other rights pertaining to such copyrighted work other than the rights granted by the License.
- Delivery. Software, Documentation, and License Information are delivered by the Provider in digital format only using a download link or by email.
- Term and Termination. The License Agreement shall commence upon the effective date and shall continue until terminated. The granted License shall be automatically extended by payment of the license fee for the next term. The Agreement shall cease to exist when the license fee for the next term is not paid before the first day of the new term. The Agreement may be terminated before the lapse of the period for which the License was granted only following a notice of termination submitted by either contracting party. The Provider is entitled to terminate the Agreement, if (a) the Licensee violates this Agreement, the Copyright Act, or another relevant legal regulation, and (b) the Licensee harms the Provider’s reputation. The Licensee is entitled to terminate the License Agreement if the Provider violated this Agreement or another relevant legal regulation. To be valid, the written notice of termination shall be delivered to the other contracting party. The Agreement shall be terminated on the calendar day following the day on which the other contracting party received the notice of termination. If the Agreement is terminated before the expiry of the period for which the License was granted, the Licensee will not be entitled to claim back paid License fee. Upon termination of the Agreement, the Licensee’s right to use Software shall expire. Immediately following the termination of the Agreement, the Licensee shall uninstall Software from all electronic devices and delete all copies of the Software, and delete License Information.
- Dispute Resolution. The Agreement and all disputes will be governed by the laws and settled by the courts of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of laws principles.
- Personal Data Protection. The Provider processes the personal data of Data subjects in accordance with Act No. 122/2013 Coll. on Personal data protection as amended. In accordance with Section 15 (1) of this Act, the information about the processing of personal data is available under Personal data protection.
- Miscellaneous. Licensee agrees to be a reference site for the Provider and accepts the following. The Provider may display the name and logo of the Licensee on its website identifying them as a customer of the Provider. Within thirty (30) days of the Effective Date of this Agreement, the Provider may issue a contract win press release. Co-operate and participate in the production of a case study, regarding the implementation, use, and benefits that the Provider may use as part of its promotional materials. Speak to prospective Provider’s customers about the use & benefits of the Services (via telephone and/or a site visit).
- Final Provisions. Should any of the provisions of the License Agreement be or become invalid or ineffective, this shall not cause the entire agreement to become invalid or ineffective. The relations, rights, and obligations of the contracting parties not regulated by this License Agreement shall be governed by the provisions of the Copyright Act and other relevant legal regulations.