NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This activePDF, Inc. ("ACTIVEPDF") End User License Agreement ("EULA") accompanies all activePDF products and related explanatory materials ("SOFTWARE"). The term "SOFTWARE" shall also include any upgrades, modified versions or updates of the Software licensed to you by ACTIVEPDF. Please read this EULA carefully. If you are reading this prior to electronic distribution, you will be asked to accept this agreement and continue to install or, if you wish to decline this agreement, in which case you will not be able to use the Software.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. DEFINITIONS
I. SERVER - A single computer wholly owned, rented or leased by a single individual or entity on which one or more applications load and execute SOFTWARE in the memory space of that computer so that one or more users may access it.
II. VIRTUAL SERVER - A single computer wholly owned, rented or leased by one individual or entity and who, in turn, rents or leases access to this computer to other individuals or entities and on which one or more applications load and execute SOFTWARE in the memory space of that computer so that multiple users may access it.
III. DEVELOPMENT - The act of programming a tool or application that interacts with SOFTWARE.
IV. APPLICATION SERVICE PROVIDER - An individual or entity ("OWNER") and who, in turn, charges other individuals or entities a fee for access to software applications wholly owned or licensed and maintained by the OWNER. The OWNER's application(s) load and execute SOFTWARE in the memory space of that computer so that multiple users may access it.

2. GRANT OF LICENSE : Upon issuance of a valid SERIAL NUMBER (for SERVER and VIRTUAL SERVER LICENSES) by ACTIVEPDF to you, this EULA grants you the following rights:
a. SOFTWARE PRODUCT : ACTIVEPDF grants to you as an individual, a non-transferable, nonexclusive license to use the SOFTWARE PRODUCT as follows:
I. IF YOU PURCHASED A SERVER LICENSE - Usage is restricted to a single SERVER for a single individual or entity. All SERVERS that use this product must be licensed. III. IF YOU PURCHASED A VIRTUAL SERVER LICENSE - Usage is restricted to a single individual or entity. All other individuals or entities that can access or use SOFTWARE must purchase a separate VIRTUAL SERVER LICENSE.
II. If you Purchased a Development License or a Developer Bundle. (SALES AND GRANT OF DEVELOPER LICENSES ARE AT ACTIVEPDF'S DISCRETION AND ALWAYS REQUIRE THE PURCHASE OR EXISTENCE OF VALID PRODUCTION LICENSES) You are hereby granted the right for development use only for the license or licenses purchased as development licenses. You must purchase a license for each developer granted access and for each development machine where you load the software. Development software is for Development purposes only and you may not use Development licenses in a live test or production environment (Test Servers require full licenses not Development Licenses). You may not resell, transfer, rent, or lease the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software. You also agree to hold in the strictest confidentiality any and all code given to you by ACTIVEPDF to enable your application.
b. If you are an entity, ACTIVEPDF grants you the right the same rights as above.
c. UNTIL A VALID SERIAL NUMBER HAS BEEN ISSUED TO YOU BY ACTIVEPDF, YOU MAY ONLY USE THE SOFTWARE FOR A TRIAL PERIOD NOT TO EXCEED FIFTEEN (15) DAYS FROM THE INITIAL INSTALLATION. YOU AGREE TO REMOVE ANY COPIES OF THE SOFTWARE UPON EXPIRATION OF THE TRIAL PERIOD IF YOU DO NOT PURCHASE THE SOFTWARE. YOU MAY NOT DISTRIBUTE ANY PORTION OF THE SOFTWARE, INCLUDING THOSE PORTIONS OUTLINED UNDER "REDISTRIBUTABLE CODE" BELOW, UNTIL YOU ARE ISSUED A VALID SERIAL NUMBER. NO LICENSE IS GRANTED UNTIL THAT TIME.
d. ELECTRONIC DOCUMENTS : Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
e. STORAGE/NETWORK USE : You may store or install one (1) copy of the SOFTWARE on a storage device, such as a network server, for backup and archival purposes only. A license for the SOFTWARE may not be shared or used concurrently on different computers.
f. You agree not to modify the Producer or Creator fields within any PDF documents created by SOFTWARE.
g. ACTIVEPDF reserves all rights not expressly granted.

3. COPYRIGHT. The SOFTWARE is owned by ACTIVEPDF and its suppliers, and its structure, organization and code are the valuable trade secrets of ACTIVEPDF and its suppliers. The SOFTWARE is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this EULA and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this EULA does not grant you any intellectual property rights in the Software.

4. RESTRICTIONS. You may not resell, transfer, rent or lease the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software. Redistribution rights, if any, are outlined below.

5. ADDITIONAL RESTRICTIONS.
I. For activePDF Server, activePDF DocConverter or activePDF WebGrabber : You agree that you will only use SOFTWARE on a SERVER and all applications that will access SOFTWARE will reside on the SERVER and you will not permit remote access to SOFTWARE except through your application residing on the SERVER. Additionally, you agree not to use SOFTWARE in a generic, bureau-like fashion whereby the only functionality of your application is to submit files for conversion to PDF.
II. For activePDF Server : You agree to not attempt to violate the internal licensing mechanism for processing thread increases. You also agree to not attempt to defeat said internal licensing mechanism by, directly or indirectly, halting and restarting the SOFTWARE.
III. For activePDF DocConverter : You agree that you will not charge any fees, directly or indirectly, internally or externally, for access to SOFTWARE. This restriction includes charging per document, for the right to convert documents on your server and/or as a requirement of any sort. You also agree that should you violate this restriction, you will pay ACTIVEPDF an amount commensurate to the total amount collected by you for said restricted services or $2,000 US, whichever is more. You also agree to surrender your license(s) immediately upon notification of violation of this restriction and that you will not be refunded any monies upon surrendering your license. You agree to not attempt to violate the internal licensing mechanism for document processing increases. You also agree to not attempt to defeat said internal licensing mechanism by, directly or indirectly, halting and restarting the SOFTWARE.
IV. For activePDF WebGrabber : You agree to only render HTML to which you have a legal and lawful right to access and that you will not violate any individual's or entity's copyright protection with unauthorized access to that individual's or entity's content. You also agree to indemnify and hold harmless ACTIVEPDF from any such activity even if such violation is unintentional.
V. For activePDF DocConverter : Installation and use by an APPLICATION SERVICE PROVIDER requires a separate, signed agreement and is prohibited by this EULA.

6. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by ACTIVEPDF as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. Development licenses are not eligible for upgrades or other rights granted to products purchased with subscription.

7. REDISTRIBUTABLE CODE :
I. SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.
II. VIRTUAL SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.

8. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE or related documentation and technical data or (b) your software products as defined under of this EULA (or any part thereof), or any process or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

9. NO WARRANTY. The SOFTWARE is being delivered to you AS IS and ACTIVEPDF makes no warranty as to its use or performance. ACTIVEPDF AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ACTIVEPDF AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ACTIVEPDF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ACTIVEPDF REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

10. GOVERNING LAW AND GENERAL PROVISIONS. This EULA will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ACTIVEPDF.

11. Notice to Government End Users. If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in this EULA.

Unpublished-rights reserved under the copyright laws of the United States. activePDF, Inc., a California Corporation, 27405 Puerta Real, Suite 100, Mission Viejo, California 92691.
Effective 3/1/2005