NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING OR COPYING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This ActivePDF, Inc. ("ActivePDF") End User License Agreement ("EULA") accompanies the DocSpace application 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 of the Software, you will be asked to accept this agreement and continue to install. If you wish to decline this agreement you will not be able to use the Software. If you do not agree to these terms, then remove the Software immediately and do not 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.
"Derivative Work" – Any software programs, and copies thereof, which are developed by Licensee and which are based on or incorporate any part of the Software, including without limitation any revision, modification, translation (including compilation or recapitulation by computer), abridgment, condensation, expansion, or any other form in which Software may be recast, transformed or adapted, and that, if prepared without ActivePDF’s authorization, would constitute a patent, copyright or trade secret infringement of the Software.
"Device" – A loaded operating system running either on a physical computer or within a virtual environment. Each virtual environment on a physical computer is deemed a device.
"Licensee" – The individual or, if an entity, the entity, accepting this agreement.
“Ordering Document” – The document (sales order, invoice and/or other sale receipt) produced by ActivePDF (or duly authorized distributor) and that details the license(s) and/or service(s) purchased by the Licensee.
“Personally Identifiable Information” – Any data that could potentially be used to identify a particular person.
“Product Website” – The URL https://www.activepdf.com/products/DocSpace
“Purchase Website” – The URL https://ds-store.activepdf.com/purchase.aspx
"SaaS Application" – A Derivative Work delivered over the Internet for which you charge customers to access or use. Other terms that may be used interchangeably with SaaS Application include, but are not limited to, Software as a Service, on-demand software, services as a software substitute, Infrastructure as a Service, Platform as a Service, Desktop as a Service, Backend as a Service, and Service Bureau.
"Separate Agreement" – Any other agreement entered into between ActivePDF and you that removes from, adds to or replaces this SLSA.
“Serial Number” – A uniquely generated identifier that specifies your entitlements under this EULA.
“Task Launch” – The execution of the Software to perform a specific series of actions either manually or automatically.
“Telemetry” – The capability that is integrated to the Software to collect and send product usage and system configuration information to ActivePDF.
2. GRANT OF LICENSE.
a. EVALUATION LICENSE – If you have not purchased a license from ActivePDF (or duly authorized distributor), you are hereby granted an evaluation license (“Evaluation License”) to use the Software on a single Device for a limited period of time or a specific number of Task Launches, whichever occurs first. ActivePDF reserves the right to extend the evaluation period or the number of Task Launches but under no circumstances are you to use the Software beyond the initial or extended period or the number of Task Launches. You hereby agree and understand that the Software may be limited in functionality, output may be watermarked or other measures, if any, as ActivePDF sees fit. ActivePDF is under no obligation to provide support and all warranty on the Software is “AS-IS”.
b. BASE PLAN LICENSE – If you have purchased a base plan license (“Base Plan License”) from ActivePDF (or duly authorized distributor), you are hereby granted a non-transferable, nonexclusive license to use the Software on the number of Devices as stated on your Ordering Document or, if not stated, as stated on the Purchase Website for the Base Plan License, you purchased. The Base Plan License shall be effective from the start date as indicated on the Ordering Document or, if not indicated, on the date you purchased and shall expire on the end date as indicated on the Ordering Document, or if not stated, ninety (“90”) days for a project plan (“Project Plan”) or one (“1”) year for an annual plan (“Annual Plan”). The Base Plan License you purchased is also subject to cumulative processing volume and functional limits shared across all Devices as indicated on your Ordering Document or, if not stated, as stated on the Purchase Website or the Product Website. At a minimum, the Base Plan License is subject to the total Task Launches limitation as indicated on your Ordering Document or, if not indicated, as stated on the Purchase Website.
c. ADD-ON LICENSE – If you have purchased an add-on license (“Add-On License”) from ActivePDF (or duly authorized distributor) and provided you have purchased one or more valid corresponding Base Plan Licenses, you are hereby granted a non-transferable, nonexclusive license to use the specific functionality of the Software as indicated by the type of Add-On License you purchased across all Devices as stated on your Ordering Document or, if not stated, across an unlimited number of Devices, subject to the limits of the Add-On License as indicated on your Ordering Document or, if not indicated, as stated on the Purchase Website. You may only use the Add-On license so long as your corresponding Base Plan License is effective.
a. You may not use the Software to produce any Derivative Works.
b. You may not resell, transfer, rent or lease the Software nor share Add-On Licenses with other Licensees.
c. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, de-obfuscate, de-minimize or otherwise attempt to discover the source code of the Software. All rights granted under this EULA to the Software will immediately cease upon discovery by ActivePDF.
d. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software.
e. You agree to hold in the strictest confidentiality any and all Serial Numbers given to you by ActivePDF to enable your application.
f. Under no circumstances is the Software to be used, alone or integrated into your application(s), as part of a SaaS Application unless a Separate Agreement is entered into.
g. You agree to not use the Software to violate any individual’s or entity’s copyright protection with unauthorized access to that individual’s or entity’s content and indemnify and hold harmless ActivePDF from any such activity even if such violation is unintentional.
h. Processing Volume – This license provides a limit on consumable volume units (e.g. pages, documents, words, symbols) to be processed during the duration of your license. You agree not to exceed the number of the volume units authorized to be processed during the duration of your license. You also agree to make no attempts to circumvent the calculation and storage of the volume units consumed; without the express written consent of ActivePDF.
i. 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.
j. You agree not to modify the “Producer” or “Creator” fields within any PDF documents created by Software.
k. You may not bypass the Software’s user interface that is provided with the Software, without an additional written agreement with ActivePDF, including use of the Software in aggregate with any other Software, except by means stipulated in the Software.
l. ActivePDF reserves all rights not expressly granted.
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 and any rights granted, prohibited and/or reserved under this EULA are protected by Title 17 of the United States Code and International Treaty provisions. You may use trademarks only insofar as required to comply with 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.
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 the EULA associated with the upgrade. 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.
6. REDISTRIBUTABLE CODE.
No portion of the Software may be redistributed or embedded into a redistributed application.
7. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the Software or related documentation and technical data 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.
8. 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.
9. INCLUDED SUPPORT SERVICES.
a. For evaluation licenses, you are limited to forum-based support only accessible at https://DocSpaceSupport.activepdf.com.
b. For Base Plan licenses, you are entitled to that support as indicated on your Ordering Document or, if not stated, as stated on the Product Website.
c. For Add-On licenses, you are entitled to that support as indicated on your Ordering Document or, if not stated, as stated on the Product Website for your corresponding Base Plan License.
10. TELEMETRY TRANSMISSION.
a. For Evaluation Licenses, you agree to permit Telemetry that does not include Personally Identifiable Information to be transmitted to ActivePDF license servers on a periodic basis.
b. For Base Plan Licenses and Add-On Licenses, you agree, that if configured on your Device, to permit Telemetry that does not include Personally Identifiable Information to be transmitted to ActivePDF license servers on a periodic basis.
In order to verify your compliance with this EULA, ActivePDF in its sole discretion may request either or both of the following: that you provide ActivePDF with a written certification describing the extent of your use of the Software, including consumed processing volume, and/or allow ActivePDF and/or its representatives to conduct a reasonable audit of your applicable records and premises. You agree to comply with such request(s) and to provide ActivePDF with such assistance as may be reasonably requested by ActivePDF.
If, after any audit, discrepancies are discovered in use, counts or any other mechanism ActivePDF relies upon to determine your licensing, you agree to immediately purchase the requisite licensing. Failure to do so will result in a termination of all rights granted under this EULA with no refund or offset.
12. GENERAL PROVISIONS.
a. Entire Agreement. This EULA sets forth ActivePDF’s entire liability and your exclusive remedy with respect to the Software and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. You acknowledge that this EULA is a complete statement of the agreement between you and ActivePDF with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software. You also acknowledge that the terms and conditions of this EULA may change, from time to time, and that installation of the Software shall constitute acceptance of the version publicly available at www.activepdf.com/policies/docspace-eula.
b. Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
c. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
d. Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
e. Governing Law. 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 EULA may only be modified in writing signed by an authorized officer of ActivePDF.
13. 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 of the Electronic Code of Federal Regulations; Civilian agency contract – Use, reproduction, or disclosure is subject to 52.227-19 of the Federal Acquisition Regulation (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, 28202 Cabot Road, Suite 155, Laguna Niguel, CA 92677.
Unpublished-rights reserved under the copyright laws of the United States. ActivePDF Inc., a California Corporation, 28202 Cabot Road, Suite 155, Laguna Niguel, CA 92677.
For more information on this policy or other questions or concerns, please contact us at firstname.lastname@example.org.
For direct questions concerning this policy, or to contact ActivePDF for any reason, please call 949-582-9002.
For mail inquiries:
RE: DOCSPACE EULA
28202 Cabot Road, Suite 155
Laguna Niguel, CA 92677