See http://www.pdflib.com/fileadmin/pdflib/pdf/license/PDFlib-terms-and-conditions.pdf

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General License and Support Conditions
PDFlib GmbH, Franziska-Bilek-Weg 9, 80339 München, Germany
Telephone +49 • 89 • 452 33 84-0 Fax +49 • 89 • 452 33 84-99
sales@pdflib.com, support@pdflib.com, www.pdflib.com
1 General
The terms defined in Appendix 1: Definitions shall apply for these General License and Support Conditions.
These License and Support Conditions shall apply for all PDFlib GmbH software products.
The present agreement concerns solely executable object code and does not include any rights of any
nature to the products’ source code. Within this agreement, the specific products licensed by the customer
shall be referred to as a whole as »the Program«. The Program shall be supplied with a manual
in electronic format describing the Program characteristics and its use (»the Documentation«).
PDFlib GmbH sells its products and services solely to companies, but not to consumers.
The following provisions in Clauses 2 to 5 relate to licenses for the Program purchased by the customer,
Clause 6 to any additional support services (software maintenance) for the Program, and Clauses 7
to 9 relate to both alike.
2 Scope of the License
2.1 Remunerated Licenses
Purchase of a remunerated license from PDFlib GmbH shall entitle Licensee to the non-exclusive, perpetual
right to use Program on the agreed number of Licensee’s computers run on the agreed platform;
free licenses shall be governed by the provisions in Clause 2.3 and Clause 2.4. The remunerated
license can be transferred to a third party in so far as and as soon as the license transfer form which
can be requested from PDFlib GmbH is properly completed by Licensee and the third party and is received
by PDFlib GmbH.
2.2 License for Backup and Development Systems
The following provisions in Clause 2.2 shall apply for executable object code of the software products
offered by PDFlib GmbH on all platforms except IBM eServer iSeries, IBM eServer zSeries and compatible
systems.
Every properly remunerated licensed Program may be used by the customer not only on the computer
it is first installed on but also on another computer running on the same operating system (»backup
system«), as long as both computers with the same license right (for one computer) are not used at
the same time.
Licensee shall also be entitled to use the Program on an unlimited number of development computers
as long as they are not used for production purposes at the same time (development license). The necessary
preconditions for such a development license are that access to the development computer via
a network is only possible for developers working on products in which a licensed copy of the Program
is or will be integrated, and that the development computer is run on the same platform for which a license
was purchased.
2.3 Free Products
For the products PDFlib FontReporter Plugin, PDFlib TET Plugin and PDFlib TET PDF IFilter (here only the
desktop version and only non-commercial use), Licensee shall be granted a non-exclusive, free, nontransferable
and perpetual license to use the Program on any number of Licensee’s computers. These
licenses shall not be governed by the provisions in Clause 5 (Warranty) and 7 (Liability), the statutory
provisions for gifts shall apply instead.
2.4 Free use of Evaluation Versions of the Program
For certain products, PDFlib GmbH offers freely available versions which can be run without purchasing
a license key (evaluation versions), albeit with restrictions compared with the purchased license of
the same product as described in the pertinent product documentation. For evaluation versions, Licensee
shall be granted a non-exclusive, free, non-transferable and perpetual license to evaluate the
Program on any number of Licensee’s computers. Evaluation in this sense is the consideration by
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Licensee whether to purchase the Program for productive use (productive use is use of the Program directly,
indirectly or as support for profit-making activities or other activities according to its articles of
incorporation by Licensee or a third party), and the development of products by Licensee in which a
(subsequently purchased) remunerated licensed copy of the Program or an evaluation version is or will
be integrated and whose intended use materially exceeds the integration of the PDFlib GmbH Program.
If Licensee integrates the evaluation version in one of his own products of the aforementioned
type, he shall also be entitled to transfer the license to the integrated evaluation version when passing
on his product to a third party.
2.5 PDFlib Block Plugin
For the PDFlib Block Plugin, which is a component of the PDFlib Personalization Server, Licensee of the
PDFlib Personalization Server shall be granted – above and beyond the license granted in Clause 2.1 –
the right to pass the PDFlib Block Plugin on to any number of third parties and to grant them the right
to use the PDFlib Block Plugin solely to create data for their own purposes which are then transmitted
to and processed by Licensee subject to the condition that Licensee secures from the third parties an
undertaking to use the PDFlib Block Plugin only in the aforementioned manner and not to pass it on to
any further persons themselves.
3 Restrictions
3.1 Intellectual Property
The Program and the Documentation are the copyrighted intellectual property of PDFlib GmbH.
When processing existing PDF documents with the Program Licensee must respect the access permissions
and permission controls which have been applied by the document’s author in order to grant or
deny certain rights to the users of the document.
3.2 Reverse Engineering and Confidentiality
Licensee undertakes not to translate, disassemble, or reverse-engineer the Program, in so far as this is
not permitted under Section 69e German Copyright Act.
Licensee undertakes not to redistribute or make publicly available any license key received from PDFlib
GmbH.
3.3 Updates and Upgrades
If Licensee receives the Program as a new main version or maintenance release to an earlier version of
the same or other product (Update) or if a product license is converted into a license for another product
which contains the originally licensed product (Upgrade), the new license shall be provided on a license
exchange basis. Installing and using an updated or upgraded version shall terminate the license
for the earlier version.
4 Delivery
The Program and the Documentation shall be delivered in digital format only. The Program, Documentation
and all pertinent maintenance updates shall be retrieved from the PDFlib GmbH website at
www.pdflib.com. PDFlib GmbH shall not provide Licensee with either digital storage media or printed
Documentation.
5 Warranty
5.1 Warranty for Customers with registered Offices in the Federal Republic of Germany
If the customer has registered offices in the Federal Republic of Germany, the following provisions
shall apply:
Subject to Clause 9, the statutory provisions for warranties shall apply with the condition that the
warranty period (time bar for warranty claims, Section 438 Subs. 1 German Civil Code) shall be one
year. This shall not apply, however, for fault-related claims for damages under compensation for bodily
harm or impairment of health due to a fault for which PDFlib GmbH is liable or under gross negligence
by PDFlib GmbH or its agents, nor for cases of deceit by PDFlib GmbH; these cases shall be governed by
statutory provisions.
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5.2 Warranty for Customers with registered Offices outside the Federal Republic of Germany
If the customer does not have registered offices in the Federal Republic of Germany, the following provisions
shall apply:
If the Program unmodified by the customer does not meet the owed characteristics within a period of
30 days after conclusion of the license agreement, PDFlib GmbH shall promptly at its own expense
and in its own discretion (i) provide a correction of or a workaround for any reproducible faults reported
by Licensee and supply an updated version of the Program or (ii) refund any fees paid under this license
agreement. In the latter case, Licensee shall immediately terminate any use and distribution of
the Program and destroy any license keys issued by PDFlib GmbH. All further liability on the part of PDFlib
GmbH is hereby expressly excluded.
6 Support Agreement / Support Services
In addition to purchasing the license, the customer can request support services from PDFlib GmbH
(support agreement) against payment of an annual fee. This shall be agreed by the customer choosing
the support service for the purchased licenses and PDFlib GmbH accepting the choice.
If the customer has selected the automatic renewal option for the term of the support agreement, the
support agreement shall be prolonged after each term of one year by the same period unless terminated
by the customer with up to one month’s notice to the end of the pertinent term sent by letter or
fax. In this case of automatic prolongation, the support agreement shall also end without separate
declaration by the parties being required if and when the end of the pertinent product’s lifetime is
reached.
This shall be without prejudice to the possibility of termination without notice for good cause.
Under the support agreement PDFlib GmbH shall render the services listed under the »Contractual
Support« column in Appendix 2: Support Services.
7 Liability
7.1 Liability for Customers with registered Offices in the Federal Republic of Germany
If the customer has registered offices in the Federal Republic of Germany, the following provisions
shall apply:
PDFlib GmbH’s liability for simple negligent breaches of cardinal duties (in other words duties whose
fulfillment renders the proper execution of the agreement possible and on whose compliance the contractual
partner may generally rely) is limited to the typical losses foreseeable when the agreement
was concluded. PDFlib GmbH accepts no liability for simple negligent breaches of non-cardinal duties.
7.2 Liability for Customers with registered Offices outside the Federal Republic of Germany
If the customer does not have registered offices in the Federal Republic of Germany, the following provisions
shall apply:
Neither party shall be liable for any losses, interruptions of business or indirect, special, incidental
losses or consequential losses of any kind (including foregone profit) arising from use regardless of the
form of action whether in contract, tort (including negligence), strict product liability or otherwise. Regardless
of the legal grounds, PDFlib GmbH’s liability shall be limited (a) under and in conjunction
with the license agreement to fivefold the license fee and (b) under and in conjunction with the support
agreement to the annual support fee.
8 Data Protection
PDFlib GmbH collects, processes, uses and transmits personal data solely in so far as this is necessary
for executing and fulfilling the contractual relationship with the customer.
9 Applicable Law
This agreement shall be governed by the law of the country in which the customer has his registered
offices, however to the exclusion of the UN Convention Relating to a Uniform Law on the International
Sale of Goods and the conflict of law provisions of international private law.
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10 Legal Forum
The exclusive legal forum for all disputes under and in conjunction with the purchase, license and/or
support agreement(s) shall be PDFlib GmbH’s registered offices for the customer’s claims, for PDFlib
GmbH’s claims the registered offices of the customers or of PDFlib GmbH. This shall be without prejudice,
however, to any statutory provisions for filing counterclaims by the other party in the forum of
the original action.
Page E-5 of 6 PDFlib GmbH General License and Support Conditions, Last amended November 2009 Appendix 1: Definitions
Term Definition Example
Platform Combination of operating system and one or more hardware architectures. Fully compatible versions of
operating system and/or hardware shall be deemed one platform, for Mac OS X and Windows server and
desktop versions shall, however, be deemed different platforms.
Windows XP/Vista/7 (without Windows Server
2003/2008) is one platform;
Solaris on x86 or Sparc is a platform
Product PDFlib GmbH software offering for a certain platform PDFlib 8 for Windows Server 2003/2008;
PDFlib+PDI 8 for Linux on x86
Major release New version of a product with significantly extended functionality PDFlib 8;
TET 3
Maintenance release
A maintenance release (also called minor release) is a new version of a product that rectifies faults, modifies
the product to new versions of an operating system or a language binding etc. Maintenance releases
do not contain any significant extensions in functionality, however. A maintenance release is explicitly
marked as such.
PLOP 4.1 is a maintenance release of PLOP 4.
Update An Update converts an existing product license into a license for a newer major release of the same product
for the same platform.
Updating from PDFlib 7 for Windows XP/Vista/7 to
PDFlib 8 for Windows XP/Vista/7
Upgrade An Upgrade converts an existing license for a product into a license for the same major release of a
higher-quality product, which constitutes a functional expansion of the first product.
Upgrading from PDFlib 8 to PDFlib+PDI 8 or from
PDFlib+PDI 8 to PPS 8
Fault A fault (Bug) is any variance from the documented behavior, PDF output rejected by Adobe Acrobat as
faulty, or software crash, subject to the condition that suitable input data were used and all documented
conditions were complied with.
PDFlib does not correctly convert a JPEG image to
PDF, although this should be possible according to
the Documentation.
Language
binding
Executable version of a product for use with a platform-specific version of a programming language or
programming environment.
PHP 5.1.1 on Linux; Java 1.4 on Windows;
.NET 3.0 on Windows
Lifetime The lifetime of a product defines how long support cases to this product will be accepted (given a valid
support agreement). The lifetime shall be defined for each major release of a product. It is stated in the
pertinent Documentation and also posted at www.pdflib.com.
The lifetime of PDFlib 7 will end in 10/2011.
Page E-6 of 6 PDFlib GmbH General License and Support Conditions, Last amended November 2009 Appendix 2: Support Services
Service Example
Warranty
(free)
Contractual support
(fee-based)
Response time for a support case (actual fault rectification may take longer) undefined 2 business days
End of support: Support for a product is no longer available Germany: 1 year
otherwise: 30 days
lifetime of the product
Correction1 or workaround for a fault
1. Implemented by a maintenance release for all licensed platforms and the pertinent language binding used.
in so far as required by
law
yes
Modifications for a newer version of an operating system platform not fully compatible
with the previous one1.
Windows Vista requires modifications to
programs running under Windows XP.
voluntary yes
Modifications for a newer version of a language binding not fully compatible with
the previous one1.
PHP 5 requires modification of the PDFlib
language binding for PHP 4
voluntary yes
Modifications for the corrected version of a language binding that is not the current
version but was supported in the past and the corrected version of the language
is not fully compatible with the previous one1.
PHP 5.1.1 requires modification of the PDFlib
language binding for PHP 5.1.0, although
PHP 5.2 is already supported.
voluntary yes
License to use the current maintenance release of the licensed product Migration from PDFlib 7.0.3 to PDFlib 7.0.4 voluntary free
Availability (download) of the licensed product up to availability of the
next major release
lifetime of the
product
Availability (download) of the latest maintenance release of the licensed product up to availability of the
next major release
lifetime of the
product
Update to the current main version of the licensed product Migration from PDFlib 7 to PDFlib 8 at the update list price free
Information on availability of new maintenance or major releases – by email
Upgrade to current maintenance release of a higher-quality product of the same
major release at the upgrade list price
Migration from PDFlib 8 to PDFlib+PDI 8 1 year after availability
of the next major release
lifetime of the
product
Purchase of additional licenses of the licensed product at the list price Customer uses PDFlib 7 and requires further
licenses for this version, although PDFlib 8 is
already available.
1 year after availability
of the next major release
lifetime of the
product