Big Faceless Organization End User License Agreement Big Faceless PDF Library License IMPORTANT NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. PLEASE NOTE THAT IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PRESS THE "I ACCEPT" BUTTON AT THE END. ONLY PRESS THE "I ACCEPT" BUTTON IF YOU AGREE TO THE TERMS OF THIS AGREEMENT. 1 Definitions & interpretation 1.1 Definitions In this Agreement, the following words and expressions will have the following meanings unless otherwise stated: 'Authorised User' means the named person for whom a license has been paid by You. Use by anyone other than the named user is unlawful and automatically terminates your rights under this Agreement. 'Development Environment' means the computers used to develop and maintain a Product linked to the PDF Library that are used exclusively by people involved in the development cycle of the Product. Specifically this includes Quality Assurance ("QA") or Test systems, and excludes "live" or production systems accessible to the end-users of the Product, and systems whose primary purpose is disaster recovery. 'PDF Library', means the Big Faceless PDF Library which is a product of and is Copyright (c) Big Faceless Organization. 'Licensor' means Kensington Software Management Limited (Company Number 4526134) whose registered address is: 4-6 Canfield Place, London NW63BT, England 'Link to' means the PDF Library is linked in binary form to a product and is required by the build process of that product to build successfully. 'Product' means a computer program, including a program required to generate the output of a website. 'Website' means any Website owned and maintained by the Licensor relating to the Product. 'You' are the person or organisation licensing the PDF Library and the Product and are, accordingly, the Licensee in respect of it. 1.2 Interpretation 1.2.1 Any headings in this Agreement are for ease of use and are not intended to form part of this Agreement nor effect its interpretation. 1.2.2 Reference to something in the masculine form includes the feminine and neuter forms and vice versa and reference to the singular includes the plural and vice versa. 1.2.3 Reference to clauses and schedules in this Agreement are to clauses of and schedules to this Agreement unless the context otherwise requires. 1.2.4 For all purposes in this Agreement, "writing" includes electronic transmissions. 2 License Grant 2.1 The PDF Library product is licensed under exactly one of the following license types. You agree to abide by the restrictions listed below. (a) Trial Download License Under this License the PDF Library may be downloaded for free and used by You for a limited period for development and initial testing. The intention is to allow You time to assess whether the PDF Library is suitable for their purposes. Under this License, the PDF Library MAY NOT be used outside of a development environment. (b) CPU License Under this License You are granted the non-transferable, non-exclusive and perpetual right to link the PDF Library to part of an applet or product running on (or in the case of applets, downloaded from) a fixed number of production servers - defined as a computer run by You excluding the Development Environment. The price of this License depends on the total number of CPUs used by programs linked to the PDF Library, not the number of physical machines used. This License may be transferred between servers, provided that the number of server CPUs concurrently running products linked to the PDF Library never exceeds the number of server CPUs specified in this License Agreement. (c) OEM License (i) Under this License You are granted the global, irrevocable, non-transferable, non-exclusive and perpetual right to link the PDF Library to products requiring the PDF library as an integral part, and that are developed, marketed and distributed by You and distributed to third parties. The price of this License is based on the total number of products distributed that are linked to the PDF Library, including any non-free updates to the Product. The products distributed by You and linked to the PDF Library must add considerable functionality to the PDF Library. Programs, which in essence mimic the functionality of the PDF Library, or a subset thereof, are expressly prohibited under this License. (ii) This License includes the right for You to sub-license to third parties the right to use this PDF Library only as part of the product developed by You - any other use will require a separate license agreement with the Licensor. This License specifically excludes use which falls under the category of a "CPU License" as defined above. (iii) You undertake and warrant that you will not reveal, divulge or disclose to any third party whatsoever the key code of this OEM License and further undertake to embed the OEM key code in a secure manner. (d) Annual Subscription License Under this License You are granted the non-transferable and non-exclusive right to link the PDF Library to a website or intranet. The price of this License depends on the total number of CPUs used by programs linked to the PDF Library, not the number of physical machines used. Fees for this License are renewed annually as a subscription. This License may be transferred between servers, provided that the number of server CPUs concurrently running products linked to the PDF Library never exceeds the number of server CPUs specified in this License Agreement. 2.2 Development License In addition to the License grants defined in 2.1, an annual charge may apply for running the PDF Library in a Development Environment. This charge will apply only while the Product is "live" - it specifically excludes the period when the product is under development and has not yet been released. 3 Copyright 3.1 You acknowledge that no title to the intellectual property in any part of the Product is transferred to You. You further acknowledge that title and full ownership rights to the Product will remain the exclusive property of The Licensor and its suppliers and You will not acquire any rights to the Product except as expressly set out in this Agreement. You agree that any copies of any part of the Product will contain the same proprietary notices which appear on and in the Product (as appropriate). 3.2 The Licensor warrants that all intellectual property rights in the Product either reside with itself or its suppliers and that the Licensor is entitled to enter into this Agreement and that use of the Product by an Authorised User is not in breach of any third party's intellectual property rights. The Licensor agrees to indemnify You against all costs, claims and liabilities arising from breach of this warranty provided that you immediately notify the Licensor about any alleged breach and render all reasonable assistance to the Licensor (at the cost of the Licensor) in defending any such claim. 3.3 You agree that this License does not include ownership of the source-code for the PDF library, which may be covered by a separate license. 4 Third party copyright notices 4.1 Some icons used by the PDFViewer section of this product were created by Mark James (http://www.famfamfam.com), and are used here with his kind permission. 4.2 The PDF Library includes JBIG2 image decoding routines originally written by IDRsolutions and modified by the Licensor. A condition of distribution for these routines is that the following copyright notice be included: Copyright (c) 2008, IDRsolutions All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the IDRsolutions nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY IDRsolutions ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL IDRsolutions BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 4.3 The PDF Library includes JPEG2000 image decoding routines originally written by Swiss Federal Institute of Technology-EPFL, Ericsson Radio Systems AB and Canon Research Centre France S.A. The source for these classes is available online at http://github.com/faceless2/jj2000. The classes are contained in the "bfopdf-jj2000.jar" file, which is an optional component and may be deleted. A condition of distribution for these routines is that the following copyright notice be included: This software module was originally developed by Raphaël Grosbois and Diego Santa Cruz (Swiss Federal Institute of Technology-EPFL); Joel Askelöf (Ericsson Radio Systems AB); and Bertrand Berthelot, David Bouchard, Félix Henry, Gerard Mozelle and Patrice Onno (Canon Research Centre France S.A) in the course of development of the JPEG2000 standard as specified by ISO/IEC 15444 (JPEG 2000 Standard). This software module is an implementation of a part of the JPEG 2000 Standard. Swiss Federal Institute of Technology-EPFL, Ericsson Radio Systems AB and Canon Research Centre France S.A (collectively JJ2000 Partners) agree not to assert against ISO/IEC and users of the JPEG 2000 Standard (Users) any of their rights under the copyright, not including other intellectual property rights, for this software module with respect to the usage by ISO/IEC and Users of this software module or modifications thereof for use in hardware or software products claiming conformance to the JPEG 2000 Standard. Those intending to use this software module in hardware or software products are advised that their use may infringe existing patents. The original developers of this software module, JJ2000 Partners and ISO/IEC assume no liability for use of this software module or modifications thereof. No license or right to this software module is granted for non JPEG 2000 Standard conforming products. JJ2000 Partners have full right to use this software module for his/her own purpose, assign or donate this software module to any third party and to inhibit third parties from using this software module for non JPEG 2000 Standard conforming products. This copyright notice must be included in all copies or derivative works of this software module. Copyright (c) 1999/2000 JJ2000 Partners. 4.4 The PDF Library includes Brotli decompression routines originally written by Google. The source for these classes is available online at https://github.com/google/brotli. A condition of distribution for those routines is that the following copyright notice be included. Copyright (c) 2009, 2010, 2013-2016 by the Brotli Authors. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. 4.5 The PDF Library includes the "Earcut" polygon triangulation algorithm written by Mapbox (see https://github.com/earcut4j/earcut4j). It is included under the following license: Copyright (c) 2016, Mapbox Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. 4.6 The API documentation includes code from the SyntaxHighlighter project (see http://alexgorbatchev.com/SyntaxHighlighter/). It is included under the following license: Copyright (c) 2003, 2004 Jim Weirich Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. 4.7 The PDF Library includes fonts derived from the "TeX Gyre" collection of fonts (see http://www.gust.org.pl/projects/e-foundry/tex-gyre). They are included under the following license: This is version 1.0, dated 22 June 2009, of the GUST Font License. (GUST is the Polish TeX Users Group, http://www.gust.org.pl) For the most recent version of this license see http://www.gust.org.pl/fonts/licenses/GUST-FONT-LICENSE.txt or http://tug.org/fonts/licenses/GUST-FONT-LICENSE.txt This work may be distributed and/or modified under the conditions of the LaTeX Project Public License, either version 1.3c of this license or (at your option) any later version. Please also observe the following clause: 1) it is requested, but not legally required, that derived works be distributed only after changing the names of the fonts comprising this work and given in an accompanying "manifest", and that the files comprising the Work, as listed in the manifest, also be given new names. Any exceptions to this request are also given in the manifest. We recommend the manifest be given in a separate file named MANIFEST-.txt, where is some unique identification of the font family. If a separate "readme" file accompanies the Work, we recommend a name of the form README-.txt. The latest version of the LaTeX Project Public License is in http://www.latex-project.org/lppl.txt and version 1.3c or later is part of all distributions of LaTeX version 2006/05/20 or later. 5 Restrictions 5.1 You may not resell, transfer, rent or lease the Product. You are not allowed to transfer the rights obtained under this License to any third party, except as defined under the Runtime License defined above. 5.2 The PDF Library is distributed in digital form only from the Website. We will not distribute the product in any other form. 6 Support 6.1 In the event of bugs being found in the PDF Library over and above those known bugs and limitations listed in the accompanying documentation and not including enhancements to the documented functionality of the PDF Library, the Licensor agrees to provide updates free of charge which can be downloaded from the Website and used with the same license key as the original version licensed by You. Although the licensor will endeavour to keep the PDF Library bug-free, they specifically exclude any warranty to that effect, and also specifically deny any time span either express or implied for the correction of any bugs found. 6.2 Technical support over and above the level described in the clause above is available by email only from the licensor at an additional cost. 7 Reverse Engineering You will not attempt to reverse compile, modify, translate, or disassemble the Product or any part of the Product (including anything that may from time to time be available in the Members' Area) in whole or in part (except as provided for by section 50B of the Copyright, Design and Patents Act 1998 (as amended)). 8 Limited Warranties and Exclusions of Liability 8.1 No warranty of any kind, including the implied warranty of merchantability and fitness for purpose, is available if this product is licensed under the "Trial Download" License defined above. For other license types ONLY, the following apply 8.2 The Licensor warrants that the Product may be used substantially in accordance with any online information on the Website at the time of purchase and with any demonstration contained within the Website and as described in its accompanying documentation. 8.3 The Licensor further warrants that the PDF Library is free from backdoors and any form of disablement, which would damage or render any system using the PDF Library inoperable. The Licensor further warrants that even in the event of the breach of this License by You, the Licensor will not impair the operation of the PDF Library except pursuant to an order of court. 8.4 EXCEPT FOR THE LIMITED WARRANTIES SET OUT ABOVE, THE LICENSOR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO [90] DAYS FROM THE DATE OF DELIVERY. 8.5 Any information and advice on the Website is by its nature general and should not be relied on by You without obtaining independent advice and verification. The Licensor cannot therefore accept responsibility for any losses arising as a result of reliance placed on such information and advice. 9 Severability In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. 10 No Liability for Consequential Damages EXCEPT FOR THE LICENSOR'S INDEMNIFICATION AND EACH PARTY'S CONFIDENTIALLITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LICENSOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU. 11 Confidentiality Obligations 11.1 If either party (the "Recipient") obtains access to Confidential information of the other through disclosure by the other (the "Disclosing Party") or by any other means, the Recipient agrees that it will not use the Confidential Information (except as authorised in the Agreement) or disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party. For the purpose of this Agreement, "Confidential Information" shall mean all information about or belonging to the Disclosing Party that is not a matter of public knowledge and all trade secrets and intellectual property owned or licensed by the Disclosing Party. The restrictions of this paragraph shall not apply to any information that: (i) is already rightfully known by the Recipient free of any confidentiality obligation; (ii) is or becomes publicly known except through any wrongful act of the Recipient; (iii) is independently developed by the Recipient without breach of this Agreement; or (iv) is subject to disclosure pursuant to a subpoena, judicial or governmental requirement or order, provided that the Recipient has given the Disclosing Party sufficient prior notice of such subpoena, requirement, or order, to permit the Disclosing Party a reasonable opportunity to object to the subpoena, requirement, or order and to allow the Disclosing Party the opportunity to seek a protective order or other appropriate remedy. The obligations described in this paragraph shall survive termination of the Agreement. 11.2 Either party shall have the right to publish, cause to have published, or use the name of the other party and any information about its relationship with the other party, including but not limited to the inclusion of the other party's name in reference lists or for advertising or other promotional purposes, unless this is expressly prohibited in writing by either party. 12 Termination 12.1 The Licensor may forthwith terminate this Agreement (without prejudice to any prior accrued rights) in the event of the following: 12.1.1 You failing to remedy any material breach of this Agreement (insofar as such breach is reasonably capable of remedy) within 30 days of written notice of such breach; 12.1.2 You being subject to a bankruptcy or compulsary winding up notice or a receiving order or having an administrator appointed in respect of your affairs (save as part of a restructuring or amalgamation otherwise than by reason of your insolvency). 12.2 You will forthwith on termination remove all copies of any part of the Product from your computer system(s) and remove all license keys. 13 General 13.1 If any party does not fully enforce its rights under this Agreement at any time, it will not prevent it from doing so later in respect of a particular breach or any future breach. 13.2 Any notice served pursuant to this Agreement must be in writing, addressed to a party at the last known address for that party and sent by: (a) certified mail or common overnight courier, in which case the notice will (if properly addressed) be deemed received upon the signature of the addressee; or (b) by hand 13.3 Neither party will be responsible for any breach of this Agreement insofar as that breach is a result of an act of event beyond that party's reasonable control but if that situation arises, the relevant party will make reasonable efforts to overcome that problem as soon as reasonably possible. 13.4 This Agreement is not intended to benefit anyone other than the parties to it. 14 Entire Agreement 14.1 This is the entire agreement between You and The Licensor which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. 14.2 We reserve the right to amend our terms and conditions at any time. The amended terms will be effective from the date they are posted on our website. 15 Applicable Law This Agreement is subject to the laws of England and Wales the parties agree to submit all disputes for settlement to the Courts of England and Wales. $Id: LICENSE.txt 36576 2020-05-19 15:21:04Z mike $