Download

License Agreement

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 resources used in the course of developing a product, but
specifically excluding any access by members of the public or by other people not specifically
part of the development cycle of the product.

'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 out put 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 including 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.



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.

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 14147 2011-10-25 18:19:48Z mike $