END USER LICENSE AND TECHNICAL SUPPORT AND MAINTENANCE AGREEMENT
IMPORTANT—READ CAREFULLY: This End User License and Technical Support and Maintenance Agreement (“EULA”) is a legal agreement between you (or “your” as either an individual or a single entity) and PDFSF, Inc. (“Licensor”) and its affiliates (collectively, “PDF Share Forms”) for PDF Share Forms software, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (collectively “Licensed Software”) as well as technical support and maintenance services for the Licensed Software (“Technical Support and Maintenance”) if licensed from PDF Share Forms. The Licensed Software also includes any updates and supplements to the original Licensed Software which may be provided to you by PDF Share Forms in its sole discretion. Any software or code provided along with the Licensed Software that is associated with a separate end-user license or other agreement is licensed to you under the terms of that separate license or other agreement. By accepting this EULA, or installing, accessing or otherwise using the Licensed Software, you agree to be bound by the terms of this EULA, or, if you and PDF Share Forms have entered into a separate signed (which may be an electronic signature) written license agreement with PDF Share Forms regarding the Licensed Software and Technical Support and Maintenance, you agree to be bound by the terms of such agreement. For your future reference, you may print the text of this EULA, or refer to a copy of this EULA that can be found in the EULA.rtf file included with the software.
If you do not agree to the terms of this EULA, do not install, access or use the Licensed Software or use Technical Support and Maintenance.
The PDF Share Forms Enterprise Software includes, subject to change without notice:
- PDF Share Forms Enterprise (on your premises)
- PDF Share Forms Informational Worker (on your premises)
- PDF Share Forms for Office 365 (Cloud or software as a service (“SaaS”))
- PDF Share Forms OnDemand (Cloud)
- PDF Share Forms Cloud (Cloud)
PDF SHARE FORMS ENTERPRISE SOFTWARE AND TECHNICAL SUPPORT AND MAINTENANCE LICENSE
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
- Grant of License; License Keys.
GRANT. Under this EULA, PDF Share Forms grants to you a non-exclusive, revocable, limited, license to use the version of the Licensed Software provided to you by PDF Share Forms, and to receive Technical Support and Maintenance if acquired by you and provided by PDF Forms, solely for your own internal business purposes and subject to the terms of this EULA. Your use of the Licensed Software shall also be in accordance with the documentation for the Licensed Software and the applicable License Key and License Configuration as defined herein. Your license rights as specified herein may be perpetual (“Perpetual License”), or limited to a subscription period, if applicable (“Subscription License”), each only as agreed by PDF Share Forms in writing. You may allow your agents and contractors to use the Licensed Software only for your internal business purposes, not theirs, and you are responsible for their compliance or non-compliance with the terms of this EULA in such use. Unless otherwise provided in this EULA, you may only make copies of the Licensed Software for archive purposes, provided that you return the Licensed Software, and all copies thereto, to Licensor upon request by Licensor or upon termination of your license to the Licensed Software. The Licensed Software is deemed accepted when PDF Share Forms makes the Licensed Software available to you.
LICENSE KEYS. The Licensed Software shall require an applicable license key in order to access its functionality (“License Key”). The Licensed Software may (solely in PDF Share forms discretion) be initially provided to you with a trial or evaluation License Key which allows time-limited access to the Licensed Software with limited functionality until the License Key expires. In order to access the full functionality of the Licensed Software, each copy of the Licensed Software shall require an applicable License Key issued by PDF Share Forms, per the terms and conditions required by PDF Share forms, for a limited number of servers, users, specifically identified computers, fixed subscription period, and/or other usage rights or limitations (“License Configuration”). You agree to be bound by the License Configuration terms which PDF Share Forms provides to you as part of licensing the Licensed Software.
All rights not expressly granted in this EULA are reserved by PDF Share Forms.
- Other Rights and Limitations.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You shall not cause or permit the reverse engineering, decompilation, or disassembly of the Licensed Software or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law.
SPECIFIC USE. All code and other materials provided with PDF Share Forms products may only be used with those specific PDF Share Forms products and in compliance with this EULA.
MARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of PDF Share Forms. You shall not remove or modify any Licensed Software markings or any notice of PDF Share Forms’ proprietary rights.
THIRD PARTY USE. You shall not rent, lease, sell, re-sell, license, sublicense, lend, distribute and/or transfer the Licensed Software, or make the Licensed Software available in any manner to any other party (such as an affiliate of yours) for use in the other party’s business operations or otherwise (unless such access is expressly permitted in writing by PDF Share Forms).
Stand Alone: The Licensed Software is stand alone, and you are not to attach or combine the Licensed Software with any other software and/or code.
Personally Identifiable Information. Personally Identifiable Information (“PII”) is any information about an individual that: (i) can be used to identify, contact or locate a specific individual, (ii) can be used in conjunction with other personal or identifying information to identify or locate a specific individual, including, for example, a persistent identifier, such as a customer number held in a “cookie” or processor serial number, or (iii) is defined as “personal information” by applicable law. Without limiting and in addition to any other provision in this EULA, you are solely responsible for any PII you use with the Licensed Software, and PDF Share Forms has no responsibility thereto.
ACTUAL LICENSE LIMIT. If you use software, hardware, or other means that (i) reduces or makes it appear the number of users accessing or utilizing the Licensed Software is reduced; (ii) allows you to exceed the time period or number of processors (“CPUs”) or servers for which the Licensed Software is licensed to you; or (iii) otherwise prevents the Licensed Software from keeping an accurate count of the time period, or number of users, CPUs or servers actually accessing or utilizing the Licensed Software, you shall immediately pay additional license fees as to, and in such amounts, as PDF Share Forms shall solely determine. Solely at the discretion of PDF Share Forms, this additional fee may be based on the actual time period the License software is being used, the number of users actually using the Licensed Software or the actual CPUs on each computer(s) on which the Licensed Software is installed, as applicable, or otherwise.
BENCHMARKS AND COMPETITIVE USE. You shall not disclose results of any Licensed Software benchmark tests, or otherwise, without PDF Share Forms’ prior written consent. The Licensed Software may not be used for purposes of analysis or development of any product or service, whether or not competitive with PDF share Forms.
INTELLECTUAL AND PROPRIETARY RIGHTS. All rights, title, and interest, including without limitation copyrights and any other intellectual or proprietary rights, in and to the Licensed Software, are owned by PDF Share Forms or its licensors, and not by you or any other individual or entity.
- Technical Support and Maintenance Services. This EULA does not entitle you to receive any enhancements, improvements, modifications to or technical support for the Licensed Software. PDF Share Forms may, solely at its discretion, provide you with Technical Support and Maintenance if you have ordered such services from PDF Share Forms and paid for it. Use of Technical Support and Maintenance is governed by the PDF Share Forms policies and programs in effect at the time such Technical Support and Maintenance is ordered and this EULA. Any enhancements, improvements, modifications or other supplemental software provided to you as part of Technical Support and Maintenance shall be considered part of the Licensed Software and subject to the terms and conditions of this EULA. With respect to feedback, technical information, or other information you provide to PDF Share Forms as part of Technical Support and Maintenance (collectively, “Feedback”), without any compensation or offset to you or any other person, PDF Share Forms may use Feedback for its business purposes, including, without limitation for product support and development. You represent, covenant and warrant that Feedback does not infringe or misappropriate any intellectual property, proprietary or privacy right.
- Payment Terms. You shall pay any sales, value-added or other similar taxes, duties or charges imposed by applicable law that PDF Share Forms must pay based on the Licensed Software and/or Technical Support and Maintenance provided to you, except for taxes based on PDF Share Forms’ income. You have not relied and will not rely on the future availability of any software, updates, technical support and/or maintenance in ordering or obtaining the Licensed Software and/or Technical Support or Maintenance, including, without limitation, irrespective of statements or representations of PDF Share Forms or any of its representatives to the contrary.
- Warranties, Disclaimers and Exclusive Remedies.
If you have acquired a Perpetual License for the Licensed Software, PDF Share Forms warrants for 90 days after initial provision to you of the License Key which allows you access to the functionality of the Licensed Software which you have licensed that the Licensed Software will function in all material respects as described in the documentation for a Perpetual License of the Licensed Software, subject to compliance with the License Configuration.
If you have acquired a Subscription License for the Licensed Software, PDF Share Forms warrants for 90 days after the start of your subscription, or an annual renewal of such subscription, if applicable that the Licensed Software will function in all material respects as described in the documentation for a Subscription License of the Licensed Software, subject to compliance with the License Configuration.
You must notify PDF Share Forms of any Licensed Software warranty deficiency during the applicable 90 day warranty Period set forth above. PDF Share Forms also warrants that if you contracted and paid for Technical Support and Maintenance and PDF Share Forms has provided Technical Support and Maintenance to you, it will be provided in a professional manner consistent with industry standards. You must notify PDF Share Forms of any Technical Support and Maintenance warranty deficiencies within 15 days of a deficiency in the Technical Support and Maintenance.
TO THE EXTENT PERMITTED BY LAW, THE ABOVE LIMITED WARRANTIES ARE EXCLUSIVE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, (I) THE LICENSED SOFTWARE AND TECHNICAL SUPPORT AND MAINTENANCE ARE PROVIDED TO YOU “AS IS” WITH NO WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, (II) PDF SHARE FORMS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES, AND/OR CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND (III) YOUR USE OF THE LICENSED SOFTWARE AND TECHNICAL SUPPORT AND MAINTENANCE IS AT YOUR OWN RISK. WITHOUT LINITING THE FOREGOING, PDF SHARE FORMS DOES NOT WARRANT OR GUARANTEE THAT THE LICENSED SOFTWARE AND/OR THE TECHNICAL SUPPORT AND MAINTENANCE WILL MEET YOUR REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT PDF SHARE FORMS WILL CORRECT ALL ERRORS IN THE LICENSED SOFTWARE AND/OR THE TECHNICAL SUPPORT AND MAINTENANCE. .
FOR ANY BREACH OF THE ABOVE LIMITED WARRANTIES, YOUR EXCLUSIVE REMEDY AND PDF SHARE FORMS’ ENTIRE LIABILITY, SHALL BE, AT PDF SHARE FORMS’ DISCRETION, , (A) THE CORRECTION OF ERRORS IN THE LICENSED SOFTWARE AND/OR TECHNICAL SUPPORT AND MAINTTENCE THAT CAUSED THE LIMITED BREACH OF THE WARRANTY; OR (B) TERMINATION OF YOUR LICENSE FOR THE LICENSED SOFTWARE AND REFUND OF THE FEES YOU PAID TO PDF SHARE FORMS FOR THE SPECIFIC LICENSED SOFTWARE (IN THE CASE OF SUBSCRIPTIONS, SUCH REFUND SHALL BE LIMITED TO A PRORATION OF THE THEN-CURRENT SUBSCRIPTION PERIOD FEE) AND ANY UNUSED, PREPAID TECHNICAL SUPPORT AND MAINTENANCE FEES YOU HAVE PAID FOR THE SPECIFIC LICENSED SOFTWARE, (Y) THE REPERFORMANCE OF DEFICIENT TECHNICAL SUPPORT AND MAINTENANCE; OR (Z) TERMINATION OF THE RELEVANT TECHNICAL SUPPORT AND MAINTENANCE AND REFUND ANY UNUSED PREPAID TECHNICAL SUPPORT AND MAINTENANCE FEES YOU HAVE PAID TO PDF SHARE FORMS FOR THE DEFICIENT TECHNICAL SUPPORT AND MAINTENANCE.
- Limitation of Liability.
PDF SHARE FORMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, PII, DATA OR DATA USE, ARISING FROM THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT AND MAINTENANCE, EVEN IF PDF SHARE FORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, PDF SHARE FORMS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF THE LICENSED SOFTWARE, AND/OR OR TECHNICAL SUPPORT AND MAINTENANCE, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU PAID TO PDF SHARE FORMS FOR THE DEFICIENT LICENSED SOFTWARE OR TECHNICAL SUPPORT AND MAINTENANCE UNDER THIS EULA. No action, regardless of form, arising out of or relating to this EULA or the Licensed Software may be brought by you against PDF Share Forms more than one year after the cause of action has accrued.
- Termination. This EULA and your license to use the Licensed Software shall terminate automatically if you fail to comply with the terms of this EULA and/or fail to make by payment to PDF Share Forms. No notice will be required by PDF Share Forms to effect a termination. If this EULA is terminated, you shall pay PDF Share Forms within 30 days all amounts owed to PDF Share Forms which have accrued prior to the date of termination. If you are in default of this EULA, or if the EULA is terminated, you may no longer use or continue to possess the Licensed Software or receive the Technical Support and Maintenance. Notwithstanding anything to the contrary, your license to the Licensed Software and your receipt of the Technical Support and Maintenance will terminate immediately if you become insolvent or bankrupt or enter into any arrangement or composition with your creditors or if a receiver, trustee or administrator is appointed to operate or otherwise direct your business or assets. Provisions of this EULA which by their nature survive termination or expiration of this EULA, including, without limitation, all definitions, any payments owed by you to PDF Share Forms, and Sections 1 (first paragraph, fifth sentence only), 2 (third paragraph (first sentence only), fourth paragraph, sixth paragraph, eighth paragraph, and ninth paragraph, only) 4, 5, 6, 7 (except the first sentence and except the fourth sentence), and 8-19, survive the termination or expiration of this EULA.
PDF SHARE FORMS: If someone makes a claim against you that the Licensed Software provided to you by PDF Share Forms under this EULA and used by you according to the documentation for the Licensed Software infringes that party’s intellectual property rights, PDF Share Forms will defend, indemnify and hold you harmless against the claim provided you: (a) notify PDF Share Forms promptly in writing, not later than 10 days after you receive notice of the claim; (b) give PDF Share Forms sole control of the defense and any settlement negotiations; and (c) at your expense gives PDF Share Forms the information, assistance and authority as required to defend against or settle the claim. If PDF Share Forms believes or it is determined that the Licensed Software may have violated someone else’s intellectual property rights, PDF Share Forms may choose in its discretion to: (i) modify the Licensed Software to be non-infringing; (ii) obtain a license for you to allow for continued use; or (iii) terminate the license for the Licensed Software and require its return, and refund a prorated (based on a five year life) portion of any fees you may have paid for the Licensed Software. PDF Share Forms has no obligation to indemnify, defend or hold you harmless: (A) if you alter the Licensed Software or use it outside the scope of the License Configuration, this EULA or the use permitted by the Licensed Software documentation; (B) if you continue to use a version of the Licensed Software which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Licensed Software which was provided to you; (C) to the extent that an infringement claim is based upon any software, design, specification, instruction, data or other material not furnished by PDF Share Forms; or (D) to the extent an infringement claim is based upon the combination of the Licensed Software with any products or services not provided to you by PDF Share Forms. This section provides your exclusive remedies and PDF Share Forms exclusive liability for any infringement claim and/or damages.
CUSTOMER: You will defend, indemnify and hold PDF Share Forms its licensors, and its and their shareholder’s, owners, directors, officers, employees, contractors, agents, representatives, successors and assigns (collectively, “Indemnitees“), harmless against: (a) any claims or actions by any third party (including any of your customers) in connection with the Licensed Software and/or Technical Support and Maintenance, and/or your use thereof, and/or or this EULA, except with respect to matters which are covered by PDF Share Forms indemnification obligations as provided in the immediate above paragraph; and (b) any loss or damage arising from a breach by you of this EULA, or any action of any of your agents or contractors with respect to the Licensed Software and/or Technical Support and Maintenance (collectively, the foregoing “(a)” and “(b)” in this paragraph are a “Claim’). PDF Share Forms will (at your sole expense) reasonably cooperate to facilitate the settlement or defense of any Claim. You are solely responsible for defending any Claim against an Indemnitee (y) subject to such Indemnitee’s right to participate with counsel of its own choosing at its own expense, and (z) subject to PDF Share Forms right at any time to take over such defense, in which case, in addition to all its other obligations pursuant to this Section paragraph, you remain responsible and liable to all Indemnitees for all costs and expenses relating to the defense of such Claim, which costs and expenses shall be paid by You to PDF Share Forms (10) days after date of invoice from PDF Share Forms. You will not agree to any settlement that imposes any obligation or liability on an Indemnitee without such Indemnitee’s prior express written consent
- Nondisclosure. By virtue of this EULA and/or access and/or use of the Licensed Software and/or Technical Support and Maintenance, or otherwise, you may have access to information that is confidential to PDF Share Forms, received directly or indirectly from PDF Share Forms or its Indemnitees, in writing or orally (“Confidential Information”), including, without limitation, relating to the Licensed Software, Technical Support and Maintenance, terms, pricing, software configuration, this EULA, and /or information identified as confidential. You agree to keep such Confidential Information confidential and not to disclose such information to any third party without the express prior written consent of PDF Share Forms.
- Governing Law and Jurisdiction / Notice. This EULA is governed by the laws of the State of California, U.S.A., and both you and PDF Share Forms agree to submit to the exclusive jurisdiction of the state and federal courts located in Orange County in the State of California, U.S.A. in any dispute arising out of or relating to the Licensed Software, Technical Support and Maintenance or this EULA. If you have a dispute with PDF Share Forms or if you wish to provide a notice under the Indemnification section of this EULA, or otherwise, if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to PDF Share Forms at the following address (or such other address we may provide to you);
PDF Share Forms
Irvine, CA 92620
Attn: Chief Legal Officer
- AUDIT. Upon 15 days written notice, PDF Share Forms may audit your use of the Licensed Software. You shall cooperate with PDF Share Forms’ audit and provide reasonable assistance and access to information, hardware (virtual or otherwise) and facilities. You shall pay within 30 days of written notification any fees applicable to your use of the Licensed Software in excess of your license rights. If you do not pay, PDF Share Forms can terminate your Technical Support and Maintenance, licenses for the Licensed Software and/or this EULA. PDF Share Forms shall not be responsible for any of your costs incurred in cooperating with the audit. You shall pay the reasonable costs of such audit if the audit reveals you have exceeded your license rights.
- U.S. GOVERNMENT RESTICTED RIGHTS. All Licensed Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Licensed Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
- COMPLIANCE WITH LAW / EXPORT RESTRICTIONS. You acknowledge that the Licensed Software is subject to U.S. export jurisdiction. You shall comply with all applicable international and national laws that apply to the Licensed Software and Technical Support and Maintenance, including without limitation, the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- TRANSFER RESTRICTIONS. You shall not delegate, assign or otherwise transfer this EULA or any portion of the Licensed Software, or any Technical Support or Maintenance, or any copies thereof, and/or your rights (if any) and/or obligations relating to the foregoing, without PDF Share Forms’ prior written consent. For purposes of this EULA, a merger, consolidation or other individual, corporate or entity reorganization or a transfer or sale of a controlling interest in stock, or all or substantially all assets, shall be deemed to be an assignment, as well an assignment by operation of law, which is also an assignment for purposes of this EULA. This EULA will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs and permitted assigns. Any delegation, assignment or transfer in breach of this paragraph by you is void ab initio. PDF Share Forms may delegate, assign or otherwise transfer this EULA, the Licensed Software, Technical Support or Maintenance, any copies thereof, any of its interests in any of the foregoing, and/or any of its rights and/or obligations relating to the foregoing, in whole or in part.
- FORCE MAJEURE. Neither of you or PDF Share Forms shall be responsible for failure or delay of performance if caused by: an act of war, hostility or sabotage; act of God; Internet, telecommunication or electrical outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license not caused by the obligated party); or other event outside the reasonable control of the obligated party (collectively, “Force Majeure Events”). You and PDF Share Forms will use reasonable efforts to mitigate the effect of any Force Majeure Events. If such Force Majeure Event continues for more than 90 days, either of us may cancel unperformed services upon written notice. This section does not excuse your obligation to pay for Licensed Software or Technical Support and Maintenance as provided.
- USE OF LICENSEE NAME. You agree PDF Share Forms may include your or your company’s name in lists, presentations, webpages and/or displays used by PDF Share Forms.
- YOUR REPRESENTATIONS. You represent, warrant and covenant that you are eighteen years of age or older and that you have full capacity and authority to bind yourself, or the entity you are binding, to this EULA. The entity bound to this EULA warrants, represents and covenants that the person binding it to this EULA is authorized to do so.
- ENTIRE AGREEMENT / OTHER. This EULA and the information which is incorporated into this EULA by written reference (including reference to information contained in a URL or referenced policy), together with the applicable PDF Share Forms ordering document, is the complete agreement for the Licensed Software and/or Technical Support and Maintenance provided to you, and this EULA supersedes all prior, contemporaneous or other agreements or representations, written or oral, regarding such Licensed Software and/or Technical Support and Maintenance. THE TERMS OF THIS EULA AND ANY CORRESPONDING PDF SHARE FORMS ORDERING DOCUMENT SHALL SUPERSEDE THE TERMS CONTAINED IN ANY PURCHASE ORDER OR OTHER NON-PDF SHARE FORMS ORDERING DOCUMENT OR CORRESPONDENCE, REGARDLESS OF WHEN SUCH ORDERING DOCUMENT IS RECEIVED OR IF PDF SHARE FORMS SIGNS OR ACCEPTS SUCH ORDERING DOCUMENT, AND NO TERMS INCLUDED IN ANY SUCH PURCHASE ORDER OR OTHER NON-PDF SHARE FORMS ORDERING DOCUMENT OR CORRESPONDENCE SHALL APPLY TO PDF SHARE FORMS OR TO THE LICENSED SOFTWARE OR TECHNICAL SUPPORT AND MAINTENANCE. No terms or conditions other than those set forth in this EULA will be binding on PDF Share Forms unless expressly agreed to in writing by PDF Share Forms. If any term of this EULA is found to be invalid or unenforceable, the remaining provisions will continue in effect, and such invalid or unenforceable provision will (a) be enforced to the maximum extent permissible so as to effect the intent PDF Share forms and you, and (b) will be replaced by a valid and enforceable provision that has a similar effect. Only a written instrument specifically waiving compliance, that is executed by whichever of you or PDF Share Forms is entitled to waive such compliance, may waive any term(s) and/or condition(s) of this EULA. No waiver by you or PDF Share Forms of a breach of any provision of this EULA will be deemed a waiver of any other breach of such provision or a waiver of the provision. This EULA and PDF Share Forms ordering documents shall not be modified and the rights and restrictions contained therein shall not be altered or waived except in a writing signed by authorized representatives of you and of PDF Share Forms; provided that PDF Share Forms may change this EULA at any time by posting such on the applicable PDF Share Forms website, or by email, or in documentation applicable to Licensed Software, and/or Technical Support or Maintenance, and such revised EULA will supersede and replace the earlier EULA. PDF Share Forms is providing the Licensed Software and Technical Support and Maintenance as an independent contractor to you. Nothing in this EULA shall in any way be construed to constitute you as an agent, employee or representative of the PDF Share Forms. Without limiting the generality of the foregoing, you are not authorized to bind the PDF Share Forms to any liability or obligation or to represent that you have any such authority. There are no third-party beneficiaries to this EULA, except as may be expressly stated. Headings are used in this EULA are for reference only and shall not be considered when interpreting this EULA. As used in this EULA, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require.
- ELECTRONIC SIGNATURES EFFECTIVE. a. By clicking on the “I Accept” or similar button, you create an electronic signature to this EULA, establishing a contract. In doing so, you agree to accept these terms and conditions and any other agreement contained or referenced herein; you also agree that PDF may supply you a copy of this EULA in electronic form. Please print or save a copy of this EULA for your records. In order to access and retain the electronic EULA, you must have access to the Internet, either directly or through devices that access Web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet (e.g., a computer and modem or other access device). b. You also may choose to receive a copy of this EULA in non-electronic form at any time by submitting a request to PDF Share Forms the address for PDF Share Forms set forth above. You may choose to withdraw your consent to receive this EULA in electronic form. Withdrawing your consent to receive this EULA in electronic form does not change your existing obligations to PDF Share Forms under this EULA. Instead, withdrawing your consent simply means that you wish to have PDF Share Forms relationship with you governed by a non-electronic form of this EULA. If you wish to withdraw your consent to receive this EULA in electronic form and to instead enter into a non-electronic form of this EULA, please send a letter and self-addressed, stamped envelope to the address for PDG Share Forms set forth above. PDF Share Forms will then send you a non-electronic form of this EULA. Your withdrawal of consent will become effective when PDF Share Forms mails to you a copy of the non-electronic form of this EULA, at which point the relationship between you and PDF Share Forms will be governed by the terms of such EULA. In either instance, the obligations that you incur pursuant to the electronic form of this EULA, prior to the effective date of the withdrawal of your consent, will remain unchanged until they are fully discharged by you.
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(Last updated June 1, 2016)