This document is a legal agreement (the "Agreement") between you the user and Qoppa Software, LLC ("Qoppa", "Qoppa Software"), which contains the terms and conditions that must be complied with if you wish to download, install and use Qoppa PDF Studio ("SOFTWARE", "Software").
QOPPA IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ ALL OF THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE. IF YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE YOU ARE THEREBY ACKNOWLEDGING THAT YOU HAVE READ ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, PROMPTLY REMOVE ALL COPIES OF THE SOFTWARE FROM ANY COMPUTERS OR OTHER MEDIA TO WHERE IT WAS DOWNLOADED OR COPIED.
IMPORTANT-- READ CAREFULLY BEFORE INSTALLING AND / OR USING THE SOFTWARE. By installing and / or using the SOFTWARE, you indicate your acceptance of the following End User License Agreement.
1. Grant of License to Use. Qoppa Software grants to you as an individual, a personal, non-exclusive limited license to make and use copies of the SOFTWARE for its intended purpose. If you are running the SOFTWARE in evaluation mode, before purchasing from Qoppa Software, you may only use the SOFTWARE for evaluation purposes to make a purchasing decision.
You may install the SOFTWARE on a maximum of Two (2) computers, provided that you are the only individual using the SOFTWARE
If you are an entity, Qoppa Software grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. Qoppa Software reserves all rights not expressly granted.
2. Subscription Updates. Upon receipt of future subscription updates of the SOFTWARE (an "UPDATE"), you may use or transfer the UPDATE only in conjunction with your then-existing SOFTWARE. The SOFTWARE and all UPDATES are licensed as a single product, and the UPDATES may not be separated from the SOFTWARE for use by more than one user.
3. Distribution. You may not distribute the software in any form or medium except as provided by 1.
1. Description of Other Rights and Limitations.
(a) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, nor will you aid, abet, or permit others to do so, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(b) Confidentiality. You shall protect the confidentiality of the Software and any documentation at least to the degree used by Licensee to protect your own proprietary materials, and which shall not be less than reasonable protection.
(c) Indemnity. You agree to indemnify, hold harmless, and defend Qoppa and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the installation or use of the Software.
(d) No Rental. You may not rent, lease, or lend the SOFTWARE to any other party.
(e) No Transfer. You may not transfer the SOFTWARE or this license and the rights granted by this license, to any other party.
(f) Media. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
2. No Support.
Qoppa is under no obligation to support the SOFTWARE or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Qoppa, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.
3. Upgrades.
If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Qoppa 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 this Agreement.
4. Copyright Limitations.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and apps incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Qoppa or its suppliers. The Software may contain materials owned by Sun Microsystems, Inc. If so, all title in and copyright to the Java TM Technology are owned or licensed by Sun Microsystems, Inc., all rights reserved.
The Software is protected by copyright and intellectual property laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may install the Software on the number of computers indicated in this Agreement provided that you keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the Software.
5. Terms and Termination.
This Agreement shall remain effective until terminated. Without prejudice to any other rights, Qoppa may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event you must destroy all copies of the Software and all of its component parts. You may terminate this Agreement at any time by destroying all copies of the Software and all of its component parts and removing from any and all computers on which it has been installed.
6. Limited Warranty.
(a) Installation and Use. You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and results obtained from the Software.
(b) Medium. Qoppa warrants that the medium on which the software is recorded will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you agree to accept the terms of this agreement. Qoppa will replace any software which fails to meet this limited warranty. If Qoppa is unable to deliver a satisfactory replacement medium, you may terminate this license by returning the software to an authorized Qoppa representative. This warranty gives you specific legal rights and you may also have other rights, which vary by jurisdiction.
(c) No Performance Warranty. You are responsible for the entire risk with respect to the quality and performance of the software itself. The software is provided by Qoppa "as is" without any warranty or representations of any kind, express or implied, and to the maximum extent permitted by law, Qoppa specifically denies (A) The existence of any implied warranties relating to merchantability, fitness for a particular purpose, title and non-infringement, or provision of or failure to provide support services; (B) That software errors (if any) will be corrected; and (C) That the software will operate uninterrupted or error free. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
(d) Specific Disclaimer for High-Risk Activities. The Software is not designed or intended for use in high-risk activities including, without restriction, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Qoppa and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.
7. Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Qoppa, or its suppliers or authorized representatives, be liable for lost revenue, profit or data, or for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software or the provision of or failure to provide support services, even if Qoppa has been advised of the possibility of such damages. In any case, Qoppa's entire liability under any provision of this agreement (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) shall be limited to the amount actually paid by you for the software. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.
The provisions of this Section 7 allocate risks under this Agreement between you and Qoppa. Qoppa's pricing reflects this allocation of risk and limitation of liabilities.
8. Taxes and Duties.
License fees do not include any sales, use, value added, consumption or goods and services tax, import duties, or any other taxes or charges which may be exigible for this product or license, all of which will be your responsibility. You shall have no obligation to pay any taxes levied on Qoppa's net income.
9. U.S. Government Restricted Rights.
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Clause 252.227-7013(c)(1) of the DFARS and Clause 52.227-19(c)(2) of the FAR, as amended from time to time and where applicable. Manufacturer is Qoppa Software, LLC., 2099 Monroe Drive, Suite 200, Atlanta, GA 30324, USA.
10. Export Restrictions.
You agree that you do not intend to nor will you, directly or indirectly, export or transmit the Software or related documentation and technical data, or 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. or other State 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.
11. Miscellaneous.
(a) Governing Laws. If you acquired this product in the United States this Agreement is governed by the laws of the State of Georgia, and the parties agree to resolve any dispute exclusively in the courts at Atlanta, GA, USA. If you acquired this product outside of the United States, this Agreement is governed by the laws of the United States and the laws of the State of Georgia applicable therein, and the parties agree to resolve any dispute exclusively in the courts at Atlanta, GA, USA.
(b) Notices.Should you have any questions concerning this Agreement, or if you desire to contact Qoppa for any reason, please contact the Qoppa at info@qoppa.com or write to: Qoppa Software, LLC., 2099 Monroe Drive, Suite 200, Atlanta, GA 30324, USA.
(c) Severability. If any provision of this Agreement is found to be void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect.
(d) Complimentary Products. Qoppa products are frequently capable of running in combination with other software products, such as Microsoft Windows, or are capable of producing output in formats based on other software products, such as Adobe Acrobat (collectively referred to as "Complimentary Products"). It is your responsibility to ensure that you have acquired licenses to use all such Complimentary Products.
(e) Assignment. You may not assign this Agreement, in whole or in part, without the prior written consent of Qoppa. This Agreement shall endure to the benefit of and be binding upon you and Qoppa and each of our respective successors and permitted assigns.
(f) Force Majeure. A party shall be excused from performance under this Agreement for any period to the extent that a party is prevented from performing any obligation as a result of causes beyond its reasonable control and without its negligent or willful misconduct.
(g) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements on the subject matter herein. Any other terms or conditions included in any purchase order, acknowledgments or other forms utilized by you shall not be incorporated in this Agreement or be binding upon the parties unless Qoppa expressly agrees in writing or unless otherwise provided for in this Agreement.
12 Adobe Color Profiles
12.1 Where the distribution of the Software contains some files, hereby referred to collectively as Adobe Color Profiles, that are owned by Adobe Systems Incorporated. By using the Licensed Software, Licensee agrees to the following conditions:
Licensee agrees that these files are provided on an "AS IS" basis. Adobe and/or Qoppa make no representation as to the adequacy of the Software for any particular purpose or to reproduce any particular result. Adobe and/or Qoppa shall not be liable for loss or damage arising from the distribution or use of the Adobe Color Profiles.
In no event shall Adobe and / or Qoppa be liable to Licensee or Licensee's customers for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an Adobe or Qoppa representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
12.2 The Adobe Color Profiles in this distribution can also be obtained from Adobe Systems Incorporated by going to its website at www.adobe.com.