End-User License Agreement for 30-days free trial of iText Software Products

IMPORTANT - READ CAREFULLY:

The 30-days free trial software is provided only under the following EULA license with iText Software. Please read this EULA license carefully, “you” (hereinafter "Licensee") will be provided with a free trial of the iText(Sharp) Software (including iText 7 Core, pdfSweep, pdfCalligraph, pdfInvoice, pdfXFA, pdfHTML, and pdfDebug *Java Only) and related "online" or electronic documentation (hereinafter referred to as"Software Products") only if the Licensee accept the following license Agreement.

END USER LICENSE AGREEMENT (EULA) – INTRODUCTION

This End User License Agreement (“EULA”) is a legal agreement (hereinafter "Agreement) between “you” (hereinafter "Licensee") and one (and only one) of the following iText Software companies (hereinafter "Licensor"):

  • If the Licensee is a resident of US or Canada, then his/her counter-party, referred to in this Agreement as “iText”, will be iText Software Corp., having a principal place of business at 47 Third Street - Suite 301, Cambridge, MA 02141, United States.

  • If the Licensee is a resident of Asia or Oceania, then his/her counter-party, referred to in this Agreement as “iText”, will be iText Software Asia Pce., having its registered office at 15 Scotts Road #04-08, Thong Teck Building, 228218 Singapore.

  • If the Licensee is not a resident of the US or Canada, nor of Asia or Oceania, then his/her counter-party, referred to in this Agreement as “iText”, will be iText Software BVBA, Business Center De Punt, Kerkstraat 108, 9050 Gent, Belgium.

  • If the Licensee is a group of companies, with subsidiaries residing in different countries, then the Licensee shall, for the purpose of this Agreement, be considered to be a resident of the country in which the most of his/her users are located at the time of this Agreement becoming effective.

If the Licensee agreeing to this Agreement is not as an individual but on behalf of his/her company, then Licensee means his/her company, and the Licensor is binding his/her company to this Agreement.

If the Licensee has entered into a separate and Signed License Agreement (SLA) or terms of use (TUO) regarding the Software Products, which contains terms contradictory to this Agreement, then the terms of such separate Agreement shall prevail.

The Software Products includes:

  • free trial of the iText(Sharp) Software,

  • related "online" or electronic documentation,

  • any patches, add-on components or software updates to this original Software Products,

  • stencils, templates, shapes, web services and/or supplements, and

  • additional iText services or tools relating to the Software Products, including but not limited to the iText software development kit. that the Licensor may make available to the Licensee, or that the Licensee* obtains from the use of features or functionality of theSoftware Products**, to the extent that such items are not accompanied by a separate license agreement or terms of use.

By installing, copying, downloading, accessing or otherwise using the Software Products, the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to the terms of this Agreement, it must not install, copy, download, or otherwise use the Software Products.

The Software Products are protected by Copyright laws and International Copyright treaties, and by Intellectual Property laws and treaties.

The Software Products are licensed, not sold.

1. LICENSE TERMS

Subject to the terms of this Agreement, The Licensor grants to Licensee a non-exclusive, non-transferable, time-limited license (the "License") to use the Software Products, in Object Code form for evaluation and trial purposes only. This license period begins when Licensee receives the Software Products fromLicensor or from any other party that Licensor has allowed to grant this License and ends thirty (30) calendar days after receipt of the Software Products (hereinafter "Evaluation Period"). If Licensee keeps using theSoftware Products after the Evaluation Period without entering into a commercial license Agreement, LICENCEE shall be held to compensate Licensor for such unauthorized use by paying to Licensor a compensation equal to at least 200% of the then-current applicable commercial license fees. This fee will be due as from the first day following expiration of the Evaluation Period. Licensor and Licensee agree that this percentage is proportionate and represents a genuine pre-estimate of the loss Licensor will suffer.

All rights not specifically granted to Licensee in this Agreement are excluded by Licensor. This Agreement does not include any distribution rights.

1.1 LICENSE GRANT

Licensee may install the trial version of the Software Products for the purpose of testing its functionality. Licensee must indicate in what trial environment the Software Products shall be evaluated in order to allow Licensor to confirm the authorized trial use. Before the Software Products is used in a Production environment, Licensee must acquire and dedicate a License for each separate desktop, server, virtual machine or other device on or from which the Software Products is installed, used, accessed, displayed or run, including the devices used to maintain the applications using the Software Products such as test and QA servers. A License for the Software Products may not be shared or used concurrently on different devices.

1.2 FURTHER RESTRICTIONS

The License does not permit Licensee to:

a) grant any sublicense for all or part of the Software Products;

b) use the Software Products in conjunction with any other software, data or equipment in such a manner as would cause the resulting Products to infringe upon any Intellectual Property Rights of third parties;

c) copy the Software Products except for trial, backup or archival purposes and provided that each such copy of the Software Products is subject to the terms of this Agreement;

d) transfer, assign, rent, lease, distribute or otherwise dispose of the Software Products on a temporary or permanent basis;

e) make the Software Products available to remote users; or

f) use the Software Products except as expressly permitted in this Agreement.

1.3 ADDITIONAL OBLIGATIONS

Licensee agrees:

a) not to remove from the Software Products any copyright notices embedded thereon or therein which acknowledge that Licensor has a copyright, trademark, certain pending patent rights, and other intellectual property interests in the Software Products, as the case may be;

b) not to remove any references in or on the Software Products to Licensor's name;

c) to immediately notify Licensor if Licensee becomes aware of any actual or potential claims by a third party arising in respect Licensee's use of the Software Products;

d) not to use the Software Products in contravention of any law.

2. ADDITIONAL RIGHTS AND LIMITATIONS

2.1 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

Licensee agrees not to reverse engineer, decompile or disassemble the Software Products.

2.2 INTELLECTUAL PROPERTY RIGHTS

This Agreement does not grant Licensee any rights in connection with any copyright, patent, trademark, trade secret of Licensor, except for what is specifically provided herein with this Agreement.

Licensee may not use the Software Products to create a Products that in reality competes with the Software Products.

3. MODIFICATIONS TO THE **Software Products**

3.1 RESERVATIONS

Licensor reserves the right at any time not to release or to discontinue release of any Software Products and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software Products.

3.2 UPDATES AND UPGRADES

Any updates and upgrades to the Software Products provided by Licensor are subject to the terms of this Agreement. Licensor may make the use of updates and upgrades subject to a modified version of this Agreement.

4. OWNERSHIP - CONFIDENTIAL INFORMATION - INTELLECTUAL PROPERTY RIGHTS

Title, ownership rights, and all Intellectual Property Rights in and to the Software Products shall remain the sole and exclusive property of Licensor. Licensee acknowledges that Licensor has copyright, trademark, and intellectual property rights in the underlying Software Products. Moreover, Licensee again further acknowledges that the Software Products contains valuable confidential information; therefore, Licensee agrees:

a) not to modify the Software Products, or attempt to decipher, decompile, disassemble or reverse engineer the Software Products or assist or encourage any third party in doing so; and

b) to hold in strict confidence its knowledge of the Confidential Information as a trade secret for the benefit of Licensor.

5. TERMINATION

5.1 LICENSE DURATION

This Agreement and the License granted herein shall terminate upon the expiration of the Evaluation Period or upon such earlier date as Licensor may, by written or electronic notice, provide to Licensee. Moreover, this Agreement and License shall terminate because of Licensee's breach of any provision of this Agreement.

5.2 SURVIVAL

Termination of the License will not affect the other provisions of the Agreement, which provisions will survive termination of the License.

5.3 POST TERMINATION

Within thirty (30) days after the date of termination of the License for any reason whatsoever, Licensee shall destroy the Software Products and all copies, in whole or in part. Nothing in this Agreement shall absolve Licensee from liability for damages resulting from any breach of this Agreement by Licensee, notwithstanding that Licensor may have other remedies available under this Agreement (including the right to terminate the License). If Licensee breaches any provision of this Agreement, Licensee acknowledges that such breach may diminish substantially the value of such Intellectual Property rights of Licensor and may irrevocably harm Licensor, and in such event Licensor (without limiting its other rights or remedies) shall be entitled to equitable relief (including but not limited to injunctive relief) to protect Licensor's interests, and indemnification and reimbursement for any all expenses incurred by Licensor from Licensee in protecting Licensor's interests or defending Licensor's rights as a result of Licensee breach of this Agreement.

6. LIMITED WARRANTY AND LIMITATIONS ON LIABILITY

6.1 WARRANTIES

The Software Products is provided "as is". Licensor makes no representation or warranties, express or implied, with respect to the Software Products, including without warranties of fitness for a particular use or purpose, merchantability, noninfringement, or that the software will operate without interruption or be error free, and Licensor hereby disclaims all such representations and warranties.

6.2 LIABILITIES

This Software Products is provided to Licensee for evaluation purposes and, therefore, Licensor shall not be liable for any damages (including direct, indirect, incidental, consequential and special damages) under any theory of liability (including tort contract, or any other theory) whether suffered by Licensee or any other user of the software or any third party, even if Licensor was advised of the possibility of such damages.

7. GENERAL

7.1 INVALID TERM, CONDITION, OR PROVISIONS

If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law. Licensor and Licensee expressly agree that, in all respects pertaining to this Agreementand its subject matter, parties’ respective rights, obligations and remedies shall be governed exclusively by the terms of this Agreementand that this Agreement supersedes any prior understandings and Agreements between Licensor and Licensee with respect to its subject matter. There are no representations, warranties, terms, conditions, undertakings or collateral Agreements, express, implied or statutory, between us other than as expressly made in this Agreement.

7.2 MODIFICATIONS

This Agreement may not be amended, except in writing, signed by both Licensee and Licensor. No terms, provisions or conditions of any purchase order, acknowledgment or other business form that Licensee may use in connection with the acquisition or licensing of the Software Products will have any effect on the rights, duties or obligations of Licensee or Licensor under, or will otherwise modify, this Agreement, regardless of any failure of Licensor to object to such terms, provisions or conditions.

7.3 GOVERNING LAW

Except as specifically provided herein, this Agreement shall be governed by the laws of Belgium, exclusive of any conflicts of laws principles which would require the application of the laws of another jurisdiction. Licensee agrees that any dispute regarding this Agreement or the rights and obligations herein will be heard in the courts having jurisdiction for Ghent, Belgium, and Licensee agrees to be subject to the personal jurisdiction of such courts.

8. ACCEPTANCE OF TERMS AND PROVISIONS HEREIN

If Licensee downloads the Software Products or installs the Software Products or uses the Software Products on a desktop, server, virtual machine or other device, Licensee shall be deemed to have accepted the terms of this Agreement and to be legally bound thereby.

9. DOWNLOAD, INSTALL AND UNINSTALL INSTRUCTIONS

9.1 DOWNLOAD & INSTALL INSTRUCTIONS OF FREE TRIAL LICENSE KEY

To be able to begin his/her free trial, the Licensee will receive an e-mail with a username and password. With this username and password, the Licensee can download his/her free trial license key here. The free trial license key will work for the free trial Software Products during 30-days starting from the day of request of the free trial. Next, the Licensee needs to download the license library key here. Instructions how to use the license key library and the license file can be found here.

9.2 DOWNLOAD & INSTALL INSTRUCTIONS OF FREE TRIAL SOFTWARE PRODUCTS

To be able to use the free trial Software Products the Licensee first needs to install the necessary iText jars. Therefore the Licensee add the free trial Software Products to his/her project in his IDE with Maven (Java) or NuGet (.NET), detailed instructions can be found on here.

The Licensee is able to choose him/herself which parts of the free trial Software Products he/she wants to download and add to his/her project. The Licensee will always need to install iText 7 Core to be able to use the add-ons that are part of the free trial Software Products.

The source code of iText 7 (the Software Products) is available on GitHub for Java and .NET, more instructions can be found here.

Next the Licensee needs to import the license key of the free trial using the license-key module. Instructions how to do this can be found here.

Installing the Software Products will not change anything to the settings of the Licensee’s device.

More instruction on how to get started with the free trial Software Products can be found here.

More information on the features, and core capabilities of the Software Products can be found here.

9.3 UNINSTALL INSTRUCTIONS

For 30 days the Licensee can try out the free trial Software Products and see how it will fit his/her needs, totally free and he/she can keep his/her IP safe under the Licensor’s commercial license. After 30 days, the trial will revert to our AGPL open source version, and the *Licensee** will be legally obligated to disclose his/her code, or purchase an iText commercial license. Uninstall instructions can be found here.

If the Licensee uninstalls the Software Products no data will be stored on his/her device.

10. PRIVACY

The only personal data collected of the Licensee and sent to the iText CRM system are the data filled in the free trial request form. No other personal data of the Licensee is collected or sent to iText or any other 3rd party. The data stored in our CRM system is for internal use only and is not sent or shared with a third party. This data will only be used for marketing automation campaigns, such as the e-mail with the username and password sent out to the Licensee after filling in the request form, etc. Our iText CRM system is well secured and product, so no personal data can be abused or stolen.