PLEASE READ THIS LICENSE AGREEMENT (“Agreement”) WHICH GOVERNS YOUR RIGHTS TO USE OF THE ACCUSOFT PDF VIEWER (“Program”). BY DOWNLOADING THIS PROGRAM AND THEN CONTINUING WITH THE USE OF PROGRAM, LICENSEE AGREES TO BE BOUND BY THIS AGREEMENT AND CONFIRMS THAT LICENSEE IS ALSO ACCEPTING OUR PRIVACY POLICY. YOU AGREE THAT YOU HAVE THE AUTHORITY TO CONTRACTUALLY BIND YOURSELF OR ANY ORGANIZATION OR ENTITY YOU REPRESENT (“LICENSEE”) TO BE BOUND BY THESE TERMS. (IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT OR THE PRIVACY POLICY, CEASE YOUR USE OF PRODUCT IMMEDIATELY AND CONTACT ACCUSOFT BY EMAIL OR PHONE: 813-875-7575.)
1. Background. Accusoft Corporation, a Florida corporation, (“Accusoft”) is the owner of all rights, title, and interest in the software product known as the Accusoft PDF Viewer (“Program”). LICENSEE wants to Use a copy of the Program under the terms and conditions stated herein. The Program is available to be used in either Standard Mode or Professional Mode. Professional Mode provides additional features and functionality compared to Standard Mode, plus Professional Mode includes active support.
2. Installation. The Program’s default installation installs the Program in Standard Mode. This allows you to use many Program features and functions according to the provisions of this Agreement’s License Terms, and is currently free of any monetary charge. Standard Mode support is limited to passive support through our Program documentation, but Accusoft is willing to provide additional support options for a fee.
3. Changing from Standard Mode to Professional Mode. A Professional License may be purchased at www.accusoft.com or through info@accusoft.com and then LICENSEE’s rights are on a per Application per Platform basis, for a single domain or URL with no more than Five (5) developers. An “Application” is defined as software having a single service purpose. A “Platform” is defined as iOS, Android, Windows, Linux, or any other desktop, mobile operating system for native use. A developer is defined as an individual permitted to make modifications to your applications that use Accusoft PDF Viewer, whether such a person is your employee, consultant or contractor providing services to you. To discuss licensing for other uses or circumstances, contact info@accusoft.com.
4. Limited License. Accusoft grants LICENSEE a limited, non-transferable, non-exclusive and non-assignable license to incorporate the Program into LICENSEE’s Application (“Use”). LICENSEE shall have no right to, and shall not assign this Agreement whether by transfer, assignment, merger or otherwise.
5. Error and Usage Reporting. LICENSEE acknowledges that the Program may include an Error and Usage Reporting mechanism that may automatically exchange error and usage information, that is not personally-identifiable information, with servers over the Internet when a connection to the Internet is available.
6. Ownership. LICENSEE acknowledges and agrees that Accusoft owns all rights, title and interest in the Program, in all forms, including without limitation any and all worldwide proprietary rights therein, further including but not limited to trademarks, copyrights, patent rights, patent continuations, trade secrets and confidential information.
7. Public Disclaimer of use. You also hereby grant permission to Accusoft Corporation to tell the public of and about your use of the Accusoft PDF Viewer using your name and logo on our website and within conversations, blogs, white papers, social media promotions or exhibitions.
8. Restrictions and Reservations. All rights and licenses not expressly granted to LICENSEE are reserved to Accusoft. LICENSEE shall not disassemble, decompile, decrypt or reverse engineer the Program (except reverse engineering for the purpose of debugging modifications made by LICENSEE to LGPL-licensed portions of the Program, if any) or in any manner attempt to discover or reproduce the source code or any other copyrightable aspect of the Program, or any portion thereof.
a. LICENSEE is strictly prohibited from marketing, selling, distributing, licensing, sublicensing, leasing, time-sharing or renting the Program or any component thereof except as incorporated into, and as part of, LICENSEE’s Application, and
b. LICENSEE is strictly prohibited from using the Program, directly or indirectly, in developing LICENSEE’s own product with, or including, similar functionality as Program.
9. Warranty Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT THE PROGRAM IS PROVIDED “AS IS”. ACCUSOFT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability. ACCUSOFT SHALL HAVE NO LIABILITY TO LICENSEE, LICENSEE AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR PRODUCTS LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOST DATA, LOST FILES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE THE PROGRAM, OR THE PERFORMANCE OR OPERATION OF THE PROGRAM, EVEN IF ACCUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification by LICENSEE. LICENSEE SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND ACCUSOFT FOR ANY LOSS, CLAIM, ACTION OR PROCEEDING THAT ARISES OR RESULTS FROM ANY ACTIONS OR OMISSIONS OF LICENSEE PERTAINING TO A LICENSEE PRODUCT OR SERVICE OR FROM LICENSEE USAGE OF PROGRAM NOT PERMITTED BY THIS AGREEMENT.
12. Pricing Subject to Change. Prices of all versions of Accusoft PDF Viewer are subject to change with thirty (30) days notice from us, applicable upon your next License Renewal. Such changes will be posted to http://www.accusoft.com and may or may not be communicated to the email on file with Accusoft.
13. Termination. This Agreement shall terminate immediately upon LICENSEE’S breach of any provision of this Agreement. Upon any termination, LICENSEE shall have no license or other rights whatsoever in or regarding the Program, shall immediately cease to use the Program, and shall remove the Program from LICENSEE’s and any other computers, and shall destroy all copies of the Program. In the event of any termination for any reason all sections of this Agreement survive except Paragraph 2.
14. Confidentiality. LICENSEE acknowledges that the Program contains Accusoft know-how, confidential and trade secret information (“Proprietary Information”). LICENSEE agrees: (a) to hold the Proprietary Information in the strictest confidence, (b) not to, other than as granted herein, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Proprietary Information to any third party, (c) not to make use of the Proprietary Information other than for Use of Program as permitted by this Agreement and (d) to disclose the Proprietary Information only to LICENSEE’s representatives requiring such material for effective performance of this Agreement and who have undertaken an obligation of confidentiality and limitation of use consistent with this Agreement. This obligation shall continue as long as allowed under applicable law.
15. Injunctive Relief. LICENSEE agrees that any violation or threat of violation of this Agreement will result in irreparable harm to Accusoft for which damages would be an inadequate remedy. Therefore, in addition to its rights and remedies available at law (including but not limited to the recovery of damages for breach of this Agreement), Accusoft shall be entitled to immediate injunctive relief to prevent any violation of Accusoft’s copyright, trademark, trade secret rights regarding the Program, or any violation of this Agreement, including, but not limited to, unauthorized use, copying, distribution or disclosure of or regarding the Program, as well as any other equitable relief as the court may deem proper under the circumstances.
16. Attorneys’ Fees and Costs. In the event of any lawsuit or other proceeding brought as a result of any actual or alleged breach of this Agreement, to enforce any provisions of this Agreement, or to enforce any intellectual property or other rights in or pertaining to the Program, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs, including the costs of any expert witnesses, incurred at all levels of proceedings.
17. Governing Law. This Agreement shall be construed, governed and enforced in accordance with the laws of the State of Florida, without regard to any conflicts of laws rules. Any action related to or arising out of this Agreement will be brought solely in the state court sitting in Hillsborough County, Florida or in the federal courts in the Middle District of Florida, Tampa Division, and LICENSEE consents to the exclusive jurisdiction and venue of said courts.
18. Severability. If any provision of this Agreement is determined to be invalid by any court of final jurisdiction, then it shall be omitted and the remainder of the Agreement shall continue to be binding and enforceable. In addition, the Court is hereby authorized to enforce any provision of the Agreement that the Court otherwise deems unenforceable, to whatever lesser extent the Court deems reasonable and appropriate, rather than invalidating the entire provision.
19. Entire Agreement. This Agreement represents the entire understanding of the parties concerning the subject matter hereof and supersedes all prior communications and agreements, whether oral or written, relating to the subject matter of this Agreement. Only a writing signed by the parties may modify this Agreement. In the event of any modification in writing of this Agreement, including an expanded Accusoft license agreement for Program, all unmodified, non-conflicting sections of this Agreement survive.
20. Contact Us. Should you have any questions concerning this Agreement or if you desire to contact Accusoft for any other question or reason, please contact Accusoft at 1-813-875-7575 or at info@accusoft.com.
21. Third Party Notices. See THIRD-PARTY.md in the Program download.
22. Agreement Version: 08/13/2021. Subject to change without notice, with the current version always visible on our website.