ZEON CORPORATION END USER LICENSE AGREEMENT for GAAIHO PRODUCTS
End User License Agreement for Gaaiho PDF Suite, Gaaiho PDF Converter, Gaaiho PDF Server and Gaaiho PDF Reader
THIS IS A LEGAL CONTRACT BETWEEN YOU AND ZEON CORPORATION (hence, “ZEON”). PLEASE READ THIS AGREEMENT CAREFULLY AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT BEFORE DOWNLOADING, INSTALLING, COPYING OR USING ALL OR ANY PORTION OF THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU OR ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE ALL OR ANY PORTION OF THE SOFTWARE.
Upon your acceptance and continued compliance of the terms and conditions of this Agreement, ZEON Corporation grants to you a non-exclusive and non-transferable license and right to use the associated ZEON software product in the authorized period of time.
In this EULA the following words and expressions shall have the following meanings:
- "Software" indicates Gaaiho PDF Reader, Gaaiho PDF Suite, Gaaiho PDF Suite TSL, Gaaiho PDF Converter, Gaaiho PDF Converter TSL and Gaaiho PDF Server.
- "Device" means a set of hardware devices either (1) physical electronic or (2) virtualized, with the ability to store and execute lists of instructions called programs. A hardware partition or blade is considered to be a device.
- "Permitted Numbers" indicates the number of Accounts or copies under a valid license granted by ZEON.
- "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with related documentation.
- "Account" means a Gaaiho account, created through a Gaaiho program or the official Gaaiho website, which solely belongs to the account owner.
- "Subscription Period" means the duration of time purchased to access and use the software with a single Gaaiho Account under a valid license granted by ZEON.
- "Expiration Date" means the end date of the Subscription Period, after which the license to access and use the software is terminated.
- "Licensee" or "you" stands for the party that has accepted the License to use the Software in accordance with the Terms and Conditions.
- Trial License.
For evaluation, test, trial or demonstration use, you may not use it after the evaluation period. Your rights to use trial Software are limited to the trial period. The trial Software and length of the trial period are set forth during the download or activation process. You may have the option to convert your trial rights to subscription or perpetual rights if presented to you at the expiration of your trial period. After the expiration of a trial period without conversion, most features of the trial Software will stop running. EVALUATION AND TRIAL SOFTWARE ARE LICENSED “AS-IS,” AND YOU BEAR THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING OR REPAIR. ZEON GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, ZEON EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Perpetual License.
A license that is activated by a 32-digit license code, which grants access to the same major version (e.g. the major version of 5.0 is 5, and 4.3 is 4) for an unlimited period of time. Depending on the license copies purchased, it can be used to activate the software on a single or multiple devices. Except for Terminal Server License (TSL), Gaaiho PDF Server, you are not allowed to:
- use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple devices to access or use the software indirectly through the licensed device.
- use the software in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.
- remotely access and use the software installed on the licensed device from another device using remote access technologies.
- Subscription License.
A license which grants access to the Software for a definite period of time, depending on the length of subscription period purchased. After the Software is installed, Licensee may access the Software by entering their personal Account with a valid license. Licensee may only access the software with their Account on one device at a time. Concurrently accessing the Software on multiple devices with the same Account is forbidden. If the Subscription license is not renewed at the Expiration Date, it will revert to Trial License and the agreement will be terminated.
- Volume License.
A type of perpetual license of a version of the Software available to customers who need a large quantity of license copies.
- Site License.
A type of perpetual license of a version of the Software available to customers who need a large quantity of license copies and have internet restrictions which make online activation inconvenient. On or before the Effective Date set forth in a Site License contract (“the Contract”), ZEON shall deliver to you a copy of the Software installer embedded with license code and associated documentation. You may install the Software pursuant to the terms of the Agreement up to the number of copies in the License Quantity set forth in the Contract. The installer must only be distributed strictly within the Licensee’s work environment and kept safe from unauthorized access at all times. Once installed, your use of that copy of the Software is governed by the terms of the Agreement. You may not, however, return the Software to ZEON for a refund. Any additional license copies over and above the License Quantity will incur additional license fee.
- Trial License.
INSTALLATION AND USE RIGHTS.
The software is licensed, not sold. Under this agreement, ZEON grants you the right to install (if you acquired the software from a retailer) and run one instance on your device (the licensed device), for use by one person at a time, but only if you comply with all the terms of this agreement.
- Transfer to Third Party.
If you acquired the software from a retailer as stand-alone software, you may transfer the software to another device that belongs to you, but not more than one time every 90 days (except due to hardware failure, in which case you may transfer sooner). If you transfer the software to another device, that other device becomes the “licensed device.” You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. Every time you transfer the software to a new device, you must deactivate and remove the software from the prior device. You may not transfer the software to share licenses between devices.
You are authorized to use this Software only if you are properly licensed and the Software has been properly activated with a genuine product key or by a Gaaiho account with a valid subscription license. When you activate or deactivate the Software, it will contact ZEON or its affiliate to update license usage.
- Updates and Upgrades.
The software periodically checks for software updates and will prompt you if an update is available. ZEON may release updates to the Software from time to time, which contain additional features and functions, bug fixes, and other modifications. ZEON is not responsible for any inability to use the Software or any losses, costs, or damages incurred as a result of a failure to download or install a required update. ZEON is under no obligation to provide functionality for previous versions of the Software.
ZEON reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:
- modify, port, translate, localize, or create derivative works of the Software or associated documentation;
- decompile, disassemble, reverse engineer, or attempt to discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software;
- sell, lease, license, sublicense, copy, market, or distribute the Software or associated documentation;
- release or disclose the results of any benchmark testing of the Software; remove or alter any trademark, logo, intellectual property or other proprietary notices, legends, symbols or labels in the Software,
- use the software as server software, for commercial hosting;
- make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users (with the exception of Gaaiho PDF Suite TSL, Gaaiho PDF Converter TSL and Gaaiho PDF Server);
- copy the printed materials accompanying the Software. Any changes or modifications to the Software or derivative works of the Software shall become the exclusive property of ZEON; or
- when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
- CONSENT TO USE OF DATA.
This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that ZEON may provide to you after the initial date of purchase and within the subscription period, unless ZEON provides other terms along with the update, supplement, add-on component, or Internet-based services component. When utilizing the Internet to update features within the Software, it will be necessary to use certain operation system, hardware, and software information to implement the features. By using these features, you explicitly authorize ZEON or its authorized dealer to access and utilize the necessary information for online updating purposes. ZEON may use this information solely to improve our products or to provide customized services or technologies to you.
- PROPRIETARY RIGHTS.
ZEON and its licensors retain all rights, titles, and interests in and to the Software and associated documentation, including but not limited to all patent, intellectual property, trade secret, trademark, and other proprietary rights pertaining to the Software and associated documentation. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ZEON.
- INTELLECTUAL PROPERTY OWNERSHIP.
The Software and any authorized copies that you make are the intellectual property of and are owned by ZEON and/or its suppliers, and is protected by law, including but not limited to the copyright laws of Taiwan (R.O.C.) and related applicable international copyright treaties. You may not copy the Software except as set forth in the "License" and other section specified. Any copies that you are permitted to make pursuant to this Agreement must contain the same intellectual property and other proprietary notices that appear on or in the Software. The trademarks may be used to identify the Software owner's name, or to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership to that trademark.
Any Account, password, license code, volume license installer or similar installation, access or usage control codes (“License Data”) provided by ZEON to you is considered the confidential information of ZEON, and you must hold such License Data in strict confidence. If Licensee is an entity, License Data shall only be disseminated to users authorized by the purchaser and will not be made accessible to the public over the internet. Licensee may not disclose License Data to any third person or any third party.
The Licensed Software is provided to Licensee “AS IS.” ZEON, and ZEON's Licensors and suppliers, make no warranty as to its use or performance. ZEON MAKES NO ADDITIONAL WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THE THIRD PARTY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY, RESULTS BY USING THE SOFTWARE, AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE.
- LIMITATION OF LIABILITY.
EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE, ZEON SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF ZEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. THE FORGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ZEON’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL VIOLATION OF THIS AGREEMENT.
- EXPORT RULES.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by export laws, restrictions or regulations. In addition, if the software is identified as an export controlled item under Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation and that you are not otherwise prohibited under Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
The Agreement shall remain in effect until any material breach of this Agreement by Licensee occurs, upon which this Agreement shall automatically terminate. Upon termination of this agreement for any reason, Licensee shall discontinue the use of the software and remove it from all Devices. Termination shall not, however, relieve either party of obligations incurred prior to the termination.
You may not assign or otherwise transfer any rights or obligations under this Agreement without ZEON’s prior written consent.
- Internet-based Service Components.
The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that ZEON will automatically check the version of the Software and/or its components that you are utilizing and may provide required updates or fixes to the Software that need to be downloaded and installed as they become available before using the Software.
- Contract Severability.
The provisions of this Agreement shall be continuous and shall insure to the benefit of ZEON’s present organization, and any successor or assignee; and shall be binding upon your assignees or successors in interest. Should any condition or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining condition and provision shall continue in full force and effect.
- Choice of Law.
This Agreement shall be construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law principles.
ZEON is not (a) responsible for any loss or damage to the License Data; (b) liable for any inappropriate access or use of the license, or costs or damages to your or a third party as a result of that use due to a failure of protecting License Data; (c) liable for the inability to use the software nor any costs or damages incurred to you or any third party by unauthorized use of the license due to mismanagement of the license code or volume license installer.
- No Waiver.
ZEON's failure to insist at any time upon strict compliance with any condition of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other further exercise. All rights and remedies given to ZEON in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have.
- Dispute Resolution.
Any dispute arising under or in connection with this Agreement or any transactions hereunder shall be subject to the non-exclusive jurisdiction of Taipei District Court, Taiwan (R.O.C.).
- Font Software.
If the Software includes font software, its usage must be pursuant to all the terms and conditions of this Agreement. You can use the font software as described above on the Permitted Number of devices and output such font software on any output devices connected to such devices.
ZEON shall have the right to inspect (through an independent auditor) your records on reasonable advance written notice and during your regular business hours to verify your compliance with this Agreement. If such audit reveals an underpayment, you will pay any amount determined to be due as a result of such audit within thirty (30) days of receipt of ZEON's invoice therefore, and if the underpayment is five percent (5%) or more of the license fees you have paid, you will also pay for ZEON's reasonable costs for the audit.
- Reservation of Rights.
All rights not expressly granted in this Agreement are reserved by ZEON Corporation. If you have any question regarding this Agreement or if you wish to request any further information, please contact ZEON or its authorized distributors through the provided contact info below.
- ENTIRE AGREEMENT.
This Agreement is the complete and final agreement and understanding and supersedes all prior and contemporaneous representations, agreements, and understandings, whether oral or written, concerning the subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and condition.
Copyright © 1993-2018 ZEON Corporation. All Rights reserved.
Gaaiho and the G logo are trademarks of ZEON Corporation or its affiliates. Registrations have been filed in the Trademark Offices of several countries. These trademarks and trade dress may not be used for any product or service that does not belong to ZEON Corporation, in any manner that may cause confusion among customers, or in any way that may disparage or discredit ZEON Corporation.
Add: 3F., No.37, Dexing W. Rd., Shilin Dist., Taipei City, Taiwan (R.O.C.)