The LICENSEE represents that it will distribute to End Users the Gaaiho PDF software program products only as bundled, integrated or in conjunction with the Developer Host Application, and that the LICENSEE will only be allowed to install the permitted number of Gaaiho PDF software program products in the Developer host Application, and should not distribute the Gaaiho PDF software program as a standalone product. The Developer Host Application must be a Client Application and add significant customer value to the Gaaiho PDF software program products. As long as the total number of seats does not exceed the permitted number granted by ZEON in the Agreement, the LICENSEE may use Gaaiho PDF software products in a Client environment, for internal use or distribution to the general public of the Developer Host Application incorporated with Gaaiho PDF software program products.
Unless agreed by specified license agreement from the LICENSOR, the LICENSEE will be not be allowed to install the software on a Server to provide the service to network users either on the internal network within your organization or external network services connected to general public. The Licensee agrees not to attempt to disable or violate the internet activation and licensing mechanism.
RESTRICTIONS ON DECOMPILING
The structure, organization and code of the Software are the valuable trade secrets and confidential information of the LICENSOR. The LICENSEE agrees not to alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code from Gaaiho PDF software products in whole or in part.
The LICENSEE agrees to include the applicable intellectual property and other trademarks related to the Gaaiho PDF software program products in the documentation provided to end users within the Developer Host Application and agree that a phrase "powered by ZEON PDF, pdf.gaaiho.com" will appear in an "About Box" or other identical type of dialog box in the developer’s programs. Any of the intellectual property notices in the software or any copy of the written materials accompanying the software should not be removed.
The LICENSEE acknowledges that the Gaaiho PDF software product is proprietary to ZEON and that ZEON (and its suppliers) retain exclusive ownership of the Gaaiho PDF software programs. The LICENSEE will take all reasonable measures to protect ZEON's proprietary rights to the Gaaiho PDF software programs. Except as provided herein, The LICENSEE is not granted any rights to patents, intellectual property, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to the Gaaiho PDF software products.
RESTRICTIONS ON TRANSFER
Neither the LICENSEE's rights granted by ZEON in the user agreement nor any copy of the software may be sold, assigned, distributed, transferred or sublicensed to any other party. Any transfer in violation of this section will be deemed null and void and will automatically terminate the LICENSEE's right to use or possess the software.
RESERVATION OF RIGHTS
ZEON reserves all rights not expressly granted to you in this License Agreement.
Free updates and upgrades for any new versions of this software are automatically entitled to the LICENSEE within 30 days of the purchase date under agreement. Separate purchasing of Maintenance Service will be required for any software update and upgrade on new versions and support on technical issues after first 30 days from the purchase. ZEON has no obligation to supply software updates, upgrades or enhancements to the LICENSEE if there is no Maintenance Service contract in agreement.
INTELLECTUAL PROPERTY OWNERSHIP
The software is copyrighted, owned, and considered proprietary product of ZEON Corporation. It is protected by law, including but not limited to copyright laws of the Republic of China (Taiwan) and international copyright treaties. The LICENSEE should not copy the software except as set forth in the "License" section. Any permitted copies made pursuant to agreement must contain the same intellectual property and other proprietary notices that appear on or in the software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ZEON Corporation. The LICENSEE should not rent, lease, sub-license, transfer, sell or re-sell this software, and should not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software, except for the extent such foregoing restriction is expressly prohibited by applicable law. LICENSEE may use the trademarks to identify the software owner's name, or to identify printed output produced by the software. Such use of any trademark does not give any rights of ownership to that trademark.
LIMITATION OF WARRANTY
IN NO EVENT WILL ZEON BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SDK. THIS AGREEMENT COVERS ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), AND PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZEON OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
LICENSED SOFTWARE (S) - "AS IS"
ZEON has included features in the software to prevent unauthorized use of the software. The LICENSEE agrees that ZEON may do so. In particular, use of the software requires that end users of the "Developer Programs" or "Developer Host Application" activate the software through the Internet as described during the installation set up of the software. During such activation, ZEON may collect certain non-personal technical information from computer of end users concerning their computer or network. LICENSEE agrees that ZEON may do so. End Users may be required to deactivate or reactivate the software if there is change or modification to computer hardware or the software of end users.
The software is provided AS IS. ZEON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABLE QUALITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, 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 OF USING THE SOFTWARE, AND PERFORMANCE OF THE SOFTWARE(S) IS WITH THE END USER.
The LICENSEE may be required to register purchased license(s) of the Software on ZEON’s website to obtain product update notices, support services and upgrade information. This registration obligation is further described in the SOFTWARE PRODUCT documentation.
This license shall continue for as long as the LICENSEE uses the software within the permitted number of copies, except in the event that the LICENSEE fails to comply with any term or condition of this agreement. ZEON retains the right to terminate the agreement and make the product key (Serial Number) for the Software in the "Developer Program" invalid for activation. The LICENSEE must then immediately destroy all copies of the software.
The LICENSEE will be fully responsible for the security and safety of its OEM account on the ZEON website. All material and information including User ID, Password, and any other content in the account are consider as confidential material between the LICENSEE and ZEON, and this OEM page should only be accessed by authorized persons in The LICENSEE's company or organization. The LICENSEE is required to take measures necessary to protect account information from any possible unauthorized access. Any leakage of such information is considered a serious violation of the agreement.