End User License Agreement This license agreement (the "Agreement") is entered into between you, as a private person or a company (the "Licensee") and YesLogic Pty Ltd, an Australian corporation, having its registered address at 7 / 39 Bouverie Street, Carlton, VIC 3053, Australia ("YesLogic"). By installing, copying or otherwise using all or any portion of the Prince formatter (the "Software") the Licensee agrees to be bound by the terms of the Agreement. 1. LICENSE Subject to the terms of this Agreement, YesLogic Ltd hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable and limited license only to install and use one copy of the Software on up to the number of computers or servers as authorized in this Agreement. If this is a Personal license or a Professional license, Licensee may download, install and use the Software on a single computer for Interactive use by a single user. Also, a Personal or Professional license may be used for evaluation purposes on a server. If this is a Server license, Licensee may download, install and use the Software on a server that is accessible to any number of end users. Additionally, Licensee may download, install and use the Software on another server which is only used for testing and development purposes. If this is an Academic Server license, Licensee may download, install and use the Software for Academic purposes on a server that is accessible to any number of end users. Additionally, Licensee may download, install and use the Software on another server which is only used for testing and development purposes. If this is an OEM license, Licensee may download, install and use the Software according to a separate agreement. 2. DEFINITIONS "Software" means: a) the Prince formatter included third party software files and other information and b) upgrades, updates and additions to such provided to you by YesLogic Ltd, to the extent not provided under a separate agreement. "Academic purposes" means the production of dissertations, papers, lecture notes, hand-outs and similar documents or publications of academic character for distribution on the Web, at lectures, or through university bookstores or similar academic channels that are not of a strictly commercial character. A university press run on commercial terms is considered to be strictly commercial. "Interactive use by a single user" means that all processing performed by the Software is initiated by a local human user. The Software may not be part of a web application or other server software. 3. LIMITATIONS AND RESTRICTIONS The following shall apply in addition to the limitations and restrictions set forth elsewhere in this Agreement: Licensee shall not modify, adapt, translate or create derivative works based upon the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Licensee shall not allow third parties to use the Software for commercial service offerings to its own end users. Application service providers (ASPs), integrators and value-added resellers (VARs) of all kinds must enter into a separate VAR licensing agreement for such purposes. Licensee shall not reproduce, distribute, resell, rent, lease or disclose the Software in any manner to a third party. Licensee shall not transfer any of its rights under this Agreement without the express written consent of YesLogic. If this is a Personal license, PDF documents generated by the Software include a message that identifies the Software and the license type. Licensee shall not change or remove this message. 4. SUPPORT AND MAINTENANCE YesLogic will provide the following support and maintenance services (the "Services") free of charge for a period of 12 months following the date of this Agreement: a. E-mail support: YesLogic will attempt to respond to technical questions made by the Licensee by email within a reasonable period of time. b. Upgrades: YesLogic will attempt to distribute upgrades to the Software on a regular basis. Installation and use of such upgrades will be governed by the terms of this Agreement. Following the initial 12 month period, the same Services will be available to Licensee against payment of a separate support and maintenance fee. This Clause 4 does not apply if this is a Personal license. 5. INTELLECTUAL PROPERTY RIGHTS YesLogic and its suppliers are the owner of all intellectual property rights relating to the Software and the Services. These rights are protected by intellectual property legislation in Australia and other jurisdictions and by international treaty provisions. YesLogic and its suppliers retains all rights in the Software and the Services that are not expressly granted to the Licensee through this Agreement. Licensee is not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software. 6. PRIVACY The Licensee grants YesLogic the right to store contact details and other related information in order for YesLogic to contact the Licensee occasionally regarding the Software. YesLogic will not use contact details and other related information for any other purpose. 7. TERM AND TERMINATION The Agreement and the licensing rights provide to the Licensee shall continue for an indefinite term. Without prejudice to any other rights, YesLogic may terminate the Agreement if the Licensee fails to comply with the terms and conditions of this Agreement. 8. NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY LAW, YESLOGIC DISCLAIMS ANY WARRANTY FOR THE SOFTWARE AND THE SERVICES. THE SOFTWARE, THE SERVICES AND ANY RELATED DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE OR THE SERVICES. 9. CUSTOMER REMEDIES The entire liability for YesLogic, and the exclusive remedy for the Licensee, under this Agreement shall be, at YesLogic's option, to either (a) return the price paid for the Software, or (b) replace the Software. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YESLOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. GOVERNING LAW AND ARBITRATION This Agreement shall be governed by and construed in accordance with Norwegian law. Any dispute arising under or in connection with this contract shall be referred to arbitration pursuant to the Norwegian 2004 Arbitration Act. Each Party shall appoint one arbitrator and the two arbitrators shall appoint the third arbitrator who shall be the chairman of the arbitration tribunal. The chairman shall be a Norwegian legal professional. If one Party fails to appoint an arbitrator within one month from being requested to do so or if the two arbitrators can not within one month from the last appointment agree on who shall be appointed chairman, the Chief Justice of Oslo District Court shall be the appointer. The venue of the arbitral proceedings shall be in Oslo, and the proceedings shall be conducted in the English language. The arbitration is deemed to be commenced when request for arbitration is being sent from the Party requesting arbitration. The Parties agree to conclude a separate agreement on confidentiality of both the arbitral proceedings and the award immediately after arbitration has been requested. Copyright © 2002-2007 YesLogic Pty. Ltd.