NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE INFORDESK SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. InforDesk and its suppliers own all intellectual property in the Software. InforDesk permits You to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at www.infordesk.com/infordesk/legal/third_party/ 1. Definitions. 1.1 "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. 1.2 "InforDesk" means InforDesk, Greifswald 17489, Germany. 1.3 "Install" means to place a copy of Software onto a hard disk or other storage medium through any means (including, but not limited to, Use of an installation utility application accompanying the Software). 1.4 "License Parameters" means the definition and limitation of the applicable license scope in Section 2 hereof. 1.5 "Permitted Number" means a number relevant for the applicable License Parameters that InforDesk may specify in the applicable Documentation. The Permitted Number is one (1) unless otherwise provided by in such Documentation. 1.6 "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) InforDesk or third party computer information or Software, including the ParmisPDF ("ParmisPDF"); (ii) related explanatory printed or electronic materials that InforDesk or its authorized licensees delivers in or on a package with the Software or sends to You on an invoice, via email, facsimile or otherwise after You acquire or Install the Software, including, but not limited to, license specifications, registration key, registration name, registration email, license files, instructions on how to Use the Software, and/or technical specifications ("Documentation"); and (iii) fonts; and (b) Upgrades, modified versions, Updates, additions, and copies of the Software, if any, licensed to You by InforDesk. 1.7 "Territory" means the country in which You acquire the Software, unless you acquire the Software in a member country of the European Economic Area ("E.E.A."), in which the case "Territory" means the E.E.A 1.8 "Update" means an interim release that fixes bugs, improves performance, enhances usability, updates data, or adds a new feature to an existing version generally made available by InforDesk in its sole discretion. Version numbers is split into two parts and look like vX.Y. Y ("Minor Version") is incremented for a small amount of minor improvements changes or a series of bug fixes are rolled up ("Update"). 1.9 "Upgrade" means a major new release generally made available by InforDesk in its sole discretion. Version numbers is split into two parts and look like vX.Y. X ("Major Version") is incremented for a major new release ("Upgrade"). 1.10 "Use" or "Using" or "Access" means to access, Install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. 1.11 "You" or "Licensee" means You personally (i.e., the individual who reads and is prompted to accept this Agreement) if You acquire the Software for Yourself or the company or other legal entity for whom You acquire the Software. 2. Software License Grant. If You obtained the Software from InforDesk or one of its authorized licensees, and subject to Your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Section 3, InforDesk grants to You a non-exclusive license to Use the Software for the purposes described in the Documentation as follows. 2.1 License Parameters. InforDesk's license grant is subject to one or more of the License Parameters defined in this Section 2.1 (License Parameters) as specified in the Documentation. Unless InforDesk expressly specifies or agrees otherwise in the Documentation, all Software shall be governed solely by license for Single-User License set forth in Section 2.2.1 (Single-User License). 2.1.1 Single-User License. With a Single-User License you are granted a non-exclusive, nontransferable license to Install and Use a copy of the specified version Software on Your compatible Computer solely for your own internal business purposes. The Software may not be shared, installed or used on different computers and/or by different users. 2.1.2 Multi-User License. With a Multi-User License you are granted a non-exclusive, nontransferable license to Install the specified version of Software to computers in your site location in your Territory solely for your own internal business purposes; that this number does not exceed the quantity specified in the license purchased by You. The Software may not be installed or Access on a computer network for use by more than one person. 2.1.3 Evaluation Version. If InforDesk identifies the Software as a demonstration, evaluation, trial, or not for resale version ("Evaluation Version"), You may Install and Access one copy of the Software only for the purpose of commercial evaluation and demonstration. Without limiting the foregoing, You may not Use it for competitive analysis, or commercial, professional, or other for-profit purposes. The Evaluation Version may only be installed for a thirty (30) day evaluation period, unless otherwise specified by InforDesk in writing. 2.1.4 Site License. With a Site License you are granted a non-exclusive, nontransferable license to Install and Use specified version of Software on an unlimited number of compatible Computers at a single company location solely for your own internal business purposes. 2.1.5 Corporate License. With a Corporate License you are granted a non-exclusive, nontransferable license to Install and Use specified version of Software on an unlimited number of compatible Computers at any company location worldwide solely for your own internal business purposes. 2.1.6 Server License. It can be called from VC/VB/Delphi/ASP/PHP/.NET and other languages/scripts. With a Server License You are granted a non-exclusive, nontransferable license to integrate ParmisPDF Command Line into your web solution. Server License is licensed per server, LICENSEE will need to purchase a license for each server that they wish to run Server License on. A SERVER LICENSE allows deploying the LICENSED SOFTWARE to one (1) SERVER. You agree that you will only use SOFTWARE on a SERVER and all applications that will access SOFTWARE will reside on the SERVER and you will not permit remote access to SOFTWARE except through your application residing on the SERVER. 2.1.7 Developer License. "Desktop" is defined as an "end-user" personal computer (PC) that may have Applications installed that directly, or indirectly, utilize the Software. With a Developer License you are granted a non-exclusive, nontransferable license to integrate ParmisPDF Command Line in a single developed program or software product and distribute it to an unlimited number of end users. If You intend to market and distribute more than one (1) appliaction that integrates ParmisPDF Command Line, you need a Multiple application license. Licensee is granted the non-transferable, non-exclusive, and perpetual right to use the program in products developed, marketed, and distributed by licensee, and distribute the program to third parties as an integral part of such products. Licensee agrees to distribute the program to third parties only integrated or in conjunction with hardware or software products that make use of the program ("authorized products"). Such authorized products must add substantial functionality to the program, authorized products are Desktop applications, but not programming interface for Developers. Products which in essence mimic the program's programming interface (or a subset thereof) are not permitted under any license. (i). No Application Programming Interfaces. This Agreement does not allow for exposing of the application programming interface (API) functionality to non-licensed users. LICENSEE may not create a dynamic link library (DLL), Command Line application, COM interface or ActiveX component (OCX) that exposes or wraps functionality of the SDK to a non-licensed developer. Violation of this stipulation is subject to the interpretation of InforDesk and no other party. InforDesk reserves the right to seek punitive damages including, but not limited to, lost income from sales. Contact the Sales Department for information on an OEM license allowing the API to be exposed to other developers. (ii) ParmisPDF is not the sole or primary component of such Application Software; (iii) You must give proper acknowledgment of the copyright of InforDesk; (iv) Must not be used to create a software application that competes with or is intended to compete with, directly or indirectly, ParmisPDF; (v) The Application Software must add significant value to ParmisPDF All other uses that fall outside the scope of the License Agreement must receive the written permission of InforDesk. All other uses that fall outside the scope of the License Agreement must receive the written permission of InforDesk. 2.2 Backup Copy. You may make one backup copy of the Software, provided Your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless You transfer all rights in the Software as provided under Section 4. 2.3 No Modification. 2.3.1 You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent You may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another Software program, and You have first requested InforDesk to provide the information necessary to achieve such operability and InforDesk has not made such information available. InforDesk has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by InforDesk and any information obtained by You by such permitted decompilation may only be used by You for the purpose described herein and may not be disclosed to any third party or used to create any Software which is substantially similar to the expression of the Software. Requests for information should be directed to the InforDesk. 2.4 Third Party Website Access. The Software may allow You to access third party websites ("Third Party Sites"). Your access to and Use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by InforDesk. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. INFORDESK MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. 3. Restrictions. 3.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that You make must contain the same copyright and other proprietary notices that appear on or in the Software. 3.2 Document Features. The Software may contain features and functionality (the "Document Features") that appear disabled or "grayed out." These Document Features will only activate when opening a compatible document. You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. 4. Transfer. You may not rent, lease, sublicense, assign, sub-license or transfer Your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein and after written notice to InforDesk. You may, however, transfer all Your rights to Use the Software to another person or legal entity provided that: (a) You also transfer (i) this Agreement, and (ii) the Software and all other Software or hardware bundled or pre-installed with the Software, including all copies, Updates, Upgrades and prior versions, to such person or entity, (b) You retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which You legally purchased a license to the Software. Notwithstanding the foregoing, You may not transfer education, pre-release, or not for resale copies of the Software. 5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that You make are the intellectual property of and are owned by InforDesk and its suppliers. The structure, organization, code and contents of the Software are the valuable trade secrets and confidential information of InforDesk and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant You any intellectual property rights in the Software and all rights not expressly granted are reserved by InforDesk and its suppliers. 6. Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of InforDesk. You shall not disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of InforDesk. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavors to maintain the security of the license and all information provided by InforDesk or its authorized licensees for Use the Software. 7. Updates. If the Software is an Update to a previous version of the Software, You must possess a valid license to such previous version in order to Use such Update. All Updates are provided to You on a license exchange basis. You agree that by Using an Update You voluntarily terminate Your right to Use any previous version of the Software. As an exception, You may continue to Use previous versions of the Software on Your Computer after You Use the Update but only to assist You in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) You acknowledge that any obligation InforDesk may have to support the previous versions of the Software may be ended upon availability of the Update. 8. Upgrades. If the Software is an Upgrade to a previous version of the Software, You must possess a valid license to such previous version in order to Use such Upgrade. All Upgrades are provided to You on a license exchange basis. You agree that by Using an Upgrade You voluntarily terminate Your right to Use any previous version of the Software. As an exception, You may continue to Use previous versions of the Software on Your Computer after You Use the Upgrade but only to assist You in the transition to the Upgrade, provided that: (a) the Upgrade and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Upgrade are also transferred to such party or Computer; and (c) You acknowledge that any obligation InforDesk may have to support the previous versions of the Software may be ended upon availability of the Upgrade. 9. NO WARRANTY. The Software is being delivered to You "AS IS" and InforDesk makes no warranty as to its Use or performance. InforDesk provides no technical support, warranties or remedies for the Software. INFORDESK AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, INFORDESK AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 9 and Section 10 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL INFORDESK OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN INFORDESK REPRESENTATIVE or INFORDESK AUTORIZED LICENSEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INFORDESK'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits InfoDesk's liability to You in the event of death or personal injury resulting from InfoDesk's negligence or for the tort of deceit (fraud). InfoDesk is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact InfoDesk. 11. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that You are not otherwise prohibited under the 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. 12. Audit. InfoDesk reserves the right to periodically audit your use of the Software to ensure that you are in compliance with this Agreement. During your standard business hours and upon at least ten (10) days prior written notice, InfoDesk may visit your facility (ies) and you will make available to InfoDesk or its representatives any requested records pertaining to the Software, provided that InfoDesk shall be entitled to conduct no more than two (2) audits in any twelve (12) month period. The cost of any requested audit will be solely borne by InfoDesk, unless such audit discloses (a) an underpayment or amount due to InfoDesk in excess of five percent (5%) of the initial license fee for the Software, or (b) you are not substantially in compliance with this Agreement, in which case you shall pay all costs related to the audit. Any underpayment of fees disclosed by any such audit shall be paid to InfoDesk immediately, together with the applicable late payment charges. 13. Anti-Piracy Measures. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that InfoDesk may use these measures to protect InfoDesk against software piracy. From time to time, InfoDesk may inspect your registration integrity. This will be done without collecting any information whatsoever about your users. The only information verified will be Registration Name, Registration Key, Registration Email, IP address, Date, Time, and Computer Name which the software is run. Should InfoDesk discover discrepancies in the software usage, be aware that you may lose your license and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties. Occasionally, it is necessary to record your IP address for security and performance monitoring. Please be aware that we subcontract our anti-piracy measures with third-party (ies). They may contact you to clarify your license legality. Anti-Piracy Measures may be subject to other terms and conditions typically found in a separate license agreement, in the "Anti-Piracy and/or Additional Terms and Conditions" found at www.infordesk.com/infordesk/legal/privacy/ 14. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in Germany. The competent courts of Germany shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 15. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of InforDesk. Updates may be licensed to You by InforDesk with additional or different terms. This is the entire agreement between InforDesk and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 16. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. InforDesk, Greifswald 17489, Germany. For U.S. Government End Users, InforDesk agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement. 17. Promotion. The Licensee permits InforDesk to disclose the Licensee's name and brand in advertising and promotional material, provided such disclosure does not go beyond mentioning that the Licensee uses the Software and InforDesk makes such disclosure in a dignified and responsible fashion. InforDesk shall seek the Licensee's consent before using the Licensee's name and brand in any other manner for advertising and promotional purposes. 18. Compliance with Licenses. If You are a business or organization, You agree that upon request from InforDesk or InforDesk's authorized representative, You will within thirty (30) days fully document and certify that Use of any and all Software at the time of the request is in conformity with our valid licenses from InforDesk. 19. Specific Provisions and Exceptions. 19.1 Limited Warranty for Users Residing in Germany or Austria. If You obtained the Software in Germany or Austria, and You usually reside in such country, then Section 9 does not apply, instead, InforDesk warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if You are a business user and two (2) years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, UPGRADES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period You must return, at your expense, the Software and proof of purchase to the location where You obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, InforDesk is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, You are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact InforDesk. 19.2 Limitation of Liability for Users Residing in Germany and Austria. 19.2.1 If You obtained the Software in Germany or Austria, and You usually reside in such country, then Section 10 does not apply, Instead, subject to the provisions in Section 19.2.2, InforDesk's statutory liability for damages shall be limited as follows: (i) InforDesk shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) InforDesk shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 19.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 19.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and Your computer data subject to the provisions of this Agreement. 19.3 Pre-release Product Additional Terms. If the product You have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a Pre-release version, does not represent final product from InforDesk, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to You "AS-IS", and InforDesk disclaims any warranty or liability obligations to You of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, INFORDESK'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that InforDesk has not promised or guaranteed to You that Pre-release Software will be announced or made available to anyone in the future, InforDesk has no express or implied obligation to You to announce or introduce the Pre-release Software and that InforDesk may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, You acknowledge that any research or development that You perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at Your own risk. During the term of this Agreement, if requested by InforDesk, You will provide feedback to InforDesk regarding testing and Use of the Pre-release Software, including error or bug reports. If You have been provided the Pre-release Software pursuant to a separate written agreement, such as the InforDesk Serial Agreement for Unreleased Products, Your Use of the Software is also governed by such agreement. You agree that You may not and certify that You will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by InforDesk of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier Pre-release Software received from InforDesk and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if You are located outside the United States of America, You agree that You will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of Your testing of the Software when such date is earlier than the date for InforDesk's first commercial shipment of the publicly released (commercial) Software. If You have any questions regarding this Agreement or if You wish to request any information from InforDesk please use the contact information included with this product or via the web at www.infodesk.com to contact the InforDesk serving Your jurisdiction InforDesk and ParmisPDF are either trademarks or trademarks of InforDesk in the United States and/or other countries.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE INFORDESK SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. InforDesk and its suppliers own all intellectual property in the Software. InforDesk permits You to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at www.infordesk.com/infordesk/legal/third_party/ 1. Definitions. 1.1 "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. 1.2 "InforDesk" means InforDesk, Greifswald 17489, Germany. 1.3 "Install" means to place a copy of Software onto a hard disk or other storage medium through any means (including, but not limited to, Use of an installation utility application accompanying the Software). 1.4 "License Parameters" means the definition and limitation of the applicable license scope in Section 2 hereof. 1.5 "Permitted Number" means a number relevant for the applicable License Parameters that InforDesk may specify in the applicable Documentation. The Permitted Number is one (1) unless otherwise provided by in such Documentation. 1.6 "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) InforDesk or third party computer information or Software, including the All-Business-letters ("All-Business-letters"), All-Business-Documents ("All-Business-Documents"); (ii) related explanatory printed or electronic materials that InforDesk or its authorized licensees delivers in or on a package with the Software or sends to You on an invoice, via email, facsimile or otherwise after You acquire or Install the Software, including, but not limited to, license specifications, registration key, license files, instructions on how to Use the Software, and/or technical specifications ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to You by InforDesk (collectively, "Updates"). 1.7 "Territory" means the country in which You acquire the Software, unless you acquire the Software in a member country of the European Economic Area ("E.E.A."), in which the case "Territory" means the E.E.A 1.8 "Update" means an interim release that fixes bugs, improves performance, enhances usability, updates data, or adds a new feature to an existing version generally made available by InforDesk in its sole discretion. Version numbers is split into two parts and look like vX.Y. Y ("Minor Version") is incremented for a small amount of minor improvements changes or a series of bug fixes are rolled up ("Update"). 1.9 "Upgrade" means a major new release generally made available by InforDesk in its sole discretion. Version numbers is split into two parts and look like vX.Y. X ("Major Version") is incremented for a major new release ("Upgrade"). 1.10 "Use" or "Using" or "Access" means to access, Install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. 1.11 "You" or "Licensee" means You personally (i.e., the individual who reads and is prompted to accept this Agreement) if You acquire the Software for Yourself or the company or other legal entity for whom You acquire the Software. 2. Software License Grant. If You obtained the Software from InforDesk or one of its authorized licensees, and subject to Your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Section 3, InforDesk grants to You a non-exclusive license to Use the Software for the purposes described in the Documentation as follows. 2.1 License Parameters. InforDesk's license grant is subject to one or more of the License Parameters defined in this Section 2.1 (License Parameters) as specified in the Documentation. Unless InforDesk expressly specifies or agrees otherwise in the Documentation, all Software shall be governed solely by license for Single-User License set forth in Section 2.2.1 (Single-User License). 2.1.1 Single-User License. With a Single-User License you are granted a non-exclusive, nontransferable license to Install and Use a copy of the specified version Software on Your compatible Computer solely for your own internal business purposes. The Software may not be shared, installed or used on different computers and/or by different users. 2.1.2 Multi-User License. With a Multi-User License you are granted a non-exclusive, nontransferable license to Install the specified version of Software to computers in your site location in your Territory solely for your own internal business purposes; that this number does not exceed the quantity specified in the license purchased by You. The Software may not be installed or Access on a computer network for use by more than one person. 2.1.3 Evaluation Version. If InforDesk identifies the Software as a demonstration, evaluation, trial, or not for resale version ("Evaluation Version"), You may Install and Access one copy of the Software only for the purpose of commercial evaluation and demonstration. Without limiting the foregoing, You may not Use it for competitive analysis, or commercial, professional, or other for-profit purposes. The Evaluation Version may only be installed for a thirty (30) day evaluation period, unless otherwise specified by InforDesk in writing. 2.1.4 Site License. With a Site License you are granted a non-exclusive, nontransferable license to Install and Use specified version of Software on an unlimited number of compatible Computers at a single company location solely for your own internal business purposes. 2.1.5 Corporate License. With a Corporate License you are granted a non-exclusive, nontransferable license to Install and Use specified version of Software on an unlimited number of compatible Computers at any company location worldwide solely for your own internal business purposes. All other uses that fall outside the scope of the License Agreement must receive the written permission of InforDesk. 2.2 Backup Copy. You may make one backup copy of the Software, provided Your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless You transfer all rights in the Software as provided under Section 4. 2.3 No Modification. 2.3.1 You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent You may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another Software program, and You have first requested InforDesk to provide the information necessary to achieve such operability and InforDesk has not made such information available. InforDesk has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by InforDesk and any information obtained by You by such permitted decompilation may only be used by You for the purpose described herein and may not be disclosed to any third party or used to create any Software which is substantially similar to the expression of the Software. Requests for information should be directed to the InforDesk. 2.4 Third Party Website Access. The Software may allow You to access third party websites ("Third Party Sites"). Your access to and Use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by InforDesk. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. INFORDESK MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. 3. Restrictions. 3.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that You make must contain the same copyright and other proprietary notices that appear on or in the Software. 3.2 Document Features. The Software may contain features and functionality (the "Document Features") that appear disabled or "grayed out." These Document Features will only activate when opening a compatible document. You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. 4. Transfer. You may not rent, lease, sublicense, assign, sub-license or transfer Your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein and after written notice to InforDesk. You may, however, transfer all Your rights to Use the Software to another person or legal entity provided that: (a) You also transfer (i) this Agreement, and (ii) the Software and all other Software or hardware bundled or pre-installed with the Software, including all copies, Updates, Upgrades and prior versions, to such person or entity, (b) You retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which You legally purchased a license to the Software. Notwithstanding the foregoing, You may not transfer education, pre-release, or not for resale copies of the Software. 5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that You make are the intellectual property of and are owned by InforDesk and its suppliers. The structure, organization, code and contents of the Software are the valuable trade secrets and confidential information of InforDesk and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant You any intellectual property rights in the Software and all rights not expressly granted are reserved by InforDesk and its suppliers. 6. Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of InforDesk. You shall not disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of InforDesk. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavors to maintain the security of the license and all information provided by InforDesk or its authorized licensees for Use the Software. 7. Updates. If the Software is an Update to a previous version of the Software, You must possess a valid license to such previous version in order to Use such Update. All Updates are provided to You on a license exchange basis. You agree that by Using an Update You voluntarily terminate Your right to Use any previous version of the Software. As an exception, You may continue to Use previous versions of the Software on Your Computer after You Use the Update but only to assist You in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) You acknowledge that any obligation InforDesk may have to support the previous versions of the Software may be ended upon availability of the Update. 8. Upgrades. If the Software is an Upgrade to a previous version of the Software, You must possess a valid license to such previous version in order to Use such Upgrade. All Upgrades are provided to You on a license exchange basis. You agree that by Using an Upgrade You voluntarily terminate Your right to Use any previous version of the Software. As an exception, You may continue to Use previous versions of the Software on Your Computer after You Use the Upgrade but only to assist You in the transition to the Upgrade, provided that: (a) the Upgrade and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Upgrade are also transferred to such party or Computer; and (c) You acknowledge that any obligation InforDesk may have to support the previous versions of the Software may be ended upon availability of the Upgrade. 9. NO WARRANTY. The Software is being delivered to You "AS IS" and InforDesk makes no warranty as to its Use or performance. InforDesk provides no technical support, warranties or remedies for the Software. INFORDESK AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, INFORDESK AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 9 and Section 10 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL INFORDESK OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN INFORDESK REPRESENTATIVE or INFORDESK AUTORIZED LICENSEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INFORDESK'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits InfoDesk's liability to You in the event of death or personal injury resulting from InfoDesk's negligence or for the tort of deceit (fraud). InfoDesk is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact InfoDesk. 11. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that You are not otherwise prohibited under the 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. 12. Audit. InfoDesk reserves the right to periodically audit your use of the Software to ensure that you are in compliance with this Agreement. During your standard business hours and upon at least ten (10) days prior written notice, InfoDesk may visit your facility (ies) and you will make available to InfoDesk or its representatives any requested records pertaining to the Software, provided that InfoDesk shall be entitled to conduct no more than two (2) audits in any twelve (12) month period. The cost of any requested audit will be solely borne by InfoDesk, unless such audit discloses (a) an underpayment or amount due to InfoDesk in excess of five percent (5%) of the initial license fee for the Software, or (b) you are not substantially in compliance with this Agreement, in which case you shall pay all costs related to the audit. Any underpayment of fees disclosed by any such audit shall be paid to InfoDesk immediately, together with the applicable late payment charges. 13. Anti-Piracy Measures. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that InfoDesk may use these measures to protect InfoDesk against software piracy. From time to time, InfoDesk may inspect your registration integrity. This will be done without collecting any information whatsoever about your users. The only information verified will be Registration Name, Registration Key, Registration Email, IP address, Date, Time, and Computer Name which the software is run. Should InfoDesk discover discrepancies in the software usage, be aware that you may lose your license and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties. Occasionally, it is necessary to record your IP address for security and performance monitoring. Please be aware that we subcontract our anti-piracy measures with third-party (ies). They may contact you to clarify your license legality. Anti-Piracy Measures may be subject to other terms and conditions typically found in a separate license agreement, in the "Anti-Piracy and/or Additional Terms and Conditions" found at www.infordesk.com/infordesk/legal/privacy/ 14. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in Germany. The competent courts of Germany shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 15. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of InforDesk. Updates may be licensed to You by InforDesk with additional or different terms. This is the entire agreement between InforDesk and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 16. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. InforDesk, Greifswald 17489, Germany. For U.S. Government End Users, InforDesk agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement. 17. Promotion. The Licensee permits InforDesk to disclose the Licensee's name and brand in advertising and promotional material, provided such disclosure does not go beyond mentioning that the Licensee uses the Software and InforDesk makes such disclosure in a dignified and responsible fashion. InforDesk shall seek the Licensee's consent before using the Licensee's name and brand in any other manner for advertising and promotional purposes. 18. Compliance with Licenses. If You are a business or organization, You agree that upon request from InforDesk or InforDesk's authorized representative, You will within thirty (30) days fully document and certify that Use of any and all Software at the time of the request is in conformity with our valid licenses from InforDesk. 19. Specific Provisions and Exceptions. 19.1 Limited Warranty for Users Residing in Germany or Austria. If You obtained the Software in Germany or Austria, and You usually reside in such country, then Section 9 does not apply, instead, InforDesk warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if You are a business user and two (2) years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, UPGRADES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period You must return, at your expense, the Software and proof of purchase to the location where You obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, InforDesk is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, You are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact InforDesk. 19.2 Limitation of Liability for Users Residing in Germany and Austria. 19.2.1 If You obtained the Software in Germany or Austria, and You usually reside in such country, then Section 10 does not apply, Instead, subject to the provisions in Section 19.2.2, InforDesk's statutory liability for damages shall be limited as follows: (i) InforDesk shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) InforDesk shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 19.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 19.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and Your computer data subject to the provisions of this Agreement. 19.3 Pre-release Product Additional Terms. If the product You have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a Pre-release version, does not represent final product from InforDesk, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to You "AS-IS", and InforDesk disclaims any warranty or liability obligations to You of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, INFORDESK'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that InforDesk has not promised or guaranteed to You that Pre-release Software will be announced or made available to anyone in the future, InforDesk has no express or implied obligation to You to announce or introduce the Pre-release Software and that InforDesk may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, You acknowledge that any research or development that You perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at Your own risk. During the term of this Agreement, if requested by InforDesk, You will provide feedback to InforDesk regarding testing and Use of the Pre-release Software, including error or bug reports. If You have been provided the Pre-release Software pursuant to a separate written agreement, such as the InforDesk Serial Agreement for Unreleased Products, Your Use of the Software is also governed by such agreement. You agree that You may not and certify that You will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by InforDesk of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier Pre-release Software received from InforDesk and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if You are located outside the United States of America, You agree that You will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of Your testing of the Software when such date is earlier than the date for InforDesk's first commercial shipment of the publicly released (commercial) Software. If You have any questions regarding this Agreement or if You wish to request any information from InforDesk please use the contact information included with this product or via the web at www.infodesk.com to contact the InforDesk serving Your jurisdiction InforDesk, All-Business-Letters and All-Business-Documents are either trademarks or trademarks of InforDesk in the United States and/or other countries.
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