DocuLuma

End User License Agreement

Welcome to the End User License Agreement (EULA) for PDF Reader DocuLuma LLC. This legal document outlines the terms and conditions governing your use of our software products, including “PDF Pro,” “PDF Creator,” “PDF Reader,” and “PDF Writer,” along with all related documentation and updates (collectively referred to as the “Software”).

About Us

PDF Reader DocuLuma Ltd. is a registered company located at 45 Enigma Lane, Land Park, London, UK, EC1A 1BB, with Business Registration No. 700468291BC0001. Our team includes subsidiaries, affiliates, and contractors who operate on our behalf (referred to as “Us,” “We,” or “Our”).

Acceptance of Terms

By downloading, accessing, installing, or using the Software, you (referred to as “You” or “Your”) agree to be bound by the terms of this EULA. Your continued use of the Software signifies your acceptance of this agreement as it may be updated from time to time. If you do not agree with these terms in their entirety, please refrain from using the Software.

Authority to Bind

If you are accepting this EULA on behalf of an organization or entity, you confirm that you have the authority to bind that entity to these terms. In such cases, “You” and “Your” will apply to that organization.

Important Notice

Please read this EULA carefully before using our Software. It is essential to understand that your acceptance of these terms is a prerequisite for using our products. For any questions regarding this agreement or our Software, feel free to contact us.

1. LICENSE – RIGHT TO USE THE SOFTWARE

Subject to your timely payment of all applicable fees, you are granted a limited, personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the Software, as specified in the related purchase order (hereinafter referred to as the “Order”), which shall be deemed incorporated herein. Unless otherwise specified in the Order, you are permitted to use the Software only on one (1) computing device.

1.2. Scope of the License

You agree to use the Software solely for your own normal internal purposes. You will not, without our express written permission, sell, lease, or otherwise provide or make available the Software—either directly, via a web interface, or by any other means—to any third party or use it for the benefit of any third party.

1.3. Language

The Software is provided in the following languages: English, French, German, and Spanish. Support is available in English only; however, we may send machine-translated messages if you inform us that you do not speak English.

1.4. Reservation of Rights

We expressly reserve all rights not explicitly granted to you in this EULA.

3. TRIAL, SUPPORT AND UPDATES

Free Trial

If you apply for a trial, we will provide the necessary software on a trial basis, free of charge, until the earlier of: (i) the trial period of 15 (fifteen) days from the installation of the software, or (ii) the start date of the software fully ordered and purchased by you before the end of the trial period. You acknowledge and agree that during the trial mode, the software will place a watermark at the bottom of any newly created or edited files.

3.1. Support

We will make commercially reasonable efforts to provide you with email support within 2 (two) business days from your support request.

3.2. Updates

We reserve the right, at our sole discretion, to add additional tools, utilities, third-party applications, features, or functions, or to provide bug fixes, updates, and upgrades to the software to improve and enhance its features and performance (collectively referred to as “Updates”). If we provide Updates, this EULA shall automatically apply to them unless we provide other terms along with such Updates. Any Updates, if available, will be provided to you free of charge until the end of the first year of this EULA; thereafter, Updates will be subject to your payment of applicable fees as provided in Section 5.1.

4. YOUR RESPONSIBILITIES

4.1. General Responsibilities

You are entirely responsible for your use of the software and shall not use (or induce others to use) the software for any activities that violate any applicable local, state, national, or international law, statute, rule, ordinance, or regulation (collectively referred to as “Law”).

4.2. License Key Confidentiality

You are fully responsible for safeguarding and maintaining the security and confidentiality of your software license key(s). You acknowledge and accept that we will assume that any person using your software license key(s) is either you or authorized to act on your behalf. You agree not to share your software license key(s) with any third party and to make every reasonable effort to prevent unauthorized access to your software. You agree to immediately notify us if you have reason to believe that your software license key(s) have been stolen.

4.3. Authorized Persons

You may authorize your employees to access the software, provided that such access is solely for your benefit and in full compliance with this EULA. You shall be responsible for your employees’ compliance with this EULA and for all activities that occur as a result of their access to the software.

4.4. Indemnification

In the event of any third-party claim arising from a violation of your obligations under this section, Section 10 (Indemnification) shall apply in addition to any other rights or remedies available to us under this EULA and/or applicable law.

5. LICENSE FEES AND REFUNDS

5.1 License Fees.

The fees payable for the rights granted as well as the payment terms are specified in the relevant Order. The update service referred to in clause 4.1 is provided free of charge for the first year of this License Agreement (EULA), after which software updates are subject to purchase at the then current rates.

5.2 Refunds.

We offer a 30-day money back guarantee if you are not satisfied with your use of the software. This guarantee does not apply in the following cases: (i) if the software has not been used in accordance with this EULA; (ii) if your dissatisfaction is caused by your failure to apply updates or other actions or instructions recommended by us; (iii) if your dissatisfaction is caused by your acts or omissions; or (iv) if your dissatisfaction results from causes beyond our reasonable control. We will not give refunds for lack of use or for discontinuation, for any reason, of any service or functionality of the software.

6. VALIDITY AND TERMINATION

6.1 Term and Termination

This EULA is effective as of the first day the software is made available to you (whether through license key activation, delivery or otherwise as set forth in the second paragraph of this EULA under the heading “IMPORTANT NOTICE”) and will continue indefinitely until terminated: (i) by you at any time by uninstalling the software; or (ii) by us at any time in the event of your breach of any term of this agreement, without prior notice or liability on our part. Upon termination of this EULA, the applicable software license keys will be deactivated and you will no longer have rights to access or use the software.

6.2 Obligations After Termination

The provisions that continue in effect after the termination or expiration of this EULA relate to limitation of liability, indemnification, payments and other provisions that by their nature are intended to continue in effect.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Ownership.

We, as our licensors, own and retain all rights and interests in the Software and any Intellectual Property Rights associated with it. Nothing in this EULA shall therefore be construed as transferring, in whole or in part, any rights in the Software to you or any third party. For purposes of this EULA, “Intellectual Property Rights” means all intellectual and other similar proprietary rights in any jurisdiction, whether owned or used under license, registered or unregistered, including such rights in: (i) trademarks, logos, trade names and goodwill associated with the foregoing; (ii) patents and patent applications and all subdivisions, continuations, reissues, re-examinations and extensions thereof; (iii) writings and other works of authorship and other works produced by you; and (iv) other intellectual property rights.

7.2 Indication of Third Party Licenses

“QT for Application Development” is licensed and distributed by us under the LGPLv3 open source license (available at https://www.gnu.org/licenses/lgpl-3.0.en). Additional information about the QT project can be found at http://info.qt.io/download-qt-for-application-development. You may contact our support team for instructions on how to rebind the QT library or to obtain a copy of the QT source code. In addition, our Software has also received (i) a royalty-free commercial license for the DynaPDF library, which may be purchased at https://www.dynaforms.com, and (ii) a royalty-free developer license for the Universal Document Converter library, which may be purchased at https://www.print-driver.com/.

7.3 Your obligations to preserve our intellectual property rights

You shall not, and shall not permit others to: (i) remove or alter any Software identification code, markings or notice belonging to us or our licensors; (ii) copy, modify, adapt, create derivative works from, disassemble, decompile, reverse-engineer, reproduce, distribute or republish any Software or any part thereof; (iii) conduct or disclose any performance or benchmarking tests of the Software or any related infrastructure; or (iv) perform or disclose any tests of the Software or any related infrastructure.

7.4 Your feedback and suggestions

We are free to use your feedback, suggestions or ideas in any way, including future modifications to the Software, updates, other products or services, advertising or marketing materials. For this purpose, you grant us a perpetual, worldwide, fully transferable, sublicenseable, irrevocable, fully paid-up license to use your feedback in any manner. Notwithstanding the foregoing, we will not sell, publish or share your reviews in a manner that could identify you without your express permission.

8. PRIVACY AND DATA PROTECTION

8.1. We value your privacy and are committed to protecting your personal information. By reading and understanding Our Privacy Policy, you will have a clear understanding of how we collect, use, and safeguard data related to you.

8.2. Accessing Data

In accordance with applicable laws, we reserve the right to access, read, and disclose information as needed to comply with legal requirements, enforce this End User License Agreement, protect our intellectual property rights, and address issues such as fraud or security. This may include monitoring software usage for purposes of providing updates, improving functionality, and ensuring security.

9. GUARANTEE AND LIABILITY

9.1 Right of Access to Data

To the maximum extent permitted by applicable law, we expressly reserve the right to access, read, retain and disclose any information that we may reasonably deem necessary to: (i) comply with any applicable law or authority request; (ii) enforce this EULA (including investigation of potential violations) or our intellectual property rights; (iii) detect, prevent or otherwise address fraud, anti-piracy, security or technical issues (including, but not limited to, the disclosure of information about our intellectual property rights).

9.2. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR THE WARRANTY IN PARAGRAPH 5.2) AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR ARISING OUT OF COURSE OF DEALING, USE OR TRADE. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITING THE PRECEDING PROVISIONS, WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

9.3. DISCLAIMER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCLUDING DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO THE COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED. ETC.) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING BAD FAITH OR OTHERWISE) RESULTING FROM ANY USE OF THE SOFTWARE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAID EXCLUSIONS AND DISCLAIMERS ARE A FUNDAMENTAL PART OF THIS EULA.

9.4. EXCLUSIVE REMEDY

IF ANY LIMITATION, EXCLUSION, WAIVER OR OTHER PROVISION CONTAINED IN THIS EULA IS HELD INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY BE LEGALLY LIMITED, OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY REQUEST, CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SOFTWARE. NOTWITHSTANDING THE FOREGOING PROVISIONS, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE EVENT OF DISSATISFACTION WITH THE SOFTWARE AND ANY RELATED SERVICES OR ANY OTHER COMPLAINT AFTER THE PERIOD SPECIFIED IN CLAUSE 5.2) SHALL BE FOR YOU TO TERMINATE AND SUSPEND ACCESS TO AND/OR USE OF THE SOFTWARE.

10. COMPENSATION

10.1 Compensation

You agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of any claim brought by a third party (including, but not limited to, any agency, government agency, organization, etc.) against us in connection with any of your: (i) breach or noncompliance with any provision of this EULA; (ii) violation of any applicable law, whether or not referenced herein; (iii) use or misuse of the Prog; (iv) breach of any provision of this EULA; (v) breach of any provision of this EULA; (vi) breach of any provision of this EULA; (vii) breach of any applicable law, whether or not referenced herein; or (viii) breach of any provision of this EULA.

10.2 Remedies

You expressly agree and acknowledge that any breach of your obligations under this EULA may cause us irreparable damage and loss that cannot be recovered by legal action. Therefore, you agree that our remedies for breach of this EULA may be enforceable in the form of injunctive relief, as well as any other available remedies, both at law and in equity.

11. DISCLAIMER.

11.1 Support Termination Policy

The Software is subject to our termination of support policy, so we reserve the right to terminate all support for the Software and/or for any related feature, service, content or updates in accordance with this termination policy.

11.2 Assignment of Rights

You are not permitted to assign this EULA or any rights under it without our prior written consent. On the contrary, we have the right, in our sole discretion, to assign this EULA or any rights under it to any third party without prior notice.

11.3 Independent Parties

We are an independent contractor, so there is no partnership, joint venture or agency relationship between us and you. You and we are each responsible for paying your own employees, including employment related taxes and insurance.

11.4 Force Majeure.

We will not be liable for any default due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lock-outs or shortages of transportation, resources, fuel, energy, labor or materials. In the event of such delay, we will be excused from performance to the extent delayed or prevented by such cause.

11.5 Waiver of Implied Waiver

Any forbearance or silence on our part, even if continuous and repeated with respect to any breach or deficiency on your part under any provision of this EULA, will not be deemed to be consent to such breaches and deficiencies and will not affect the validity of the breached provision, nor will it be construed as a waiver of any rights held by us under this EULA and/or applicable law.

11.6 Applicable Law and Exclusive Jurisdiction

This EULA is governed by the substantive and procedural laws of British Columbia, Canada, without regard to conflict of laws rules. Any dispute arising out of or relating to this EULA is subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

11.7 Severability

If any part of this EULA is held illegal or invalid, the remainder will remain in full force and effect.

11.8 Modifications

We may, in our sole discretion, modify this EULA at any time by posting a revised version on our website at www.doculuma.com/eula and providing reasonable advance notice of any change that reduces your rights or increases your obligations. Your continued use of the Software following changes to the EULA after the effective date of the revised version will be deemed your express acceptance of and agreement to be bound by the EULA as amended from time to time.