TERMS OF ACCESS TO SOFTWARE 1. LICENCE CONDITIONS This Software is owned by Us and licensed "per user". We grant to You a nonexclusive, non-transferable, perpetual licence to use this Software for a single user account on up to 5 Workstations. Each workstation must have the same user account name. You can not split a single license amongst several users. The Software and associated files must be distributed in their entirety and must not be altered or re-engineered in any way. Where multiple Software Licences are ordered in a single transaction they may not be broken up into separate licences for resale. 2. INTELLECTUAL PROPERTY You acknowledge that despite Your use of the Software, We own all intellectual property rights in and in relation to the Software including any modifications made to the Software. You acknowledge that the Software is Our copyright property and to the extent that the law permits, You will not adapt, copy, alter, modify, reproduce, distribute, transmit, download, reverse engineer or create derivative works from the Software, nor will You allow a third party to do so. 3. WARRANTY To the extent permitted by law: (a) We do not warrant that the functions contained in the Software will meet Your requirements, or that the operation of the Software will be uninterrupted or error- free, or that defects in the Software will be corrected; (b) We do not warrant or make any representations regarding the use or the results of the use of the Software or any documentation provided to You in terms of their correctness, accuracy, reliability, or otherwise; (c) this Software is provided to You ''as is.'' To the extent permitted by law, We make no warranties, either express or implied, with respect to this Software and/or associated materials provided to You, including but not limited to any warranty of merchantability, fitness for a particular purpose or against infringement; and (d) no oral or written information or advice given by Us or Our authorised representatives shall create a warranty or in any way increase the scope of this warranty. 4. LIMITATION OF LIABILITY To the extent permitted by law, We and Our authorised representatives and distributors are not liable to You for any claims or damages whatsoever in relation to Your use of the Software, including property damage, personal injury, intellectual property infringement, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise. 5. CHARGES You must pay the Charges in consideration for Your access to and use of the Software. Details in relation to Our Charges and payment terms are available at http://www.broadgun.com The Charges are inclusive of GST (if applicable). In addition to any amount paid or provided by You under or in connection with these Terms of Access to Software, You must pay to Us, at the same time and in the same manner as the relevant Charges or any part of them, the amount of any GST for which We are liable in relation to the supply. 6. CONFIDENTIALITY Each Party will not disclose the Confidential Information of the other Party without the prior written consent of the other Party. Each Party will take all reasonable steps to ensure that its employees and agents, and any sub- contractors it engages do not make public or disclose the other Party's Confidential Information. A Party will not be in breach of this clause 6 in circumstances where it is legally compelled to disclose the Confidential Information. This clause shall survive termination of these Terms of Access to Software. 7. Termination (a) We may terminate these Terms of Access to Software immediately: (i) upon 28 days written notice to You; (ii) if You are in breach of any term of these Terms of Access to Software and such breach (if capable of remedy) is not remedied within 28 days of written notice from Us; and (iii) if You become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration. (b) Upon termination of these Terms of Access to Software: (i) Your licence to use and access the Software will terminate immediately and You acknowledge and agree that: (A) all rights in relation to the Software granted to You pursuant to these Terms of Access to Software immediately cease; (B) You must immediately cease using the Software; and (C) all copies of the Software in Your possession (if any)c:d\ev\ must be returned to Us within 3 days of the date of termination of these Terms of Access to Software. 8. Adobe i) We are not affiliated or associated with Adobe; ii) The Software is compatible with Adobe Acrobat Reader, however We make no representation that the Software is affiliated or associated with the Adobe Acrobat Reader program; iii) We strongly recmmend that You obtain a licencsed copy of a PDF reader software program. 9. PRIVACY POLICY We may collect data associated with the purchase transaction, including your name, business name, email, payment method and IP address. We will never divulge this data to another party and will take reasonable security precautions to ensure the data remains secure. We do not see credit card details, that is handled by our credit card service providers. Our website uses cookies to streamline the purchasing process. Our software may upload anonymous usage data to google analytics, things like button clicks, options selected and so on. The uploading can be switched off through options in the software. 10. GENERAL (a) These Terms of Access to Software constitute the entire agreement between the Parties in relation to the Software and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing. (b) No right under these Terms of Access to Software will be deemed to be waived except in writing signed by the Party granting the waiver. (c) These Terms of Access to Software will not be varied except by agreement in writing signed by both Parties. (d) These Terms of Access to Software will be governed by and construed according to the law of the State of Victoria, Australia. You and We agree to take legal proceedings over these Terms of Access to Software only in its courts. (e) Where You comprise of two or more persons, an agreement or obligation to be performed or observed by You binds those persons jointly and each of them severally, and a reference to You will be deemed to include a reference to any one or more of those persons. (f) With the exception of clause 5, these Terms of Access to Software apply to any use by You of the Software including use of the trial version of the Software. 10. Definitions "Charges" means the charges payable for Your use of the Software, inclusive of GST. "Confidential Information" means any confidential information belonging to a Party which relates to the terms and subject matter of these Terms of Access to Software and includes, without limitation, information relating to Your data, Our data, the Software and a Party's personnel, policies, clientele or business strategies. "GST" means the tax imposed or to be imposed by A New Tax System (Goods and Services Tax) Act 1999 (Cth). "Party" means either You or Us as the context dictates. "Software" means the pdfMachine Software computer program to be used by You under these Terms of Access to Software. "Terms of Access to Software" means these terms and conditions for access to and use of the Software. "We" or "Our" or "Us" means BroadGun Software Pty Ltd. "Workstation" means one terminal or computer machine. "You or "Your" means You the party seeking to access and use the Software pursuant to these Terms of Access to Software. 11. ICC (CMYK) Profile This software uses the ISO coated v2 (ECI) profile Copyright by European Color Initiative,www.eci.org Heidelberg License ******************* License terms ("LICENSE") for the use of HEIDELBERG ICC profiles with profile properties as defined in this license 1 Definition 1.1 For generic ICC profiles for the profiling of standard printing conditions which have been produced with software of Heidelberger Druckmaschinen AG ("HEIDELBERG") ("PROFILES"), HEIDELBERG agrees to a free distribution and use of the PROFILES, on condition that the distributor and/or user ("LICENSEE") agrees to the following terms. 1.2 Standard printing conditions within the meaning of this LICENSE are standards defined by international or national standardization bodies such as ISO 12647 and the respective parts thereof or are a de facto standards in certain regions of the world. 2 Scope of the Right of Use 2.1 HEIDELBERG grants the LICENSEE a non-exclusive right to use the PROFILES. 2.2 The LICENSEE is allowed to redistribute the PROFILES and to transfer this Right of Use to a third party on condition that these PROFILES are always distributed together with this LICENSE and that the third party accepts that the license transferred by the LICENSEE is subject to the terms of this LICENSE. The PROFILES may be redistributed also bundled together with other software. 3 Exclusion of other Use 3.1 It is explicitly prohibited to charge any kind of remuneration for the distribution of these PROFILES. 3.2 It is not allowed to edit these PROFILES or to change the entries in the profile tags or to use the inherent technical solutions for any purpose other than the actual purpose of an ICC profile. If the PROFILES will be sold bundled together with commercial software, then it is not allowed to charge an extra price for the PROFILES. 4 Warranty and Liability 4.1 The PROFILES are provided "as is" free of charge and devoid of all claims against HEIDELBERG or the distributor of these PROFILES. 4.2 This LICENSE excludes all liability, including the liability for damages. 5 Copyright The copyright on the PROFILES remains with HEIDELBERG. 6 General Terms 6.1 The Right of Use as described in point 2.1 is void with immediate effect upon violation of this LICENSE. 6.2 This LICENSE applies explicitly to generic profiles only for the profiling of printing standards, as specified in point 1. This LICENSE expressly does not apply to profiles produced with HEIDELBERG software which profile the properties of a specific device. Heidelberg, September 2003 THIS QUOVADIS CERTIFICATE HOLDER AGREEMENT ************************************************* IMPORTANT: READ CAREFULLY THIS QUOVADIS CERTIFICATE HOLDER AGREEMENT ("AGREEMENT") IS ENTERED INTO BETWEEN: * THE CERTIFICATE HOLDER ("YOU" OR "THE CERTIFICATE HOLDER"); * AS IDENTIFIED IN THE SUBJECT NAME FIELDS OF AN END USER CERTIFICATE; OR * THE INDIVIDUAL OR LEGAL ENTITY RESPONSIBLE FOR THE REQUEST, INSTALLATION AND MANTENANCE OF THE SYSTEMS ON WHICH A QUOVADIS BUSINESS SSL CERTIFICATE OR AN EXTENDED VALIDATION (“EV”) SSL CERTIFICATE IS INSTALLED; * THE ORGANISATION WITH WHICH QUOVADIS HAS CONTRACTED REQUESTING THE ISSUANCE OF A CERTIFICATE; AND * QUOVADIS LIMITED ("QUOVADIS"). ALL CERTIFICATE HOLDERS MUST FIRST READ THIS AGREEMENT AND AGREE, ACCEPT AND BE BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO BE THE CERTIFICATE HOLDER OF A QUOVADIS CERTIFICATE AND YOU MUST TERMINATE YOUR APPLICATION OR REQUEST REVOCATION OF SUCH CERTIFICATE. THIS AGREEMENT INCORPORATES BY REFERENCE ANY CERTIFICATE POLICIES CONTAINED IN THE QUOVADIS CERTIFICATE AND CONDITIONS OF THE APPLICABLE ROOT CERTIFICATE POLICY/CERTIFICATION PRACTICE STATEMENT ("CP/CPS") LOCATED AT http://www.quovadisglobal.com/repository. THE USE OF A DIGITAL CERTIFICATE SIGNIFIES ACCEPTANCE OF THAT DIGITAL CERTIFICATE. BY ACCEPTING A CERTIFICATE, THE CERTIFICATE HOLDER ACKNOWLEDGES THAT THEY AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS CERTIFICATE HOLDER AGREEMENT AND THE CP/CPS. CAPITALIZED TERMS NOT DEFINED IN THIS AGREEMENT HAVE THE MEANING SPECIFIED IN THE CP/CPS. QuoVadis and the Certificate Holder, intending to be legally bound, agree as follows: 1. Issuance; Fees: Upon the Certificate Holder's submission of a completed Application and QuoVadis’ acceptance of that Application, QuoVadis shall issue the number of Certificates applied for by the Certificate Holder. The Certificate Holder shall pay the then-current published price for such Certificate(s). 2. Use, Purpose and Limitations: The Certificate Holder shall use the QuoVadis Certificate in accordance with the terms and conditions of the CP/CPS. 3. Role and Obligations of QuoVadis: QuoVadis shall act as the Certification Authority for the QuoVadis Certificate and perform its obligations as specified in this Agreement and the CP/CPS. QuoVadis is not responsible or liable for the cryptographic methods used in connection with the QuoVadis Certificate. QuoVadis represents and warrants that it has followed the requirements of the CP/CPS in issuing the Certificate and in verifying the accuracy of the information contained in the Certificate. Additional warranties, identified in the CP/CPS, apply to QuoVadis EV SSL Certificates. 4. Role and Obligations of the Certificate Holder: Before accepting and using a QuoVadis Certificate, the Certificate Holder must: (i) where applicable, generate its own Key Pair; (ii) submit an Application; and (iii) accept and agree to the terms of this Agreement. The Certificate Holder is solely responsible for the generation of the Key Pair to which the QuoVadis Certificate relates and for the security protection of the Private Key underlying the QuoVadis Certificate. The Certificate Holder represents and warrants, so long as the Certificate is valid, that: (a) The Certificate Holder has provided/will provide accurate and complete information, both in the Certificate Request and as otherwise requested by QuoVadis. The Certificate Holder consents to QuoVadis retaining such registration information in accordance with the QuoVadis data retention policy; (b) The Certificate Holder will take all reasonable measures necessary to maintain sole control of, keep confidential, and properly protect at all times the Private Key that corresponds to the Public Key to be included in the requested Certificate(s) (and any associated access information or device – e.g., password or token); (c) The Certificate Holder will not install and use the Certificate(s) until it has reviewed and verified the accuracy of the data in each Certificate; (d) The Certificate Holder will install the Certificate only on the server accessible at the domain name listed on the Certificate, and/or to use the Certificate solely in compliance with all applicable laws, and solely in accordance with this Certificate Holder Agreement; (e) If the Certificate requires the use of a Secure Signature Creation Device (SSCD), the Certificate Holder will only use the Certificate with such a device that either been supplied by or approved by QuoVadis; (f) If the Certificate Holder generates their keys, then they will generate them in a secure manner in accordance with industry leading practices; (g) The Certificate Holder will promptly cease using a Certificate and its associated Private Key, and promptly request that QuoVadis revoke the Certificate, in the event that: (a) any information in the Certificate is or becomes incorrect or inaccurate, or (b) there is any actual or suspected misuse or compromise of the Certificate Holder’s Private Key associated with the Public Key listed in the Certificate; (h) The Certificate Holder will promptly cease all use of the Private Key corresponding to the Public Key listed in a Certificate upon expiration or revocation of that Certificate. The Certificate Holder shall indemnify and hold harmless QuoVadis from any and all damages and losses arising out of: (i) use of a QuoVadis Certificate in a manner not authorized by QuoVadis; (ii) tampering with a QuoVadis Certificate; or (iii) any misrepresentations made during the use of a QuoVadis Certificate. In addition, the Certificate Holder shall indemnify and hold harmless QuoVadis from and against any and all damages (including legal fees) for lawsuits, claims or actions by third-parties relying on or otherwise using a QuoVadis Certificate relating to: (i) the Certificate Holder's breach of its obligations under this Agreement or the CP/CPS; (ii) the Certificate Holder's failure to protect its Private Key; or (iii) claims (including without limitation infringement claims) pertaining to content or other information or data supplied by the Certificate Holder. 5. Revocation: Certificates issued by QuoVadis will be revoked on the occurrence of any of the following events: (a) The Certificate Holder or Certificate Owner requests revocation of its Certificate; (b) The Certificate Holder indicates that the original Certificate Request was not authorized and does not retroactively grant authorization; (c) QuoVadis obtains reasonable evidence that the Certificate Holder’s Private Key (corresponding to the Public Key in the Certificate) has been compromised, or that the Certificate has otherwise been misused; (d) QuoVadis receives notice or otherwise become aware that a Certificate Holder violates any of its material obligations under the Certificate Holder Agreement; (e) The Certificate Holder fails or refuses to comply, or to promptly correct inaccurate, false or misleading information after being made aware of such inaccuracy, misrepresentation or falsity; (f) QuoVadis determines, in its sole discretion, that the Private Key corresponding to the Certificate was used to sign, publish or distribute spyware, Trojans, viruses, rootkits, browser hijackers, phishing, or other content that is harmful, malicious, hostile or downloaded onto a user’s system without their consent; (g) QuoVadis receives notice or otherwise become aware that a court or arbitrator has revoked a Certificate Holder’s right to use the domain name or other information listed in the Certificate. (h) QuoVadis receives notice or otherwise becomes aware of a material change in the information contained in the Certificate or if QuoVadis determines that any of the information appearing in the Certificate is not accurate (i) A determination, in QuoVadis' sole discretion, that the Certificate was not issued in accordance with the terms and conditions of the CP/CPS; (j) QuoVadis’ right to issue Certificates by law, regulation, or policy expires or is revoked or terminated; (k) QuoVadis’ Private Key for that Certificate has been compromised; (l) Such additional revocation events as QuoVadis publishes in its CP/CPS or deems appropriate based on the circumstances of the event; or (m) QuoVadis receives notice or otherwise becomes aware that a Certificate Holder has been added as a denied party or prohibited person to a blacklist, or is operating from a prohibited destination under the laws of QuoVadis’ jurisdiction of operation. 6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THE CP/CPS, QUOVADIS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, RELATING TO ANY QUOVADIS CERTIFICATE OR ANY RELATED SERVICES PROVIDED BY QUOVADIS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION OF LIABILITY AND DAMAGES: DESPITE ANY CONTRARY PROVISION CONTAINED IN THIS AGREEMENT OR THE CP/CPS, THE MAXIMUM LIABILITY OF QUOVADIS FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT WILL NOT EXCEED US$250,000. IN NO EVENT WILL QUOVADIS BE LIABLE TO THE CERTIFICATE HOLDER OR ANY THIRD-PARTY RELYING UPON OR OTHERWISE MAKING USE OF A QUOVADIS CERTIFICATE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF QUOVADIS HAS BEEN ADVISED OF THE LIKELIHOOD OF THOSE DAMAGES IN ADVANCE. THE CERTIFICATE HOLDER'S USE OF A QUOVADIS CERTIFICATE IN A TRANSACTION WHERE THE POTENTIAL LIABILITY EXPOSURE IS GREATER THAN THAT CERTIFICATE'S MAXIMUM LIABILITY LIMIT AS SPECIFIED IN THIS CLAUSE 7 IS AT THE CERTIFICATE HOLDER'S OWN RISK. 8. Third-Party Beneficiaries: All application software and operating system vendors with whom QuoVadis has entered into a contract for inclusion of the QuoVadis Root Certificate as a trusted root Certificate in their software and all relying parties who actually rely on such Certificate during the period when the Certificate is valid are intended third party beneficiaries of this Agreement. 9. Term & Termination: This Agreement is effective upon QuoVadis' acceptance of the Certificate Holder's Application, and will terminate, except for those provisions which by their nature survive termination, upon the earliest of: (i) the latest expiration date of the QuoVadis Certificates issued to You under this Agreement; (ii) a breach of the Certificate Holder's obligations under this Agreement; (iii) the Certificate Holder's written request; or (iv) revocation of all QuoVadis Certificates issued to You under this Agreement. 10. Governing Law: The Relationships between the Participants are dealt with under the system of laws applicable under the terms of the contracts entered into. In general these can be summarised as follows; * Dispute between the Root CA and an Issuing CA is dealt with under Bermuda Law. * Dispute between an Issuing CA and a Registration Authority is dealt with under the applicable law of the Issuing CA. * Dispute between an Issuing CA and an Authorised Relying Party is dealt with under the applicable law of the Issuing CA. 11. Notices: All notices provided by the Certificate Holder are considered given when in writing and delivered in hand by independent courier, delivered by registered or certified mail-return receipt requested, or sent by facsimile with receipt confirmed by telephone or other verifiable means, to: QuoVadis Limited, Suite 1640, 48 Par La Ville Road, Hamilton HM11, Bermuda Website: http://www.quovadisglobal.com; Electronic Mail: compliance@quovadisglobal.com YOU REPRESENT AND WARRANT THAT: (A) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON THE CERTIFICATE HOLDER'S BEHALF AND TO BIND THE CERTIFICATE HOLDER TO THE TERMS OF THIS AGREEMENT; (B) CERTIFICATE HOLDER IS THE ENTITY, LEGAL OR NATURAL PERSON THAT IT CLAIMS TO BE IN THE QUOVADIS CERTIFICATE APPLICATION; (C) THE CERTIFICATE HOLDER HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT; AND (D) THIS AGREEMENT AND THE PERFORMANCE OF THE CERTIFICATE HOLDER'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT VIOLATE ANY THIRD-PARTY AGREEMENT TO WHICH THE CERTIFICATE HOLDER IS A PARTY. LITTLE CMS This product uses Little CMS version 2-2.3 http://www.littlecms.com/. Little CMS is distributed under the MIT License (MIT)agreement. http://www.opensource.org/licenses/mit-license.php LIBTAR This product uses libtar version 1.2.11. Licensing of libtar is as follows : "Copyright (c) 1998-2003 University of Illinois Board of Trustees Copyright (c) 1998-2003 Mark D. Roth All rights reserved. Developed by: Campus Information Technologies and Educational Services, University of Illinois at Urbana-Champaign Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the ``Software''), to deal with the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution. * Neither the names of Campus Information Technologies and Educational Services, University of Illinois at Urbana-Champaign, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission. THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE." TESSERACT pdfMachine utilises the Tesseract technology to perform optical character recognition. http://www.apache.org/licenses/LICENSE-2.0 UPLOAD ANONYMOUS USAGE DATA pdfMachine uses google analytics to help us make the product better. If you choose to share your usage data to our google analytic account, no personaly identifying information is uploaded. Just things like what button was clicked, what menu option was chosen, what language was used and so on.