ImageConverter Plus 8.0.94

EULA - End User License Agreement

END USER LICENSE AGREEMENT

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NOTICE TO USER:

THIS IS AN AGREEMENT GOVERNING YOUR USE OF IMAGECONVERTER PLUS SOFTWARE, FURTHER DEFINED HEREIN AS "PRODUCT", AND THE LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW, YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Electronic End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity), the "Licensee", and fCoder Group, Inc. (the "Licensor"), regarding the Licensor's software and service titled ImageConverter Plus 9.0 owned by the Licensor and/or its respective affiliates and licensors, as applicable pursuant to a valid license, you are about to download in object code form or other related services, including without limitation a) all of the contents of the files, license keys or codes, serial numbers, components, parts, disk(s), CD-ROM(s) or other media with which this Agreement is provided (the "Software"), and b) all successor upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Licensor (collectively, the "Updates") provided that Updates shall not include a new subsequent releases of ImageConverter Plus bearing a new first numeral such as 8.0 or 9.0 ("New Releases"), and c) related user documentation and explanatory materials or files provided in written, "online" or electronic form (the "Documentation" and together with the Software and Updates, the "Product"). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, "you" or "Licensee" means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, "you" or "Licensee" means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.

By accessing, storing, loading, installing, executing, displaying, copying the Product into the memory of a Client Device, as defined below, or otherwise benefiting from using the functionality of the Product ("Operating"), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way and, if applicable, you may return the Product to the place of purchase for a full refund.

A COPY OF THIS EULA CAN BE FOUND AT THE INSTALLATION DIRECTORY UNDER THE DOCUMENTS NAME "EULA.txt" OR http://www.imageconverterplus.com/eula SHOULD YOU WISH TO CONSULT IT IN THE FUTURE.

BEFORE YOU PUT A CHECKMARK AT THE "I ACCEPT THE AGREEMENT" BUTTON AND PRESS "NEXT", PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE "I ACCEPT THE AGREMENT" AND "NEXT" BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE PRODUCT WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW.

1. Proprietary Rights and Non-Disclosure.

1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of the Licensor and/or its respective affiliates, suppliers and licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use Licensor's trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. The Licensor and/or its respective affiliates, suppliers and licensors own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements, Updates or other modifications to the Software, whether made by Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the license granted under this Agreement provides you only with a right of limited use under the terms and conditions of this Agreement.

1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way. Notwithstanding the foregoing, nothing in this Agreement shall be construed as giving you any access, right or entitlement to the Product's source code.

1.3. Serial Number and Confidential Information. You agree that, unless otherwise specifically provided herein or agreed by the Licensor in writing, the Product, including the specific design and structure of individual programs and the Product, including without limitation the Serial Number provided to you by the Licensor and/or its authorized resellers or distributors, constitute confidential proprietary information of the Licensor. For purposes hereof, "Serial Number" shall mean a unique sequence of digit and/or symbols provided to you by the Licensor confirming the purchase of the license from the Licensor, which may carry the information about the license and the number of permitted users, and enabling the full functionality of the Product in accordance with the license granted under this Agreement. You agree not to transfer, copy, disclose, test, provide or otherwise make available such confidential information in any form and via any means, electronic or non-electronic, to any third party without the prior written consent of the Licensor. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Serial Number provided to you by the Licensor and/or its authorized resellers or distributors.

1.4. No Modification. You agree not to modify or alter the Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product.

2. Grant of License.

2.1. License. The Licensor grants you the following rights ("License") and you hereby agree and accept such License:

a). Trial Version. If you have received, downloaded and/or installed an unregistered trial version of the Product (the "Trial Version") and are hereby granted an evaluation license for the Software with such limited and/or abridged functionality as Licensor may, at its sole discretion, deem necessary or appropriate, and you may Operate the Product only (i) to the extent such functionalities made available by Licensor, (ii) for evaluation purposes, and (iii) only during the single applicable evaluation period, if any, granted to you by the Licensor. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a trial version of the Software without any modifications whatsoever to any third party subject to this Agreement. The Trial Version may be freely distributed in its original format, with exceptions noted below, provided that the distribution package is unmodified. No person or company may charge a fee for the distribution of the Trial Version without written permission from the Licensor. The Trial Version may not be bundled or distributed with any other package without the express written permission of the Licensor.

b). Grant of License. Unless otherwise specifically indicated under a valid license (e.g. business license or multiple user license as provided below) granted by the Licensor, upon purchase of the Product (online or otherwise as provided by Licensor), Licensee is granted a non-exclusive and non-transferable license to install and Operate one (1) copy of the specified version of the Product by one user account in the operating system ("User") during the term of this Agreement or subscription term, if applicable, subject to the payment of the applicable fees and Licensee's compliance with the terms hereof, for internal purposes only, on one computer, workstation, personal digital assistant, 'smart phone', mobile phones, hand-held devices, or other electronic devices for which the Software was designed (each a "Client Device"). The Licensor reserves all rights not expressly granted herein.

c). Multiple Licenses. If you have purchased multiple licenses for the Product, then the number of all Users on all Client Devices shall not exceed the number indicated in the invoicing/licensing terms. By way of illustration and not a limitation, if Licensee purchase a license "up to 5 users (computers)", then the Product can be installed, activated and Operated in one of the following examples: (i) on 5 computers (workstations), with one account per each computer, (ii) on one computer (workstation) with five User accounts; or (iii) on one server under 5 different User accounts, which use and Operate the Product through Local Area Network or which use and Operate the Product through the server by remote access (such as Windows Terminal or Remote Desktop Connection). Additionally, Licensor reserves the right to provide for specific terms and conditions in the individual licenses and such terms may be embedded in Serial Number specifying other terms, conditions and restrictions of Operating of the Product. If the Product is licensed as a suite or bundle with more than one specified software product, this license applies to all such specified software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such software products individually. The Licensor reserves all rights not expressly granted herein.

d). Personal Use License. If the Product is licensed under Personal License upon the terms specified in the applicable Personal License invoicing or packaging for the Product, you may make use of the Product solely for Personal Use. For purposes hereof, "Personal Use" shall mean personal non-commercial use, and not on behalf or for the benefit of any clients and excludes any commercial purposes whatsoever, which include without limitation: advertising marketing and promotional materials/services on behalf of an actual client, employer, employee or for your own benefit, any products that are commercially distributed, whether or not for a fee (including any photo images, t-shirts, posters, templates, flyers, brochures, calendars, screensavers, "photo mugs", mailings in hard copy or electronic format), any materials or services for sale or for which fees or charges are paid or received.

e). Business License. If the Product is licensed under Business License with the Software provided in Object Code only upon the terms specified in the applicable invoicing or packaging for the Product, you may Operate of the Product for Business Use (the "Business License"). For purposes hereof, "Business Use" shall mean any Operation of the Product for legal business, commercial, or government purpose in accordance with Documentation. Licensee may Operate the Product licensed under the Business License by the number of Users as provided and permitted by invoicing terms or applicable terms and conditions on the Licensor's web site http://www.imageconverterplus.com/purchase/ at the time of purchase of the Business License.

f). Educational Purpose License and Educational Institution Site License. If the Product is licensed under an Educational Purpose License upon the terms specified in the applicable Educational Purpose License invoicing or packaging for the Product, you may make use of the Product solely for Educational Purpose. "Educational Purpose" means any non-commercial study or research that is undertaken solely in furtherance of one's education, whether or not completed by a student in pursuit of an educational degree, certificate or diploma and as used by teachers or facilitates teaching of a class, and all administrative staff, faculty and employees, of any college, university, trade school or other school ("Educational Institution"). With the acquisition of an Educational Institution Site License, Licensee may install and Operate the Product by a number of Users determined by the applicable invoicing terms within one Educational Institution in one geographic location. Within these limitations, you may install the Product as a "Network" Product and run the Product from any networked Client Devices on Licensee's LAN, provided that such Client Devices are located exclusively within one office complex within one geographic location. Educational License may be granted exclusively at the discretion of the Licensor upon your submission of a written request discussing your and your employer/employees activities, when applicable, and your reasons for and purposes of Operating the Product.

g). Governmental and Non-profit License. If the Product is licensed under a government license (the "Government License") or a non-profit license (the "Non-profit License") upon the terms specified in the applicable invoicing or packaging for the Product, you may make use of the Product solely for governmental or non-profit purposes, accordingly. "Governmental Purpose" means any non-commercial study or research that is undertaken solely in furtherance of one's duties as a government employee. "Non-profit Purpose" means any non-commercial activity or research that is undertaken solely in furtherance of one's duties as part of the non-profit organization purposes narrowly interpreted. With the acquisition of a Governmental or Non-profit License, Licensee may install and Operate the Product by a number of Users determined by the applicable invoicing terms within one governmental institution or one non-profit organization, accordingly, in one geographic location. Within these limitations, you may install the Product as a "Network" Product. Government License and Non-profit License may be granted exclusively at the discretion of the Licensor upon your submission of a written request discussing your and your employer/employees activities, when applicable, and your reasons for and purposes of Operating the Product.

h). Multiple Environment Product; Multiple Language Product; Dual Media Product; Multiple Copies; Bundles. If the Product supports multiple platforms or languages, if you receive the Product on multiple media, if you otherwise receive multiple copies of the Product, or if you received the Product bundled with other software, the total number of Users that may Operate all versions of the Product may not exceed the number of licenses you have obtained from the Licensor. Except as otherwise specifically provided herein, you may not rent, lease, sublicense, lend or transfer any versions or copies of the Product you do not use.

i). Updates. During the Term of this Agreement, as defined below, you may download Updates to the Product when and as the Licensor publishes them in its electronic bulletin board system, website or through other online services. Whether an Update is a free Update or a fee is charged for a particular Update is determined by Licensor in it sole discretion provided that Licensee is under no obligation to install and/or Operate any Updates. If the Product or any part thereof is an Update to a previous version of the Product, you must possess a valid license to such previous version in order to use the Update.

j). Back-up Copies. You can make one (1) copy the Product for backup and archival purposes, provided, however, that the original and each copy is kept in your possession or control, and that your installation and use of the Product does not exceed that which is allowed in this Section 2.

k). Prohibitions. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, assign or transfer the licensed program, or any subset of the licensed program, except as provided for in this Agreement. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Product's binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Licensor. All rights not expressly granted here are reserved by Licensor.

l). Serial Number. You may not give away, sell or otherwise transfer your registration Serial Number or any copy thereof to a third party. Serial Number may not be distributed, except as provided herein, outside of the area of legal control of the person or persons who purchased the original License, without written permission of the Licensor. Doing so constitutes an infringement of Licensor's copyright. Licensor retains the right of claims for compensation in respect of damage which occurred by your giving away the Serial Number or registration code contained therein. This claim shall also extend to all costs which Licensor incurs in defending itself.

READ THE REST OF EULA DURING INSTALLATION.