ACCUSOFT CORPORATION
ACCUSOFT PDF VIEWER "SHRINK-WRAP" LICENSE AGREEMENT
PLEASE READ THIS LICENSE AGREEMENT ("Agreement") WHICH GOVERNS YOUR
RIGHTS TO USE OF THE ACCUSOFT PDF VIEWER ("Program"). BY DOWNLOADING THIS
PROGRAM AND THEN CONTINUING WITH THE USE OF PROGRAM, LICENSEE AGREES
TO BE BOUND BY THIS AGREEMENT AND CONFIRMS THAT LICENSEE IS ALSO
ACCEPTING OUR PRIVACY POLICY. YOU AGREE THAT YOU HAVE THE AUTHORITY TO
CONTRACTUALLY BIND YOURSELF OR ANY ORGANIZATION OR ENTITY YOU
REPRESENT ("LICENSEE") TO BE BOUND BY THESE TERMS. (IF YOU HAVE ANY
QUESTIONS ABOUT THIS AGREEMENT OR THE PRIVACY POLICY, CEASE YOUR USE OF
PRODUCT IMMEDIATELY AND CONTACT ACCUSOFT BY EMAIL OR PHONE:
813-875-7575.)
1. Background. Accusoft Corporation, a Florida corporation, ("Accusoft") is the owner of all
rights, title, and interest in the software product known as the Accusoft PDF Viewer ("Program").
LICENSEE wants to Use a copy of the Program under the terms and conditions stated herein.
The Program is available to be used in either Standard Mode or Professional Mode.
Professional Mode provides additional features and functionality compared to Standard Mode,
plus Professional Mode includes active support.
2. Installation. The Program’s default installation installs the Program in Standard Mode. This
allows you to use many Program features and functions according to the provisions of this
Agreement's License Terms, and is currently free of any monetary charge. Standard Mode
support is limited to passive support through our Program documentation, but Accusoft is willing
to provide additional support options for a fee.
3. Changing from Standard Mode to Professional Mode. A Professional License may be
purchased at www.accusoft.com or through info@accusoft.com and then LICENSEE’s rights are
on a per Application per Platform basis, for a single domain or URL with no more than Five (5)
developers. An “Application” is defined as software having a single service purpose. A
“Platform” is defined as iOS, Android, Windows, Linux, or any other desktop, mobile operating
system for native use. A developer is defined as an individual permitted to make modifications
to your applications that use Accusoft PDF Viewer, whether such a person is your employee,
consultant or contractor providing services to you. To discuss licensing for other uses or
circumstances, contact info@accusoft.com.
4. Limited License. Accusoft grants LICENSEE a limited, non-transferable, non-exclusive and
non-assignable license to incorporate the Program into LICENSEE’s Application (“Use”).
LICENSEE shall have no right to, and shall not assign this Agreement whether by transfer,
assignment, merger or otherwise.
5. Error and Usage Reporting. LICENSEE acknowledges that the Program may include an Error
and Usage Reporting mechanism that may automatically exchange error and usage information,
that is not personally-identifiable information, with servers over the Internet when a connection
to the Internet is available.
6. Ownership. LICENSEE acknowledges and agrees that Accusoft owns all rights, title and
interest in the Program, in all forms, including without limitation any and all worldwide proprietary
rights therein, further including but not limited to trademarks, copyrights, patent rights, patent
continuations, trade secrets and confidential information.
7. Public Disclaimer of use. You also hereby grant permission to Accusoft Corporation to tell the
public of and about your use of the Accusoft PDF Viewer using your name and logo on our
website and within conversations, blogs, white papers, social media promotions or exhibitions.
8. Restrictions and Reservations. All rights and licenses not expressly granted to LICENSEE are
reserved to Accusoft. LICENSEE shall not disassemble, decompile, decrypt or reverse engineer
the Program (except reverse engineering for the purpose of debugging modifications made by
LICENSEE to LGPL-licensed portions of the Program, if any) or in any manner attempt to
discover or reproduce the source code or any other copyrightable aspect of the Program, or any
portion thereof.
a. LICENSEE is strictly prohibited from marketing, selling, distributing, licensing, sublicensing,
leasing, time-sharing or renting the Program or any component thereof except as incorporated
into, and as part of, LICENSEE’s Application, and
b. LICENSEE is strictly prohibited from using the Program, directly or indirectly, in developing
LICENSEE's own product with, or including, similar functionality as Program.
9. Warranty Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT THE PROGRAM
IS PROVIDED "AS IS". ACCUSOFT DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE.
10. Limitation of Liability. ACCUSOFT SHALL HAVE NO LIABILITY TO LICENSEE, LICENSEE
AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT,
NEGLIGENCE OR PRODUCTS LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE,
INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOST DATA, LOST FILES, OR FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER
ARISING OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE THE
PROGRAM, OR THE PERFORMANCE OR OPERATION OF THE PROGRAM, EVEN IF
ACCUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification by LICENSEE. LICENSEE SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND ACCUSOFT FOR ANY LOSS, CLAIM, ACTION OR PROCEEDING THAT ARISES
OR RESULTS FROM ANY ACTIONS OR OMISSIONS OF LICENSEE PERTAINING TO A
LICENSEE PRODUCT OR SERVICE OR FROM LICENSEE USAGE OF PROGRAM NOT
PERMITTED BY THIS AGREEMENT.
12. Pricing Subject to Change. Prices of all versions of Accusoft PDF Viewer are subject to
change with thirty (30) days notice from us, applicable upon your next License Renewal. Such
changes will be posted to http://www.accusoft.com and may or may not be communicated to the
email on file with Accusoft.
13. Termination. This Agreement shall terminate immediately upon LICENSEE'S breach of any
provision of this Agreement. Upon any termination, LICENSEE shall have no license or other
rights whatsoever in or regarding the Program, shall immediately cease to use the Program, and
shall remove the Program from LICENSEE's and any other computers, and shall destroy all
copies of the Program. In the event of any termination for any reason all sections of this
Agreement survive except Paragraph 2.
14. Confidentiality. LICENSEE acknowledges that the Program contains Accusoft know-how,
confidential and trade secret information ("Proprietary Information"). LICENSEE agrees: (a) to
hold the Proprietary Information in the strictest confidence, (b) not to, other than as granted
herein, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report,
publish, disclose, cause to be disclosed, or otherwise transfer the Proprietary Information to any
third party, (c) not to make use of the Proprietary Information other than for Use of Program as
permitted by this Agreement and (d) to disclose the Proprietary Information only to LICENSEE's
representatives requiring such material for effective performance of this Agreement and who
have undertaken an obligation of confidentiality and limitation of use consistent with this
Agreement. This obligation shall continue as long as allowed under applicable law.
15. Injunctive Relief. LICENSEE agrees that any violation or threat of violation of this Agreement
will result in irreparable harm to Accusoft for which damages would be an inadequate remedy.
Therefore, in addition to its rights and remedies available at law (including but not limited to the
recovery of damages for breach of this Agreement), Accusoft shall be entitled to immediate
injunctive relief to prevent any violation of Accusoft's copyright, trademark, trade secret rights
regarding the Program, or any violation of this Agreement, including, but not limited to,
unauthorized use, copying, distribution or disclosure of or regarding the Program, as well as any
other equitable relief as the court may deem proper under the circumstances.
16. Attorneys' Fees and Costs. In the event of any lawsuit or other proceeding brought as a
result of any actual or alleged breach of this Agreement, to enforce any provisions of this
Agreement, or to enforce any intellectual property or other rights in or pertaining to the
Program, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and
costs, including the costs of any expert witnesses, incurred at all levels of proceedings.
17. Governing Law. This Agreement shall be construed, governed and enforced in accordance
with the laws of the State of Florida, without regard to any conflicts of laws rules. Any action
related to or arising out of this Agreement will be brought solely in the state court sitting
in Hillsborough County, Florida or in the federal courts in the Middle District of Florida, Tampa
Division, and LICENSEE consents to the exclusive jurisdiction and venue of said courts.
18. Severability. If any provision of this Agreement is determined to be invalid by any court of
final jurisdiction, then it shall be omitted and the remainder of the Agreement shall continue to
be binding and enforceable. In addition, the Court is hereby authorized to enforce any provision
of the Agreement that the Court otherwise deems unenforceable, to whatever lesser extent the
Court deems reasonable and appropriate, rather than invalidating the entire provision.
19. Entire Agreement. This Agreement represents the entire understanding of the parties
concerning the subject matter hereof and supersedes all prior communications and agreements,
whether oral or written, relating to the subject matter of this Agreement. Only a writing signed by
the parties may modify this Agreement. In the event of any modification in writing of this
Agreement, including an expanded Accusoft license agreement for Program, all unmodified,
non-conflicting sections of this Agreement survive.
20. Contact Us. Should you have any questions concerning this Agreement or if you desire to
contact Accusoft for any other question or reason, please contact Accusoft at 1-813-875-7575
or at info@accusoft.com.
21. Third Party Notices. See THIRD-PARTY.md in the Program download.
22. Agreement Version: 08/13/2021. Subject to change without notice, with the current version
always visible on our website.