• jPDFOptimizer

    jPDFOptimizer

    jPDFOptimizer

    Java library to optimize PDF documents and reduce PDF files size.

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jPDFOptimizer EULA

jPDFOptimizer License Agreement

In exchange for payment of Licensing Fees and upon delivery of a valid license key by Qoppa to Licensee, Qoppa grants to Licensee a non-assignable, non-transferable, and non-exclusive license to use the following software in object code and all updates and revisions thereof supplied by Qoppa during the term of this License Agreement (hereafter, “Licensed Software”):

jPDFOptimizer

In accordance with the following conditions:

  1. DEFINITIONS
    1. Host Application – A computer software application which has been or will be developed by Licensee and which incorporates portions of the Binary Code.
    2. Binary Code – The Licensed Software in compiled binary code form.
    3. Copy – The medium on which information is fixed on a temporary or permanent basis and from which it can be perceived, reproduced, used, or communicated, either directly or with the aid of a machine or device.
    4. Licensed Documentation – All documentation, other than the Licensed Software, related to the Licensed Software supplied by Qoppa hereunder, whether in printed or electronic form.
    5. Licensed Product – Collectively the Licensed Software and Licensed Documentation.
    6. Licensed Software (or Software) – Has the meaning set forth in the preamble above.
    7. Modification – Deleting code from, adding code to, or altering the code in the Licensed Software.
    8. Modify – To create or engage in creating a Modification.
    9. Non-exclusive License – A license that does not preclude the licensor from transferring to other licensees the same information, informational rights, or contractual rights within the same scope, including consignment of a Copy.
    10. Party – Refers to either Qoppa or Licensee.
    11. Parties – Refers to Qoppa and Licensee collectively.
    12. Product – A computer software product which has been or will be developed by Licensee and which incorporates portions of the Binary Code.
    13. Redistributable Files – Those files that include Binary Code and other files that need to be distributed along with Product necessary to implement the functions provided by the Licensed Software.
    14. Significant Value-Added – Where Licensee’s Product within which Licensed Software is integrated constitutes the predominance of the functionality offered to the Sublicensee.
    15. Source Code – The mnemonic, high-level statement versions of the Licensed Software written in the source language used by programmers.
    16. Sublicensee – Any person or entity to whom any Product is provided, without right to sublicense, assign, or otherwise transfer Product to any other person or entity.
    17. Website – A collection of web pages, images, videos and other digital assets hosted on a particular domain or subdomain and accessible using the HTTP protocol through the World Wide Web or a Local Area Network.
    18. Desktop License – A license to run the software on a machine accessible by a single user at a time.
    19. Server License – A license to run the software on a server computer that might be accessed by multiple remote client computers, allowing multiple invocations of the program to be run concurrently.
  2. GRANT OF LICENSE
    1. Limited Grant.
      1. Subject to the payment of the License Fees and the delivery of the license key to Licensee, Qoppa hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive and non-transferable license for the limited use of the Licensed Software, and the Licensed Documentation in support of the use of the Licensed Software, during the term hereof and only in accordance with all the terms of this License Agreement.
      2. Licensee may integrate or link the Licensed Software to the Application to run on a number of servers with a combined number of CPU cores not to exceed the number of CPU core licenses purchased from Qoppa.
      3. Licensee may reproduce the Licensed Software in Binary Code form only; but all Copies of the Licensed Software, in whole or in part, shall contain all of Qoppa’s restrictive and proprietary notices as they appear on the Copies of Licensed Software provided by Qoppa.
      4. Upon any termination, cancellation or expiration hereof or of any license or sublicense granted hereunder, Licensee shall remove the Licensed Software and all copies and portions thereof from the Application and from any other systems, computers, development environments, or any other media, and shall have no right thereafter to use the Licensed Software or any portion thereof.
    2. Limitations on SaaS / Third Parties. The Licensed Software may not be integrated into an Application, Website or SaaS system, that primarily provides document functions, by intent or in practice, to third parties. The Licensed Software is for the exclusive use of Licensee and its affiliates.Upon request from Qoppa, Licensee will provide a detailed description of the functionality of the Application and the manner in which it will deploy and use the Licensed Software. Qoppa will decide, in its sole discretion, whether the Application complies with this clause, to decide whether to grant or revoke this license.
    3. Non-Compete. The Licensed Software may not be integrated into an Application, Website or system that primarily provides PDF functions, a generalized standalone PDF viewer and / or PDF editor or that provides primarily PDF functionality.  The Significant Value-Added must include functional integration into a Host Application that provides significant functionality other than PDF viewing, markup and editing.Upon request, Licensee will provide a detailed description of the functionality of the Host Application and the manner in which it will use the Licensed Software to work with PDF documents to Qoppa.  Qoppa will decide, in its sole discretion, whether the Host Application complies with this Non-Compete clause, to decide whether to grant or revoke this license.
  1. UPGRADES AND SUPPORT SERVICES
    1. During the term of this agreement, Qoppa will provide support services for the Licensed Software as follows:
      1. Provide email and phone technical support to Licensee regarding the Licensed Software and integration of the Licensed Software into the Host Application, including troubleshooting the integration of the Licensed Software into the Host Application. Qoppa will provide support services during its regular business hours, 9 AM to 5 PM US Eastern Standard Time through its standard support email address and phone numbers as posted on Qoppa’s website.
      2. Fix any defects within the Licensed Software in an expedient manner and deliver such fixes to Licensee as soon as they are created. When requested by Licensee, Qoppa will generate a build of the Licensed Software, based on its current official release, which fixes the issue.
      3. Any fixes done to the Licensed Software as part of the support services will be included in the next official release of the Licensed Software.
      4. To the best of its ability, Qoppa will perform adequate regression testing of new versions of the Licensed Software so that future versions of the Licensed Software will not negatively affect or impair the functionality and use of the Licensed Software.
      5. Licensee may choose to upgrade the version of the Licensed Software integrated into the Host Application to the currently released version at any time, free of any charges, provided Licensee is not in breach of this License Agreement.
  1. PROPRIETARY RIGHTS AND CONFIDENTIALITY
    1. Trade Secrecy. Licensee agrees that the Licensed Software contains commercially valuable proprietary products of Qoppa which have been secretly developed by Qoppa, the design and development of which have involved expenditure of substantial amounts of money and the use of skilled development experts over substantial periods of time. The Licensed Software, Products and any portions or Copies thereof shall at all times remain the exclusive property of Qoppa and Licensee shall have no right, title or interest therein, except for the License expressly granted in this agreement.
    2. Confidentiality. Licensee agrees that the Licensed Software contains confidential information of Qoppa and agrees not to disclose or make available the Licensed Software or any portion thereof to third parties, other than to Sublicensees as provided herein, without Qoppa’s prior written consent. Licensee also agrees not to Copy, translate, Modify, create derivative works from, reverse engineer, decompile, encumber, or otherwise use the Licensed Software or permit others to do any of the foregoing, except as specifically authorized under this Agreement.
    3. Copyright. All title and copyrights in and to the Licensed Software (including but not limited to any images, photographs, animations, video, audio, music, text, or any other digital content incorporated into the Licensed Software), the Licensed Documentation, the accompanying printed materials, and any copies of the Licensed Software are owned by QoppaThe Licensed Software and Licensed Documentation are protected by copyright and intellectual property laws and international treaty provisions. Therefore, you must treat the Licensed Software like any other copyrighted material.
  2. LICENSING FEES
    1. Qoppa and Licensee will establish mutually agreed upon Licensing Fees and payment terms prior to the execution of this License Agreement. Such Licensing Fees and Payment Terms shall be incorporated as an addendum to this License Agreement.  Licensing Fees may increase on a year to year basis, as determined by Qoppa in its sole discretion, provided however that the cost may not increase by more than 6% from the previous year’s cost.
    2. This License Agreement is contingent upon payment of the Licensing Fees according to the Payment Terms mutually agreed upon by Qoppa and Licensee. Failure to make payment for Licensing Fees according to the Payment Terms shall constitute a breach of this agreement and Qoppa, at its sole discretion, may choose to exercise any or all of the following actions:
      1. Assess late payment penalties and late payment fees. Such penalties and fees shall become additional Licensing Fees for the purposes of this License Agreement, and payment of such penalties and fees is mandatory under this License Agreement.
      2. Engage collections services, initiate legal proceedings, or perform any other procedures to procure payment. Any costs associated with collections activity shall be the responsibility of Licensee and shall become Additional Licensing Fees for the purpose of this License Agreement.  Payment of such costs is mandatory under this License Agreement.
      3. Terminate this License Agreement due to breach. Upon termination, in addition to Licensee’s responsibilities under Section 6 of this agreement, all Licensing Fees, late penalties, late fees, collections cost and any other amounts due by Licensee to Qoppa shall remain due and Licensee agrees to make prompt and full payment of such amounts.
  3. TERM AND TERMINATION
    1. Term. This Agreement shall be effective from date of the purchase of the license by Licensee and shall remain in force until terminated as provided herein.
    2. Termination by Licensee. Licensee may terminate this agreement by giving thirty (30) days written notice to Qoppa, the date of termination shall be the date of the notice plus the thirty (30) days advance notice required.  All Licensing Fees or any other amounts due before the termination date shall remain due and Licensee agrees to make prompt and full payment of such fees.
    3. Termination due to Breach. Either Party may terminate this Agreement in the event of a material breach that remains uncured for thirty (30) days after written notice is given.  All Licensing Fees or any other amounts due before the termination date shall remain due and Licensee agrees to make prompt and full payment of such fees.
    4. Effect of Termination. Upon termination of the License for any reason by either Party, Licensee shall promptly, and at its own expense:
      1. Discontinue all use of Licensed Software;
      2. Remove all parts of the Licensed Software from the Host Application;
      3. Update all deployments of the Host Application with the new version of the Host Application that does not contain the Licensed Software;
      4. Purge the Licensed Software or cause it to be purged from all human and machine-readable media (or other memory devices);
      5. Return to Qoppa the original and all Copies of the Licensed Software in whole or in part, in any form, whether partial or complete, and whether or not Modified or merged into other software; and
      6. Warrant to Qoppa in writing, within one month of termination, that it has complied with all provisions of this Section.
  1. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITIES
    1. Disclaimer of Warranty. THE LICENSED SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND QOPPA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE, OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH ANY OTHER LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
    2. Limitation of Liability. LICENSEE AGREES THAT IN NO EVENT SHALL QOPPA BE LIABLE TO LICENSEE OR ANY OTHER PERSON CLAIMING DAMAGES AS A RESULT OF THE USE OF ANY PRODUCT OR LICENSED SOFTWARE FOR ANY DAMAGES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE AGREES THAT QOPPA’S LIABILITY FOR DAMAGES, IF ANY, INCLUDING, BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, AND STRICT LIABILITY IN TORT SHALL NOT EXCEED THE CHARGES PAID BY LICENSEE TO QOPPA UNDER THIS AGREEMENT.
    3. Incidental and Consequential Damages. IN NO EVENT SHALL QOPPA BE LIABLE TO LICENSEE, SUBLICENSEE OR OTHER THIRD PARTY FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ALLEGED OR THE FORSEEABILITY OF SUCH DAMAGES, EVEN IF QOPPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. EXPORT RESTRICTIONS
    1. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE, APPLICATION SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE OR APPLICATION SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSEE AND SUBLICENSEES MAY NOT EXPORT, REEXPORT, DIRECTLY OR INDIRECTLY, ANY SOFTWARE OR APPLICATION SOFTWARE OR INFORMATION PERTAINING THERETO TO ANY COUNTRY FOR WHICH THE UNITED STATES GOVERNMENT, OR ANY AGENCY THEREOF, REQUIRES AN EXPORT LICENSE OR OTHER GOVERNMENTAL APPROVAL AT THE TIME OF EXPORT OR REEXPORT WITHOUT FIRST OBTAINING THE REQUIRED LICENSE OR APPROVAL. LICENSEE HOLDS QOPPA HARMLESS FROM ANY BREACH OF SECTION 8.
  3. INDEMNIFICATION
    1. Indemnification Licensee shall indemnify, defend and hold harmless Qoppa, its affiliates and each of their respective directors, officers, employees, agents, successors and permitted assigns from and against all actions, suits, losses, liabilities, damages, costs and expenses, including reasonable attorney and expert witness fees, arising from or which are in any way related to: (i) any act or omission of Licensee or its employees, agents or contractors, (ii) any breach of this Agreement; or (iii) any claim that the Host Application infringes a copyright, United States patent, trade secret, or other intellectual property rights of a third party.
  4. VERIFICATION
    1. Qoppa shall have the right, upon reasonable written notice to Licensee, to request information and such documents as it may reasonably require, for the exclusive purpose of verifying Licensee’s compliance with its Software licensing obligations under this Agreement.
  5. ADOBE COLOR PROFILES
    1. Where the distribution of the Licensed Software contains some files, hereby referred to collectively as Adobe Color Profiles, that are owned by Adobe Systems Incorporated. Licensee may choose to install and use these files, royalty free, along with the Product and the Licensed Software only in accordance with the following conditions:
      1. Licensee agrees that these files are provided on an “AS IS” basis. Adobe and / or Qoppa make no representation as to the adequacy of the Licensed Software for any particular purpose or to reproduce any particular result. Adobe and / or Qoppa shall not be liable for loss or damage arising from the distribution or use of the Adobe Color Profiles.
      2. In no event shall Adobe and / or Qoppa be liable to Licensee or Licensee’s customers for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an Adobe or Qoppa representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
    2. The Adobe Color Profiles in this distribution can also be obtained from Adobe Systems Incorporated by going to its website at www.adobe.com.
  1. GENERAL
    1. Entire Agreement and Amendment. Agreement is a binding agreement and constitutes the complete, final and exclusive statement of the terms of the agreement between the parties with respect to the subject matter thereof and supersedes any and all other agreements, written or oral, or contemporaneous, with respect thereto. This Agreement cannot be modified except by a written instrument signed by both parties.
    2. Severability. If any provision of this Agreement or the application thereof to any circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
    3. Waiver. A waiver of a breach or default under this Agreement shall not be a waiver of any other or subsequent breach or default. The failure or delay in enforcing compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless such term or condition is expressly waived in writing.
    4. Assignment. This Agreement shall not be assignable by Licensee except upon Qoppa’s prior written consent and any attempt by Licensee to transfer or assign this Agreement or any of its rights, duties or obligations under this Agreement without such consent is void. This Agreement shall be binding upon the Parties and inure to the benefit of the Parties, their respective successors and permitted assigns.
    5. Representation. Each Party represents that it has full power and authority to enter into and perform this Agreement, and that the person signing this Agreement on its behalf has been duly authorized and empowered to execute this Agreement. Licensee represents that its compliance with the terms and conditions of this Agreement shall not violate any federal, state or local laws, regulations or ordinances or conflict with any third party agreements.
    6. Agency. The Parties are separate and independent legal entities. Nothing in this Agreement shall constitute a partnership or make either Party the agent or representative of the other. Neither Party has the authority to bind the other nor to incur any liability on behalf of the other, nor to direct the employees of the other.
    7. Government use. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in FAR 52.227-19, DFARS 227.7202, or similar regulations set forth in the NASA FAR Supplement, as applicable, or any successor regulations. Contractor/Manufacturer is Qoppa Software, LLC, 675 Seminole Ave, Suite 102, Atlanta, GA 30307.
    8. Injunctive Relief. Licensee acknowledges that Qoppa shall be entitled to equitable relief including an injunction restraining Licensee from the performance of acts which constitute a breach of this Agreement.
    9. Notices. Any notice or other communication given by one Party to the other Party under this Agreement will be deemed properly made if given in writing and delivered in person, sent via facsimile or overnight courier or mailed, properly addressed and stamped with the required postage, to Qoppa at the following address:
       
      Qoppa Software, LLC
      Attn: Licensing
      2099 Monroe Dr, Suite 200
      Atlanta, GA 30324
       
      and to Licensee at an address provided by Licensee to Qoppa during the purchasing process or by email at the contact email address provided by Licensee to Qoppa.
    10. Governing Law. This Agreement shall be governed by laws of the state of Georgia, except for its provisions on conflicts of law. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought in the Superior Court of Fulton County, Georgia and irrevocably waive, to the fullest extent permitted by law, any objection either Party may now or hereafter have to the laying of venue in such court and any claim that any such court is an inconvenient forum.
    11. Survival. Notwithstanding the termination of this Agreement, those rights and obligations which by their nature and context are intended to survive such termination shall survive, including, without limitation, the provisions relating to confidentiality, limitations of liability, warranty exclusions, indemnification, and the making of all payments due under this Agreement.
    12. Contract Interpretation. This Agreement shall not be strictly construed against the drafter but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the parties’ intentions at the time this Agreement is entered into.