Pricing
IMPORTANT-READ CAREFULLY: These Terms of Service （"Agreement"） are a legal agreement between You, or an entity you are acting on behalf of, and PDFasset
（hereinafter "PDFasset"). You may only use the Products and/or Services if You are (a) over 14 years old and (b) allowed by the applicable law to enter into a binding contract. These terms govern Your use of PDFasset including but not limited to PDFasset website (pdfasset.com) and web tools (the “Products” and/or “Services”). BY COPYING, ACCESSING OR USING ANY OF THESE PRODUCTS AND/OR SERVICES, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHTS TO THE PRODUCTS OR SERVICES AND SHOULD NOT COPY, ACCESS OR USE THE PRODUCTS OR SERVICES.
Account
You may be required to create an account to use the Products and/or Services. If You are entering into this Agreement on behalf of an entity (for example, as an employee or contractor) or, on behalf of yourself as an individual, You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. You are solely responsible for the security of your password and for any use of your account.
License Grant
PDFasset grants You access to use the Products and/or Services subject to the subscription term and other terms and conditions set forth here within. All rights not expressly granted to You are retained by PDFasset.
Documentation License
You shall access and use the Products and/or Services in accordance with the guides and manuals for use with the Products and/or Services. PDFasset grants to You a limited, non-exclusive, non-transferable, non-sublicensable right to use the any end-user documentation (including online, printed or other documentation) and any technical or legal requirements documents(“Documentation”) delivered by PDFasset for use with the Products and/or Services and to copy the Documentation solely for internal use, provided that all titles, trademarks, trade names, copyright, restricted rights and other proprietary notices are retained.
User License Grant
While using these Product and/or Services, You may be able to upload content to our servers. You retain all rights and ownership of Your content. PDFasset does not claim any ownership rights to Your content. However, PDFasset require certain licenses from
You to be able to deliver the services. When You upload content to the Services, You grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to host, use, reproduce, and publicly display, and distribute, the content as needed in response to user driven actions (such as when You choose to store privately or share your content with others) and for the purpose of operating and improving the Products and/or Services pursuant to and in accordance with the Agreement.
Consent to Use of Data
When using the Products and/or Services, You may choose to share some data
and PDFasset may process the data You provide as a part of any such support services related to the Products and/or Services. PDFasset will not process the data except as detailed in our Privacy Policy [Link: pdfasset.com/privacy]. Under the Privacy Policy [Link: pdfasset.com/privacy], some usage data may be shared with other users during the ordinary operation of the services. Usage data may also be used to
improve PDFasset eco-system services. Sharing usage data is required to use some functions.
Payment Terms
You agree Your subscription begins as soon as Your initial payment is processed.
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Monthly Subscription with Monthly Payment. You will be charged the then-current rate for Your subscription, plus applicable Taxes (as defined below), every month of Your annual subscription until you cancel. You authorize Foxit to store Your payment method(s) and to automatically charge Your payment every month plus applicable Taxes until You cancel.
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Yearly Subscription with Yearly Payment (requires 12 months commitment). You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable Taxes. You authorize Foxit to store Your payment method(s) and to automatically charge Your payment every year plus applicable Taxes until You cancel.
Automatically Renewal
Your subscription begins as soon as Your initial payment is processed. Your subscription will automatically renew monthly or annually without notice until You cancel in the continuous subscription. You authorize PDFasset to store Your payment method(s) and to automatically charge Your payment every month/annual plus applicable taxes until You cancel.
Refund Policy
You can cancel Your subscription anytime by contacting pdfasset@foxitsoftware.com. If You cancel within 7 days of Your initial order, You'll be fully refunded. By using the Products and/or Services, unless explicitly set forth in this Agreement, all fees and other
amounts due under this Agreement are non-refundable. If You use or access the Products and/or Services from a third party, the refund policy of such third party may prevail.
PDFasset Proprietary Rights
You acknowledge and agree that PDFasset, its licensors and suppliers will have all ownership of and all rights, titles and interests with respect to PDFasset, Documentation, the accompanying printed/published materials, and any copies of the Products and/or Services.
Trade Sanctions and Export Control Compliance
You agree to comply with all applicable foreign, federal, state and local laws and regulations governing Your use of the Products and/or Services. Without limiting the foregoing, You will comply with all applicable U.S. and non-U.S. economic sanctions and export control laws and regulations, including but not limited to the economic sanctions regulations implemented under statutory authority and/or Executive Orders and administered by the U.S. and other countries, for example, You shall not violate the U.S. Commerce Department's Export Administration Regulations (15 C.F.R. Part 730 et seq.). Otherwise, any license to You shall be automatically terminated immediately whenever You behave in violation of any representation or warranty mentioned above.
LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PDFASSET, ITS LICENSORS AND SUPPLIERS, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT AND/ OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PDFASSET, EVEN IF PDFASSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranty
THE PRODUCTS AND/ OR SERVICES ARE PROVIDED TO YOU "AS
IS". PDFASSET, AND PDFASSET’s LICENSORS AND SUPPLIERS, AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES, MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. PDFASSET, AND PDFASSET's LICENSORS AND SUPPLIERS, MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT THAT, ANY SUCH REPRESENTATION, WARRANTY CONDITION OR TERM MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
Limitation of Liability and Remedies.
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PDFasset, its licensors and suppliers, its resellers and their subsidiaries under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually received by PDFasset from You for the Product and/or Services. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Governing Law and Dispute Resolution
This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of laws known as conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Jose, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
No Assignment
You may not assign this Agreement or any right or interest hereunder, by operation of law or otherwise, without PDFasset’s express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
Severability
If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and may be replaced with other enforceable with the same essence and the other provisions of this Agreement will remain in full force and effect.
Notice
All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery services, by email, or by certified mail at own expense, and in each instance, will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering documents or invoice or to such other address as may be specified by either party to the other in accordance with this section.
Force Majeure
Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, or acts of God, etc.
No Waivers
The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Entire Agreement
This Agreement constitutes the entire and exclusive agreement between the parties concerning its subject matter and supersedes all prior written and oral understandings and agreements between the parties regarding its subject matter.
The terms and conditions contained in any customer purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by PDFasset and will be deemed null and of no effect,
Compliance
If You are a business, company or organization, You agree that upon request
from PDFasset or its authorized representative, You will within thirty (30) days fully document and certify that use of any and all PDFasset Products and/ or Services at the time of the request is in conformity with Your valid licenses from PDFasset.
End of Life
You acknowledge that PDFasset has the right to discontinue the manufacture and development of any Products and/ or Services support for that Products and/or Services in its sole discretion at any time, including the distribution of older product versions, provided that PDFasset agrees not to discontinue the support for that Products and/ or Services during the current annual term of any support agreement, subject to the termination provisions herein. PDFasset reserves the right to alter the support, in its sole discretion but in no event, shall such alterations result in: (a) diminished support from the level of support set forth herein; (b) materially diminished obligations for PDFasset; or
(c) Your materially diminished rights.
