Last amended date: August 19th
th
, 20201
3. RESTRICTIONS: I) TRACKER RESERVES ALL RIGHTS IN THE SOFTWARE NOT EXPRESSLY GRANTED TO YOU. II) EXCEPT AS PERMITTED IN
SECTION 2, YOU MAY NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE,
LEASE, LOAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE SOFTWARE, NOR PERMIT ANY
THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY NOT REMOVE FROM THE SOFTWARE, OR ALTER ANY OF THE TRADEMARKS,
TRADE NAMES, LOGO’S, PATENT OR COPYRIGHT NOTICES OR MARKINGS, OR ADD ANY OF THE FOREGOING TO THE SOFTWARE. IV) YOU
MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY ANY MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY
NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR TRANSLATE THIS SOFTWARE OR ANY PART THEREOF. VI) NO LICENSES ARE
GRANTED UNDER THIS LICENSE AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YOU BELIEVE YOU NEED ANY SUCH LICENSES YOU
MUST CONTACT ANY THIRD PARTIES YOURSELF DIRECTLY TO OBTAIN THEM.
We welcome all Magazine, Printed Publications. Software Download sites etc in facilitating the distribution of the FREE version of this software, freely
– provided no re-engineering occurs of the installer or components and no added charge is made for the distribution – other than any usual publishers
subscription or News stand fees etc, charged for their publication.
4. LIMITED WARRANTY: Tracker does not warrant that the functions contained in the Software will meet your requirement or that the operation of the
Software will be uninterrupted or error free (it is furnished ‘As Is’ and without warranty as to performance or results). Tracker warrants that the media that the
Software is supplied on will be free from defect for a period of thirty (30) days from the receipt of the Software or in the case of Electronic Supply that the
‘wrapper’ the Software is contained in, shall be complete and without defect on our end of the connection. We cannot warranty however that it will be
received in the same condition as the means of supply is beyond our absolute control. This Limited Warranty shall be void if failure of the Software to
conform to the Warranty has resulted from improper installation, misuse, testing, neglect, accident, fire or other hazard or any breach of this Agreement.
This warranty is limited to you and is not transferable. No Tracker Supplier, agent or employee is authorized to make any changes, modifications,
alterations, extensions or additions to this limited Warranty...
5. LIMITED REMEDIES: In the event of a breach of the foregoing limited warranty, you must return the software to tracker or the tracker authorised
distributor that provided you with the software, postage prepaid, before the expiration of the warranty period, with a copy of the invoice for the software.
Tracker’s entire liability shall and your exclusive remedy shall be, at tracker’s sole discretion, either to i) refund the license fee you paid and terminate this
agreement. or ii) provide a replacement copy of the software or any replacement being warranted for thirty (30) days.
6. NO OTHER WARRANTIES: Other than the foregoing limited warranty which is made solely by Tracker and not by any other Tracker supplier, this
software is licensed to you 'AS IS' without warranty of any kind. Tracker and its suppliers disclaim and reject all other warranties express or implied,
including without limitation the warranties of merchantability, fitness for a particular purpose, title and non-infringement of 3rd party rights. Some jurisdictions
do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you, in which case the duration of any implied warranties is sixty
(60) days from the date the software is received by you. This warranty gives you specific legal rights, you may have other legal rights which vary jurisdiction
to jurisdiction.
7. LIMITATION OF LIABILITY: Tracker's aggregate liability in connection with this agreement and the software, regardless of the form of action giving rise
to such liability (whether in Contract, Tort or otherwise), shall not exceed the License fees paid by you to Tracker under this agreement. No Tracker
Suppliers shall have any liability whatsoever under this agreement. Tracker and any of Tracker's suppliers shall not be liable for any indirect, exemplary,
special, consequential or incidental damages of any kind (including without limitation lost profits), even if Tracker or such supplier has been advised of the
possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability consequential or incidental damages so the above
limitation or exclusion may not apply to you. Tracker shall not be held liable for any claims of Third Parties relating to the software. The limited warranty,
limited remedies and limited liability provisions contained in this agreement are fundamental parts of the basis of Trackers bargain hereunder and Tracker
would not be able to provide the software to you absent of such limitations.
The only exception committed to by Tracker in relation to the above indemnification, is that in using any product created by Tracker to Create, View, Modify
or Print PDF files, Tracker indemnify the Licensee from any liability in regards to use of the PDF format and its products. The PDF format has always been
an open standard from its inception - originally designed and owned by Adobe Systems Inc, who formally relinquished control to the International Standards
Organization (ISO), which is now responsible for maintaining the specifications for the current version (1.x) and for updating and developing all future
versions. Further Tracker will at all times endeavour to ensure its products meet the PDF format as specified by the ISO committee and thus ensure
compatibility all other PDF compliant products from other manufactures.
8: FREE & TRIAL VERSIONS: Where the Software is provided free on a permanent, semi-permanent, limited use or trial basis all the terms relating to
licensing shall be identical, save that you accept there has been no financial gain on Tracker’s part and as such you use the Software without warranty or
guarantees of any kind. The risk is entirely yours and you acknowledge this. You agree to indemnify us against all claims by you or any third party for any
reason whatsoever. You accept that we have provided the Software for your sole benefit and have received no financial reward and as such cannot be
held responsible in any way and for any reason.
9. TERMINATION: You may terminate this Agreement at any time. This Agreement shall terminate automatically upon breach of any term of this
Agreement. Upon termination you shall destroy the Software and any backup copy you made pursuant to this Agreement.
10. GOVERNMENT END USERS: This paragraph applies only if you are a branch or agency of the U.S. government. The Software is comprised of
‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and is
provided to the Government I) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in C.F.R. 12.212 or II) for acquisition
by or on behalf of units of the Department of Defence, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (Jun 1995) and 227-7202-3(Jun 1995).
11. US GOVERNMENT ECCN CERTIFICATE: This Software has been tested & certified under by the Department of Commerce ECCN process, any
individual or Company interested in being provided with our ECCN certificate info should contact support@tracker-software.com for more detailed
information.
12. GENERAL: This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Canada or if agreed in preference by
both parties the United Kingdom may be substituted as the preferred legal jurisdiction for governance and interpretation. If any of the provisions of this
Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain
in full force and effect. This Agreement is the final, complete and exclusive Agreement between the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, and may not be
amended except by writing executed by both parties.
** For users of PDF-XChange Editor Plus/PDF-XChange PRO Suite – please also see the important additional licensing T&C’s attached below for
convenience, relevant to the PDF-XChange Enhanced OCR (EOCR) Plug-in and its use.