Page Technology Marketing, Inc.

SOFTWARE END USER LICENSE AGREEMENT

We recommend that you print this PCL Software End User License Agreement for further reference.

1. Introduction.

This Software End User License Agreement (the “Agreement”) becomes a binding contract between you and Page Technology Marketing, Inc (a) when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or download the Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 2 of the Agreement.

2. Definitions.

2.1 “Software” shall refer to certain proprietary computer software as defined in Exhibit A.

2.2 “Client Workstation Unit” shall refer to products that incorporate components of Software used on a PC workstation for viewing and/or printing PCL to printers only with no ability to convert to other file formats, including Adobe Portable Document Format (.PDF) or similar print-to-file drivers.

2.3 “Controlled Source Application” shall refer to any application product where the developer has control over the composition

2.4 “Batch Processing Unit” shall refer to any application or product that incorporates components of Software for use by many individual ClientWor kstation Units on a network at one site or any application or product that incorporates components of the Software for use in batch mode to convert, index, fax, email, compress, extract text or otherwise process PCL for use by other client workstations or remote users.

2.5 “General Purpose Utility“ shall refer to any product that incorporates Software used as a general purpose utility program to convert PCL files from any PCL generation source without first performing compatibility testing for viewing, printing or converting into other file formats.

2.6 “Service Bureau” shall refer to the use of the Software to convert, index, fax, email, compress, extract text or otherwise process PCL as a service
provided to third parties. If Licensor grants a Service Bureau Option, it will be provided in Exhibit B, Option A.

2.7 “Web Server” shall refer to the use of the Software running on a web server or in an off-line batch process in support of a web-based service to convert, index, fax, email, compress, extract text or otherwise process PCL. Web Server implementations are provided in Exhibit B, Option B and do not apply to Application Service Providers (ASP). ASP’s require a custom license.

2.8 “High Volume” shall refer to the use of the Software to convert, index, fax, email, compress, extract text or otherwise process PCL in excess of 50,000 pages per 30-day time interval. Licensee may elect to choose a High Volume Option, provided in Exhibit B – Option C-I, C-II or C-III.

2.9 “Disaster Recovery Unit” shall refer to any unit of Software licensed for use only in case of a mission-critical failure of the PC where the licensed “Batch Processing Unit” is used in a production environment. A “Disaster Recovery Unit” is not to be deployed in conjunction with the “Batch Processing Unit” production unit and is not to be used for load balancing.

2.10 “Development/Testing Unit” shall refer to any unit of Software licensed for use only for application development or testing. The “Development/Testing Unit” is not to be used to process files for production.

3. Rights Granted.

3.1 Licensor hereby grants to Licensee and Licensee hereby accepts a perpetual, worldwide, non-exclusive, non-transferable license to use and copy the Software, as defined in Exhibit A, for incorporation into the application product listed hereto in Exhibit C that Licensee may sell or distribute to third parties as per the quantity allowed for the license type selected in Exhibits A & B. Licensee may distribute the Software only in conjunction with Licensee’s application product listed in Exhibit C, and may not sell or transfer the Software, in whole or in part, by itself or in combination with products other than with Licensee’s own application program product.

3.2 The Software may not be distributed with or as part of, any freeware, shareware, public domain, non-royalty bearing or developer library product without the express written permission of Licensor. PageTech reserves distribution and usage rights not expressly granted.

3.3 Except as expressly authorized in this Agreement, Licensee may not: (i) disassemble, decompile, or otherwise reverse engineer the Software, or (ii) create derivative works based upon the Software, or (iii) rent, lease, sub-license, distribute, transfer, copy, reproduce, modify or timeshare the Software, or (iv) allow any third party to access or use the Software (including any deletion of code or addition of code to the Software).

3.4 Licensor retains all right, title and interest in and to all copyrights, trademarks, service marks, trade secrets, and other proprietary rights in the Software not specifically granted to Licensee herein. Licensee shall not sell or otherwise transfer the Software except as provided in Paragraph 3.1 hereof. Licensee shall maintain Licensor’s copyright notices in the same locations where it places its own copyright notices on and in its documentation or media.

4. Payment.

4.1 In consideration for the rights and license granted herein, and subject to the conditions set forth elsewhere in this Agreement, Licensee shall pay Licensor on sale or transfers, excluding demos and returns, of the Software as indicated in Exhibit A and B. If the Licensor and Licensee agree to modify the pricing, rights or any other aspect of this Agreement, a duly signed and executed Exhibit E will be attached to this Agreement.

4.2 The pricing in Exhibits A & B requires the prepayment of royalties. Licensee acknowledges that all rights to sell or transfer the Software are based on the non-refundable prepayment of royalties and that under no circumstances is the Software to be distributed, sold or transferred in advance of royalty prepayment without the express written consent of the Licensor.

4.3 Licensee shall keep accurate records covering all transactions relating to Software sales and transfers subject to Licensee’s security requirements. Licensor or Licensor’s designated agent, upon giving 30 days written notice, shall have the right to inspect these records during business hours at Licensee’s place of business up to twice annually.

5. Term and Termination.

5.1 This Agreement and the licenses granted hereunder shall commence upon receipt of the software or the execution hereof and continue until terminated in accordance with the terms of this paragraph. Licensee may terminate this Agreement by giving written notice of termination to Licensor. Termination shall become effective 30 days from the date that the notification of termination was mailed.

5.2 Either party shall have the right to terminate this Agreement in the event the other party commits a material breach of its obligations. Intent to
terminate shall be made by a written notice that sets forth the details of the breach and sent by certified mail to the breaching party. Termination shall become effective 30 days from the date that the notification of intent to terminate was mailed unless the breaching party has corrected the breach prior to the end of the 30-day period.

5.3 Notwithstanding termination of this Agreement, the following obligations and rights shall continue in full force:

  • 5.3.1 Licensee shall honor any remaining obligations under paragraph 4 of this Agreement titled “Payment”.
  • 5.3.2 Licensor will be relieved of all of its obligations pursuant to paragraph 6 herein: and
  • 5.3.3 The parties will continue to observe all of the rights and obligations set forth in paragraphs 7, 8, Exhibits and Addendum’s.

6. Software Maintenance and Support.

6.1 For the first ninety (90) days after date of payment for the Software, Licensor shall provide at no charge, fax/e-mail/telephone support services and software maintenance updates to Licensee. Licensee agrees to appoint one individual as the sole point of contact for all technical support inquiries.

6.2 Licensor shall make available to Licensee maintenance releases and corrections to Software, as they become available as part of the maintenance and support services mentioned in paragraph 6.1. Product support, updates, upgrades, if and as they become available, may be offered for a separate charge, but Licensor has no obligation to provide any such support, updates, or upgrades to the Software after the first 90 days unless Licensee has paid for
Annual Maintenance as per Exhibit D. Licensor retains the sole right to determine which features are included in its Software.

7. Warranty.

7.1 Licensor hereby represents and warrants that it has sufficient right, title, and interest in the Software to grant the rights granted herein.

7.2 Licensor further warrants that Software shall (1) be free from errors to the best of the Licensor’s knowledge, and (2) conform to the specifications documented in the Programmer’s Guides and Function Call Reference Manual.

7.3 Licensor’s liability to Licensee shall not exceed the amount paid by Licensee pursuant to this Agreement.

7.4 EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.5 Licensor requires the Licensee to test its PCL files and workflow with the free demonstration copy of the Software prior to purchase and prior to the completion of this Agreement and issuance of the permanent runcode. Completing the license agreement and receipt of the permanent runcode confirms the acceptance of the product and the finalization of the purchase transaction by the Licensee.

8. Miscellaneous.

8.1 The waiver of any breach of any covenants and conditions of this Agreement shall not hinder or otherwise prevent the subsequent enforcement of said rights.

8.2 Any assignment of this Agreement or any part thereof by either party, without written consent of the other, shall be null and void and of no effect. However, a successor of all interest of a party hereunder, by incorporation, merger, operation of law or assignment of or purchase of its entire business to which the Software relates, shall be required only to notify the other party that such has occurred.

8.3 This Agreement does not constitute either party as the legal representative of the other for any purpose whatsoever. Neither party is granted any expressed or implied right or authority by the other party to assume or create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party in any manner of thing whatsoever. This Agreement supersedes all previous letters, understandings, or verbal agreements between Licensor and Licensee, which relate to the Software.

8.4 Should any litigation arise between the parties relating to this Agreement, each party shall be responsible for its own costs and expenses including reasonable attorney fees.

8.5 Should the Software, or any part thereof, become, or in Licensor’s opinion be likely to become, the subject of a claim of infringement of a copyright or a
patent, or disclosure, misuse or misappropriation of trade secret, Licensor will procure for Licensee the right to continue use of the software, or will replace it or modify it to make it non-infringing.

8.6 The Software and accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Licensor.

8.7 Licensor agrees to allow Licensee unlimited royalty-free distribution of Software bundled units when Software is used for demonstration only with an expiration date or other protection from unauthorized use as to be determined by Licensor prior to distribution by Licensee. The licensee must provide Licensor with a copy of the demonstration product for approval by Licensor.

8.8 The laws of San Diego County, State of California for the purpose of venue and jurisdiction shall govern this Agreement. Notices under this Agreement shall be in writing. Notices shall be sent by registered or certified mail, return receipt requested, postage prepaid, properly addressed, to the respective parties at the following addresses:

Licensor

Page Technology Marketing, Inc.
315 South Coast Highway Suite U-261
Encinitas, CA 92024
Phone: (858) 732-1424
Email: info@pcl2any.com
Website: www.pcl2any.com

Licensee

Company Name in Order:
Address in Order:
Phone in Order:
Email in Order:
Website in Order:

Exhibits:

Exhibit A. Base Software Program Options, Usage Restrictions, Distribution Rights

All products are delivered electronically as downloads from our web site and all prices are net after all applicable tax and duty payments are made by Licensee. Base Software options are limited to applications processing up to 50,000 pages per 30-day interval. Additional batch Processing Unit Option are available and developers of commercial applications should contact Licensor for custom licensing and pricing if none of the available fit their application conversion requirements.

All program name references that follow are to only the 32-bit program names. However, Licensor will provide the 32-bit .NET versions if the Licensee selects the 32-bit/32-bit .NET platform. Licensor will provide the 64-bit .NET versions if the licensee selects the 64-bit/64-bit .NET platform.

Core Programs included with the SDK for developer use only and cannot be distributed to third parties or embedded in custom applications distributed to third parties: PCLTool.exe, PCLCodes.exe, FFViewer.exe, IMG2PCL.exe, IMG2XPS.exe and IMG2PDF.exe.

Core Programs included with the SDK that can be distributed to third parties: PCLFilter.exe, TNXDump.exe, WINFMove.exe and PCLSplit.exe.

Option I. Custom Programming Options – $925 or $995

A. Core Programs included with the SDK that can be embedded in a custom application: PTC32/64.DLL, PTV32/64.DLL, PDFWrite<64>.DLL, XPSWrite<64>.DLL, IMGCVT<64>.DLL and all .FF1 and .TTF Fonts.

Custom Programming Implementation Options (One option path needs to be selected):

( ) One Batch Processing Unit used in a Controlled Source Application to generate one of the following file formats:
( ) .PDF format using our PDFWrite.DLL and .XPS format using our XPSWrite.DLL.
( ) .BMP, .DIB, .DCX, .JPG, .PCX, .TIF, .PMF, .PNG, . XPS or .EMF (MS Base14 Fonts only) formats.

( ) One Hundred (100) Client Workstation Units used in a Controlled Source Application for Screen Viewing or Printing to hard copy printer devices ONLY. Licensee required to use PRNisPDF.DLL/.LIB to inhibit custom view/print only programs from being able to convert and/or print directly or indirectly to any PDF, TIFF, FAX, JPG, PNG, BMP or any other file format using any third party product. The latest version of PRNisPDF.DLL must be incorporating in Licensee’s product prior to distribution to any third party. The latest version of this program is located at: www.pcl2any.com/prnispdf/.

( ) Ten (10) Client Workstation Units used in a Controlled Source Application for Screen Viewing, Printing or Converting from ONLY a Graphical User Interface. Licensee agrees to inhibit any command line or console operation where a batch conversion or printing process can be performed. The only operation that can be invoked from a command line is to render the input file to the screen in View PCL mode like what is available in PCLTool.exe.

B. The following Programs and/or functionality are excluded from this Agreement and require a custom license:

  • API to the Direct Driver (PDFWRITE.DLL) for PDF output. [Full disclosure of application requirements is required]
  • Conversion to .EMF with other than the Windows BASE14 Typefaces or with full access to font substitution mapping.
  • API or data structure to our proprietary .TNX text extraction file format.

( ) Option II. PCL Viewing and/or Printing using PCLView or PCLPrint – $625 or $695

Pick one:
____ 100 PCLView units for single user desktops with 50k page/30-day limit
____ 100 PCLPrint units for single user desktops with 50k page/30-day limit
____ One PCLPrint Unit for a server with unlimited page volume to print hard copy

Up to 100 Client Workstation Units or one server-based unit used in a Controlled Source Application for Viewing or Printing ONLY with no conversions to other formats, text extraction, indexing or printing to file through FAX, PDF or other drivers. Licensee required to use PRNisPDF.DLL/.LIB to inhibit custom view/print only programs from being able to convert and/or print directly or indirectly to any PDF, TIFF, FAX, JPG, PNG, BMP or any other file format using any third party product. The latest version of PRNisPDF.DLL must be incorporating in Licensee’s product prior to distribution to any third party. The latest version of this program is located at http://www.pcl2any.com/prnispdf.php.

PCLView.EXE: View/Print client workstation PC program that cannot be used for converting PCL to any file format.
PCLPrint.EXE: Batch printing program that cannot be used for converting PCL to any file format.

( ) Option III. PCL to Raster/Vector PDF and XPS Only Conversion (one Batch Processing Unit): – $425 or $495
PCLXForm.EXE Batch conversion program used in a Controlled Source Application to raster or vector PDF format only.

( ) Option IV. PCL to Raster/Vector (no PDF) Conversion (one Batch Processing Unit): – $425 or $495 PCLXForm.EXE Batch conversion program used in a Controlled Source Application to raster & vector formats.

( ) Option V. PCL to Raster/Vector/PDF Conversion via Script Program (one Batch Processing Unit): $625 or $695

PCLXForm.EXE Batch conversion program used in a Controlled Source Application for transformations of
all supported formats. Includes one free Transformation Parameter Table (.TPT) script for a custom transformation and indexing developed by Licensee. Licensee can write the script logic to work with unlimited print streams. All .TPT scripts require a Keycode to be generated by the Licensor. Additional Keycodes are $150.

( ) Option VI. Service Bureau Bundle: Unlimited page volume PCL to Raster/Vector/PDF Conversions via unlimited Script Programs (Batch Processing Unit, Disaster Recovery Unit and Development/Texting Unit): – $5,000

PCLXForm.EXE or PCLXForm64.exe Batch conversion program used for transformations of all supported formats.
Includes: Unlimited custom PCLXForm (.TPT) scripts for streamediting, transformation and indexing applications developed by
Licensee. Licensee can write scripts to work with unlimited print streams. No Keycodes are required for .tpt scripts.

Exhibit B. Extensive Usage Licensing Options

The following Extensive Usage Licensing Options are included in PCLTool SDK options applications that require support for high volumes of PCL, transforming PCL for unlimited third parties and other applications that require a greater degree of support or where our product is used as part of a service to third parties.

Exhibit C. Licensee Application Product (Mandatory for Custom License Agreements)

Provide the company name and location where the Software will reside and Licensee’s application program name and application category that will incorporate Software:

Company Name / City / State: 

Program Name:

Software Application Category:

Exhibit D. Annual Maintenance Upgrade Program and Pricing (Optional, but Recommended)

Annual Maintenance provides all the latest product updates, upgrades and reduced engineering hourly rate for an annual fee. Annual fees are based on Exhibit A Options checked below above and, if applicable, any Exhibit B options selected above.

(  ) Exhibit A – Options III or IV $ 150
(  ) Exhibit A – Options II or V $ 200
(  ) Exhibit A – Option I $ 300
(  ) Exhibit A any Option, plus Exhibit B – Level I (50-150k pgs. per 30-day interval) $ 400
(  ) Exhibit A any Option, plus Exhibit B – Level II (150-300k pgs. per 30-day interval) $ 800
(  ) Exhibit A any Option, plus Exhibit B – Level III (unlimited) or any OEM or custom Licensees $ 1,200
(  ) Exhibit A – Option VI (for Unlimited pages/scripts – Production, Disaster Recovery & Testing Units) $ 1,200

Note: If the annual maintenance is not purchased within 90 days of purchase or the annual maintenance has lapsed more than 30 days, payment of double the above amounts is required to be reinstated in the program.

Exhibit E. Addendum for Linux/Unix Versions (LIC190-Linux.pdf)

The Windows version of the PCLTool SDK with unlimited pages for up to 2,000 pages in any one PCL print stream is provided to all purchasers of the Linux/Unix versions of our product. We do this because the GUI tools included in our Windows version are much easier to work with when:

  • Learning how to use our product
  • Using our help and documentation
  • Performing first level compatibility testing with your PCL
  • Writing custom PCLXForm .tpt script programs
  • Testing and Debugging .tpt script programs

After successfully testing your PCLXForm .tpt script(s) with the Windows product, you are then ready to migrate over to your Linux/Unix installation.

After successfully testing your PCLXForm .tpt script(s) with the Windows product, you are then ready to migrate over to your Linux/Unix installation.

You are required to complete and sign the “Addendum for Linux/Unix Versions” to this “PCLTool SDK – License Agreement” provided in a separate document (LIC190-Linux.pdf). If you purchasing the Linux/Unix product, you can skip over this document’s “Exhibit A – Options I through VI” and “Exhibit B” because they do not apply.

Exhibit F. Addendum for PCLWorks Program

1. Introduction. THIS AGREEMENT is entered into hereto, between PAGE TECHNOLOGY MARKETING, INC. (“PageTech”)(herein referred to as “Licensor”), and the “Licensee”.

2. Definitions.

2.1 “Software” shall refer to certain proprietary computer software known as PCLWorks Program as defined in Exhibit A.
2.2 “Client Workstation Unit” shall refer to products that incorporate components of Software used on an PC workstation for viewing and/or printing PCL to printers only with no ability to convert to other file formats, including Adobe Portable Document Format (.PDF) or similar print-to-file drivers.
2.3 “Page Volume Limited” shall refer to the use of the Software to convert, index, extract text or otherwise transform PCL is limited to 50,000 pages per 30-day time interval.

3. Rights Granted.

3.1 The Software may not be distributed with, or as part of, any freeware, shareware, public domain, non-royalty bearing or developer library product without the express written permission of Licensor. PageTech reserves distribution and usage rights not expressly granted.
3.2 Except as expressly authorized in this Agreement, Licensee may not: (i) disassemble, decompile, or otherwise reverse engineer the Software, or (ii) create derivative works based upon the Software, or (iii) rent, lease, sub-license, distribute, transfer, copy, reproduce, modify or timeshare the Software, or (iv) allow any third party to access or use the Software (including any deletion of code or addition of code to the Software).
3.3 Licensor retains all right, title and interest in and to all copyrights, trade marks, service marks, trade secrets and other proprietary rights in the Software not specifically granted to Licensee herein.

4. Payment.

4.1 Licensor’s web-based order processing system will not permit the purchase of this Software unless the Licensee provides “yes or “no” responses to both of the Licensor’s “I understand that the 30-Day Refund Policy only applies if I pre-test my PCL with the free SDK demo” and ”I have pre-tested my PCL with the PCLTool SDK Demo” prompts. Licensee’s unconditional acceptance of the Software is provided by a “yes” response to both questions or the order will not be processed.
4.2 Licensee agrees that once Licensor has provided the permanent runcode for the Software, that the sale is fully consummated, final and non-refundable.

5. Software Support.

For the first ninety (90) days after purchase of Software, Licensor shall provide at no charge, reasonable fax/e-mail/telephone support services and software maintenance updates to Licensee. Licensee agrees to appoint one individual as the sole point of contact for all technical support inquiries.

6. Warranty

6.1 Licensor’s liability to Licensee shall not exceed the amount paid by Licensee pursuant to this Agreement.
6.2 EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 Licensor requires the Licensee to test its PCL files and workflow with the free demonstration copy of the Software prior to purchase and prior to the completion of this Agreement and issuance of the permanent runcode. Completing the license agreement and receipt of the permanent runcode confirms the acceptance of the product and the finalization of the purchase transaction by the Licensee.

7. Miscellaneous.

7.1 The waiver of any breach of any covenants and conditions of this Agreement shall not hinder or otherwise prevent the subsequent enforcement of said rights.
7.2 Any assignment of this Agreement or any part thereof by either party, without written consent of the other, shall be null and void and of no effect.
7.3 Should any litigation arise between the parties relating to this Agreement, each party shall be responsible for its own costs and expenses including reasonable attorney fees.
7.4 Should the Software, or any part thereof, become, or in Licensor’s opinion be likely to become, the subject of a claim of infringement of a copyright or a patent, or disclosure, misuse or misappropriation of trade secret, Licensor will procure for Licensee the right to continue use of the Software, or will replace it or modify it to make it non-infringing.
7.5 The Software and accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Licensor.

MODIFICATIONS ARE AT THE DIRECTION OF THE LICENSOR

For custom PCLTool SDKLicense Agreement requests, please use the following pdf file: License Agreement (English, 92 kb)