Aspose Pty Ltd
Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

Date Revised: 16th May 2024

End User License Agreement
IMPORTANT: READ CAREFULLY: This Aspose End User License Agreement ("Agreement") is a legal
agreement between You and Aspose for the materials accompanying this Agreement, which may include
computer software, printed materials, and “online” or electronic documentation and resource files, project andsolution files for Aspose Products. The Product is licensed, not sold.
BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THISAGREEMENT, DO NOT INSTALL, DOWNLOAD, COPY OR USE THE PRODUCT.
1.

DEFINITIONS.

1.1.

“API” or “Application Programming Interface” means a publicly accessible interface defining theways by which an application program may request services from libraries and/or software.

1.2.

“Aspose” or “Company” means Aspose Pty Ltd and its subsidiaries which includes the brands
Aspose, Conholdate and GroupDocs.

1.3.

“Commercial Deployment” means any distribution of End User Software by You to third-party end
users, either directly or through distribution channels. Each customer, either an individual or a single
entity, of Your End User Software counts as one (1) Commercial Deployment.

1.4.

“Confidential Information” is any information marked as confidential. Confidential Information does
not include information: (a) which is publicly known; (b) which is disclosed to the other party without
restriction by a third party and without any breach of confidentiality by the third party; or (c) which isdeveloped independently by the other party without reliance on any of the discloser’s Confidential
Information.

1.5.

“Developer” means one of Your employees or third-party consultants authorized to develop End User
Software specifically for You using the Product in accordance with this Agreement. For the avoidanceof doubt, the term Developer may include report authors or administrators when referring to Reporting
Products.

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Aspose Pty Ltd
Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

1.6.

“End User Software” means an end user program which You develop using an Aspose Product andinto which one or more of the Redistributables are linked, and which contains significant additional
functionality over and above the functionality contained in the Aspose Product.

1.7.

“Enhanced Support” means any paid support package, including Developer Support, BusinessSupport, and Enterprise Support.

1.8.

“Evaluation Version” means use of the Product without a License File. An Evaluation Version is afully functional version of the Product except the results produced will include an Aspose watermark ora feature limitation, specified by the Product documentation.

1.9.

“License File” means an electronic file which enables the Product to operate without evaluation
restrictions. The License File is generated by Aspose when the Product is purchased and is provided toYou. The License File contains information about You, the Product, and the license grant.

1.10.

“Maintenance Subscription” means paid access to Product Updates and fixes.

1.11.

“Metered Products” means Products licensed under the titles ‘Metered Small Business License’, and‘Metered OEM License’.

1.12.

“Metered Fee” means a monthly fee that Aspose will charge You for the use of Metered Products.
The Metered Fee shall be calculated based on Your usage of the Metered Product for the prior thirty(30) days period.

1.13.

“Physical Location” means any distinct physical address. For example, each store and/or office within
a company with a unique address is classed as a separate physical location.

1.14.

“Product” or “Aspose Product” means the software development products licensed under thisAgreement.

1.15.

“Redistributables” means runtime libraries and files intended for duplication and distribution with the
End User Software.

1.16.

“Reporting Products” means all Aspose SharePoint, SQL Server Reporting Services (“SSRS”) andJasperReports Products.

1.17.

“SaaS” or “Software as a Service” means a model of software deployment whereby a provider
licenses an application to customers for use as a service on demand.
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Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

1.18.

“SDK” or “Software Development Kit” means a set of development tools that allows a software
engineer to create applications for a certain software package, software framework, hardware platform,
computer system, video game console, operating system, or similar platform.

1.19.

“SDK Products” means Products licensed under the titles ‘Developer SDK’, and ‘Site SDK’.

1.20.

“Temporary License File” means an electronic file which enables the Product to operate without
evaluation restrictions for a limited period of time. The Temporary License File is generated by Asposeand is provided to You. The Temporary License File contains information about You, the Product, andthe evaluation period.

1.21.

“Unmetered Products” means Products licensed under the titles ‘Developer Small Business License’,‘Developer OEM License’, ‘Site Small Business License’, ‘Site OEM License’, ‘Developer SDK’, and‘Site SDK’.

1.22.

“Unwrappable Products” means Products licensed under the titles ‘Developer Small Business
License’, ‘Developer OEM License’, ‘Site Small Business License’, and ‘Site OEM License’.
Unwrappable Products are subject to the Redistribution Restrictions defined in Section 3.1“Redistribution Restrictions for Unwrappable Products”.

1.23.

“Updates” means technical support, new version, new release, and/or supplements to the Productand/or related information.

1.24.

“You” or “Your” means the purchaser, either an individual or a single entity.

2.

GRANT OF LICENSE. Aspose grants You the rights described in this Agreement provided that You
comply with all the terms and conditions of this Agreement:

2.1.

General License Grant. Except for termination for cause, Aspose hereby grants to You anonexclusive, nontransferable, perpetual license to use any versions of the Product that wereaccessible during the term of this Agreement. Aspose grants use of the Product according to one of thelicense types below as identified in the Product title. Such use shall be in accordance with theprovisions of this Agreement, including the restrictions in Section 3 DESCRIPTION OF OTHERRIGHTS AND LIMITATIONS, which shall survive any termination of this Agreement. The means bywhich You shall have access to the Product shall be in a manner and form substantially equivalent to
the means by which access is provided under this Agreement.

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Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

2.2.

LICENSE DESCRIPTIONS

2.2.1. Developer Small Business License. A Developer Small Business license permits One (1) Developer
to create an unlimited number of End User Software using the Product which can be used at only One(1) Physical Location (distinct address or office building) within Your organization. This license typedoes not allow distribution of End User Software to third parties, public facing web sites/applications,
extranets, multi-site intranets or SaaS project usage scenarios.
2.2.2. Developer OEM License. A Developer OEM license permits One (1) Developer to create an unlimited
number of End User Software using the Product which can be used at an unlimited number of Physical
Locations (distinct address or office building) within or outside of Your organization. This license typeallows distribution of End User Software to third parties, public facing web sites/applications, extranets,
multi-site intranets, app stores or SaaS project usage scenarios.
2.2.3. Site Small Business License. A Site Small Business license permits up to Ten (10) Developers tocreate an unlimited number of End User Software using the Product which can be used at Ten (10)Physical Locations (distinct address or office building) within Your organization. This license type does
not allow distribution of End User Software to third parties, public facing web sites/applications,
extranets or SaaS project usage scenarios. It can support multi-site intranet usage subject to therestrictions on Developers and Physical Location numbers.
2.2.4. Site OEM License. A Site OEM license permits up to Ten (10) Developers to create an unlimited
number of End User Software using the Product which can be used at an unlimited number of Physical
Locations (distinct address or office building) within or outside of Your organization. This license typeallows distribution of End User Software to third parties, public facing web sites/applications, extranets,
multi-site intranets, app stores or SaaS project usage scenarios.
2.2.5. Metered Small Business License. A Metered Small Business license permits an unlimited number ofDevelopers to create an unlimited number of End User Software using the Product which can be usedat One (1) Physical Location (distinct address or office building) within Your organization. This license
type does not allow distribution of End User Software to third parties, public facing websites/applications, extranets or SaaS project usage scenarios; it may only be used for internal
applications, intranets or private cloud servers.
2.2.6. Metered OEM License. A Metered OEM license permits an unlimited number of Developers to create
an unlimited number of End User Software using the Product which can be used at an unlimited
number of Physical Locations (distinct address or office building) within or outside of Your organization.

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Aspose Pty Ltd
Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

This license type allows distribution of End User Software to third parties, public facing websites/applications, extranets, multi-site intranets, app stores or SaaS project usage scenarios.
2.2.7. Developer SDK. A Developer SDK license permits One (1) Developer to create an unlimited number
of End User Software using the Product which can be distributed to fifty (50) Commercial Deployments(distinct customers). This license type allows distribution of End User Software to third parties, public
facing web sites/applications, extranets, multi-site intranets, app stores or SaaS project usage
scenarios.
2.2.8. Site SDK. A Site SDK license permits up to Ten (10) Developers to create an unlimited number of End
User Software using the Product which can be distributed to two hundred fifty (250) Commercial
Deployments (distinct customers). This license type allows distribution of End User Software to third
parties, public facing web sites/applications, extranets, multi-site intranets, app stores or SaaS projectusage scenarios.
2.3.

Evaluation Versions and Temporary Licenses. When using an Evaluation Version or a Temporary
License, You MAY NOT use the Product to produce any End User Software with the exception ofWorks produced exclusively for the purpose of Product evaluation. If You use the Product in any other
End User Software, You must purchase the applicable license or You may be sued for collection andpunitive damages. If You do not agree to these terms, then do not evaluate the Product and remove itfrom Your computer immediately. Temporary licenses are limited to three (3), thirty (30) day licenses
per customer per twelve (12) month period.

2.4.

Documentation. You may make any number of copies of the electronic and other documentation
provided with the Product or downloaded from the Aspose website, provided that all copies must be
used only for internal purposes and may not be republished or distributed externally.

2.5.

No Disassembly. You may not reverse engineer, decompile, disassemble, create derivative works orin any other way try to gain access to information regarding the construction of the Product(s).

2.6.

No Transfer. You may not rent, lease, lend, sub-license, sell, assign, transfer or pledge the Product ina standalone fashion or this Agreement, on a temporary or permanent basis, unless you first receive
written permission from Aspose.

2.7.

Reservation of Rights. Aspose reserves all rights not expressly granted herein.

3.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

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Aspose Pty Ltd
Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

3.1.

Redistribution Restrictions for Unwrappable Products

3.1.1. Unwrappable Products may not be distributed in any form that allows the Product to be reused by any
application other than Your End User Software.
3.1.2. Unwrappable Products may not be included as part of an SDK.
3.1.3. Unwrappable Products may not be used to develop End User Software that offer similar or competing
functionality as the Product or expose features of the Product through an API for use by an unlicensed
third party.
3.1.4. Unwrappable Products may not be used to develop End User Software that offer similar functionality as
the Product for any programming language, development framework or platform, including but notlimited to .NET, Java, C++, Python, PHP, Ruby on Rails, node.js, SQL Reporting Services,
JasperReports, SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services (“AWS”),
SalesForce.com, Google App Engine, Google Compute Engine or any other PaaS (Platform as aService) or IaaS (Infrastructure as a Service) providers.
3.2.

Redistribution Restrictions for SDK Products

3.2.1. Users of Your End User Software must not access the Product directly. Any functionality from theProduct must be accessed through Your End User Software.
3.2.2. End User Software may not copy or use the API structure of the Product. End User Software musthave a unique API structure and offer functionality beyond what is utilized from the Product.
3.3.

Redistribution Restrictions for all Products

3.3.1. Your License File must be protected to ensure no unauthorized access or unintended distribution ispossible. For guidance on how to protect the License File, log into Your Aspose account and visit this
URL: http://www.aspose.com/purchase/protectlicense.aspx
3.3.2. Aspose will not provide support for End User Software, Aspose will only provide support for the
Product.
3.3.3. End User Software may not use any of the brands of the Company in their naming nor may any of thebrands of the Company appear in their name, without prior written permission from Aspose.

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Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

3.3.4. The name "Aspose" must not be used to endorse or promote End User Software without prior written
permission. For written permission, please contact sales@aspose.com.
3.4.

Metered Product Abuse. If Aspose detects attempts to circumvent, abuse, harm or improperly utilize
the Metered Product or licensing server, then Aspose may temporarily or permanently restrict, suspend,or disable your account’s access to the Metered Product or licensing server without notice. Aspose, in
its sole discretion, will determine abuse or improper usage.

3.5.

Term. The term of this Agreement shall continue perpetually from the date of purchase unlessterminated according to Section 3.6.

3.6.

Termination. Without prejudice to any other rights, either party may terminate this Agreement if the
opposite party fails to comply with the terms and conditions of this Agreement. In such event, You must
destroy all copies of the Product, including but not limited to backups and all component parts and End
User Software.

3.7.

Survival. Unless by its nature a provision cannot survive this Agreement, the provisions of thisAgreement shall survive the expiration or any termination of this Agreement.

3.8.

Consent to Use of Data. You agree that Aspose may collect and use technical information, excluding
any Confidential Information, gathered as part of the Product support services provided to You. Aspose
may use this information solely to improve our Products or to provide customized services ortechnologies to You. No information is collected by the Product; technical information must be provided
to Aspose by You through the support process.

4.

CONSIDERATION.

4.1.

Currency. All dollar amounts set forth in this Agreement are in U.S. currency.

4.2.

Consideration for Metered Products. For the rights and license granted in this Agreement, eachmonth Aspose will issue an invoice for the Metered Fee. You will pay the Metered Fee to Aspose
within thirty (30) days after receipt of the invoice. If the Metered Fee is not paid with thirty (30) days
after receipt of the invoice, then Aspose may terminate Your access to the Metered Product at theirdiscretion. All Metered Fees are nonrefundable unless otherwise explicitly stated in this Agreement.

4.3.

Consideration for Unmetered Products. For the rights and license granted in this Agreement, You
will pay Aspose the currently published price available at Aspose.com or another mutually agreed upon
amount to appear on a valid invoice.
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Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

4.3.1. Refund Policy. Aspose may, in its sole discretion, provide a refund for Unwrappable Products within
the first 15 days after payment is received. Refunds will be administered as described in the refund
policy available at https://purchase.aspose.com/policies/refunds.
4.4

Taxes. The license fees and any other amounts payable pursuant to the terms and conditions herein
are exclusive of any taxes or duties, now in force or enacted in the future, in the jurisdiction where thepayment is either made or received. To the extent that any such taxes or duties are payable by Aspose,
You must pay to Aspose the amount of such taxes or duties in addition to any fees owed under thisAgreement.

5.

MAINTENANCE, UPDATES AND DISCONTINUATION.

5.1.

Maintenance for Metered Products. A thirty (30) day Maintenance Subscription is included each time
the Metered Fee is paid. A Maintenance Subscription cannot be renewed if Your access to the producthas been terminated due to nonpayment of the Metered Fee.

5.2.

Maintenance for Unmetered Products. Initial purchase of an Unmetered Product includes a one-year
Maintenance Subscription. Thereafter, You may renew Your Maintenance Subscription annually. A
Maintenance Subscription entitles the purchaser to Updates of the Product and access to Product fixes
for a period of one (1) year (365 days).

5.3.

Updates. Aspose may, in its sole discretion, provide technical support and/or Updates to You
hereunder.

5.4.

Technical Support. Technical Support, whether free or through a paid Enhanced Support subscription
is provided with the following conditions:5.4.1. Technical support is provided only through Aspose Support Forums. You agree not to attempt to
bypass the Support Forums via phone, email, or other means.
5.4.2. Aspose does not guarantee that any fix will be provided in any given time period. Any estimatesprovided are estimates only and are not binding or enforceable.
5.4.3. Updates and fix notifications are posted in the Aspose Support Forum; they are not provided directly toYou. You agree to check the relevant Support Forum for Updates and fixes.
5.4.4. Aspose will provide support status updates when You request them.
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Australia

5.4.5. Aspose will typically provide support for the Product throughout the license subscription period whether
the Product has been migrated or not. However, Aspose reserves the right to cancel support, whether
provided for free or Enhanced Support for a fee, at any time and for any reason.
5.5.

Enhanced Support. Enhanced Support services will be provided substantially as described in thedescription of services available at http://www.aspose.com. In addition to the terms in Section 5.4, thefollowing shall apply:

5.5.1. Aspose shall use reasonable efforts to solve problems identified by You; however, Aspose does notwarrant that it will solve any particular problem in a given timescale, or at all.
5.5.2. Enhanced Support packages are subject to fair use policies as described on the Enhanced Support
product descriptions.
5.6.

Product Migrations. Aspose reserves the right to merge or split Products at any time, whether offeredindividually or as a part of a Product suite. If a Product which You own a current Maintenance
Subscription for is merged with another Product, then a license for the subsequent Product will bemade available to You at no additional fee. If a Product which You own a current Maintenance
Subscription for is split into separate Products, then a license for the subsequent Products will be madeavailable to You at no additional fee.

5.7.

Close of Business. If for any reason, including insolvency or dissolution, Aspose is unable to remain in
business under the Aspose name or another name they will provide the following remedy to eachlicense owner:

5.7.1. Aspose will make a reasonable effort to notify You at least thirty (30) days prior to close of business.
5.7.2. You will be provided with the option of purchasing source code for the Product for which You own
current Maintenance Subscription at a cost of no more than the cost of a single Site OEM license atthat time. Some proprietary portions of the source code may be provided in compiled form only.
6.

DELIVERY. The Product and any associated materials are provided in electronic format only. You areresponsible for downloading the Product from the Aspose website: http://www.aspose.com. Uponpurchase, Aspose shall deliver to You a License File which will enable the Product to function in thepurchased license capacity. Your License File must be protected in the manner described in Section
3.3.1. Previous versions of the Product will only be available for a twelve (12) month period from thedate of publishing; access to previous versions once removed will only be available to customers who
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Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

hold a current subscription for the Product. CUSTOMERS ARE ADVISED TO KEEP A BACKUP COPY
OF ANY DOWNLOADED PRODUCT FOR FUTURE USE.
7.

INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Product(including but not limited to any Aspose trademarks, copywritten images, demos, source code,
intermediate files, packages, photographs, Redistributables, animations, video, audio, music, text, and"applets" incorporated into the Product and any copies of the Product that You are expressly permitted
to make herein) and any derivative works are owned by Aspose or its suppliers. All rights not expressly
granted are reserved by Aspose.

8.

NONDISCLOSURE. Both Parties recognize that the other Party may obtain proprietary and/or
Confidential Information in the course of their business. Each Party agrees to protect each other’s
Confidential Information as follows:

8.1.

Time and Method. Both during the term of this Agreement and for a period of five (5) years aftertermination or expiration of this Agreement to hold each other’s Confidential Information in confidence
and to protect the disclosed Confidential Information by using the same degree of care to prevent theunauthorized use, dissemination or publication of the Confidential Information as they use to protect
their own confidential information of a like nature.

8.2.

Permitted Disclosure to Employees. Each Party agrees that it will only disclose Confidential
Information to its responsible employees, contractors, professional advisors and similarly situatedindividuals who have a bona fide need to know and who are bound by agreement or by law to keepsuch information confidential.

8.3.

Other Permitted Disclosures. Each Party may disclose Confidential Information (i) as authorized by
the other Party in writing or (ii) to the extent required by applicable law, court, or government agency,
provided that the Party required to disclose Confidential Information promptly notifies the other Party
and cooperates with any efforts by the other Party, at the other Party’s expense, to limit such disclosure
by means of seeking a protective order or requesting confidential treatment. Other than thoseexpressly allowed under this Section 8 of the Agreement, no other disclosures of Confidential
Information are permitted.

9.

LINKS TO THIRD PARTY SITES. You may be linked to third party sites through the use of the Productdocumentation. The third party sites are not under the control of Aspose, and Aspose is not responsible
for the contents of any third party sites, any links contained in third party sites, or any changes or
updates to third party sites. Aspose is not responsible for webcasting or any other form of transmission
received from any third party sites. Aspose provides the links to third party sites to You only as a
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Australia

convenience, and the inclusion of any link does not imply an endorsement by Aspose of the third party
site.
10.

LIMITED WARRANTY AND DISCLAIMER.

10.1.

Except with respect to an Evaluation Version of the Product, Aspose warrants that, for a period of thirty(30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with arecommended hardware configuration, the Product will perform in substantial conformance with the
documentation supplied with the Product. This warranty applies only on initial Product purchases anddoes not apply to Maintenance Subscription renewals or Updates.

10.2.

ASPOSE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR
EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS
PROVIDED "AS IS".

10.3.

ASPOSE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS,WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASPOSE DOES NOTWARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUTINTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. ASPOSE SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

10.4.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL
SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY.

10.5.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASPOSE, ITS DEALERS,DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

11.

EXCLUSIVE REMEDY. Your exclusive remedy for breach of warranty is to return the Product to theplace You acquired it, with a copy of Your receipt and a description of the problem. If You report a
breach of warranty to Aspose no more than thirty (30) days from the date of purchase, then Aspose will
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substantially conforms to the documentation, or refund to You Your purchase price for the Product, at
its option. Aspose shall have no responsibility if the failure arises out of use of the Product with otherthan a recommended hardware configuration. THIS REMEDY IS THE SOLE AND EXCLUSIVEREMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITHRESPECT TO THE PRODUCT.
12.

LIMITATION OF LIABILITY. Except with regard to: (i) breach of confidentiality obligations; and (ii) any
costs associated with the defense chosen by Aspose pursuant to Section 13 INDEMNITY, and (iii)
settlement, to the infringed upon party, of an intellectual property right claim or moral right claim, liability
shall be limited as follows:

12.1.

NEITHER ASPOSE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FORANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT ORACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON
ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ASPOSE OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIALPURPOSE.

12.2.

ASPOSE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER
WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCHDAMAGE.

12.3.

THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIESAND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

12.4.

Force Majeure. Aspose is not liable hereunder by reasons of failure or delay in the performance of its
obligations hereunder on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires,flood, storm, explosions, earthquakes, acts of God, government action, labor conditions, or any othercause which is beyond its control.

13.

INDEMNITY. You agree to hold Aspose harmless against, and at Your expense handle and defend,
any claim and defend any third party suit brought against You based upon an allegation that any
software developed by You and included in End User Software produced using the Product constitutes

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an infringement of any international patent, or any copyright or other proprietary or intellectual property
right. You shall pay all damages and costs awarded in such suit.
Aspose will indemnify, defend and hold You, and/or Your and/or its affiliated and/or subsidiarycompanies harmless against any claims, legal actions, losses and other expenses arising out of or inconnection with any claims that the Product and/or related documentation infringes or violates any
intellectual property right of any third party ("Claim").
Aspose’s indemnity obligations are further conditioned upon You promptly notifying Aspose of theClaim and giving Aspose sole control of the defense and negotiations for its settlement or compromise.
If You become, or may become, prohibited from continued use of the Product by reason of an actual or
anticipated Claim, Aspose will use its reasonable efforts to do the following: (a) obtain for You the rightto use the Product, or (b) replace or modify such Product so that it is no longer subject to a Claim, but
performs the same functions in an equivalent manner.
In the event that Aspose determines, in its sole discretion, that neither (A) nor (B) is commerciallyreasonable, Aspose shall refund pro-rata unused license fees paid by You for the infringing Product.
14.

NO WAIVER. No action taken by either party pursuant to this Agreement, and no waiver by either
party, whether express or implied, of any provision or right in this Agreement or any breach thereof, andno failure of either party to exercise or enforce any of its rights under this Agreement, will constitute acontinuing waiver with respect to such provision or right or as a breach or waiver or any other provisionor right, whether or not similar.

15.

SEVERABILITY. If any covenant or provision of the Agreement is determined to be void or
unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted
from this Agreement and shall not effect or impair the enforceability or validity of any other covenant orprovision of this Agreement or any part thereof.

16.

GOVERNING LAW. This Agreement is made in the State of New South Wales, Australia and shall begoverned and interpreted according to the laws of New South Wales, Australia. Any lawsuit filed
regarding this Agreement shall be filed in New South Wales, Australia. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply to this Agreement.

17.

CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provided for the
purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect themeaning or scope of this Agreement.

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Aspose Pty Ltd
Suite 163, 79 Longueville Road
Lane Cove, NSW, 2066
Australia

18.

UPDATES. Aspose may make updates and changes to this license Agreement from time to time. Suchchanges will be posted on our website at http://www.aspose.com as well as distributed with theProduct. You are bound by the terms of the Agreement as it is posted or distributed at the most recent
time you install the Product or Updates. If You do not wish to be bound by the terms of this license
Agreement You should not install any Updates or additional Product(s).

19.

PUBLICITY. You grant Aspose the right to use Your name and logo in press releases, brochures, casestudies, marketing materials, the Aspose website and similar materials indicating that You are acustomer of Aspose.

20.

PAID CONSULTING. Paid consulting customers are subject to the Consulting Amendment in addition
to this Agreement.

21.

ENTIRE AGREEMENT. This Agreement is the entire agreement between You and Aspose relating to
the license of the Product and the support services (if any) You purchase hereunder and it supersedes
all prior or contemporaneous oral or written communications, proposals and representations withrespect to the Product or any other subject matter covered by this Agreement. This Agreement
includes and encompasses materials referenced herein from the Aspose.com website. To the extent
the terms of any Aspose policies or programs for support services conflict with the terms of thisAgreement, the terms of this Agreement shall control.
Important: Do not make changes to this agreement. If You are an Enterprise Support customer andwish to discuss any of the terms within this agreement, then please contact Aspose Sales for further
information.

www.aspose.com

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