END-USER LICENSE AGREEMENT FOR INVESTINTECH.COM INC. - Absolute PDF Server Version 3.0
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you(“You” or “Your”, either an individual or a single legal entity) and Investintech.com Inc. ("Investintech") for theInvestintech software product identified above, which includes computer software and associated media and printed
materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). Byclicking “I agree” or by downloading, installing, copying, or otherwise using all or any portion of the SOFTWAREPRODUCT, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not
download, install, copy or otherwise use the SOFTWARE. If you acquired the SOFTWARE on tangible media (e.g. CD)without an opportunity to review this license, you may promptly return the unused SOFTWARE PRODUCT to the placefrom which You obtained it within 30 days with proof of payment for a full refund.
SOFTWARE PRODUCT LICENSEThe SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
In this EULA, the following definitions apply:“Computer” means one central processing unit (“CPU”) that accepts information in digital or similar form and manipulates it
for a specific result based on a sequence of instructions.
“Network” means a local area network (LAN) owned by you, and includes Computers connected to the Network through avirtual private network (VPN).
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by
Investintech or agreed to in writing by Investintech.
“Server” means a Computer that delivers information and software to other Computers linked by a Network and that has
one or more CPUs, provided that when a Server has more than one CPU, each group of two (2) CPUs will be considered to
be a separate Server, as well as any remaining CPU. For example, a Server with five (5) CPUs will be deemed to be three(3) Servers (two with 2 CPUs and a third with 1 CPU).
“Use”, “Used” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of theSOFTWARE in accordance with the SOFTWARE documentation.
1.

GRANT OF LICENSE

This EULA is a non-exclusive and non-transferable license and grants You the following rights:
Systems Software - You may install one copy of the SOFTWARE PRODUCT on the Permitted Number of Servers.
You may permit an unlimited number of users, all of whom are Your employees or independent contractors acting underYour direction and control, to access and use the SOFTWARE from the Permitted Number of Servers, on a Computer in theNetwork. No user may access or use the Software from a Computer that is not part of your Network.
2.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Copying Restrictions - You may make a single copy of the SOFTWARE PRODUCT for backup and archival purposes.
Such copy shall include in readable format any and all proprietary and copyright notices contained on the original. Other
than as contained in this agreement You may not copy the SOFTWARE PRODUCT, including any documentation. Allsuch copies of the SOFTWARE PRODUCT are the proprietary information of Investintech and its suppliers and are subject
to their copyrights.
Title - Investintech and its suppliers retain all title to the SOFTWARE PRODUCT, and all copies thereof, and no title to theSOFTWARE PRODUCT, or any intellectual property in the SOFTWARE PRODUCT, is transferred to You.
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, ordisassemble the SOFTWARE PRODUCT, or otherwise attempt to derive source code from the SOFTWARE PRODUCT.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be
separated for use on more than one Server.

Transfer - You may not rent, lease, sublicense or otherwise transfer all or any portion of the SOFTWARE PRODUCT orauthorize any Use of the Software by any other person except as expressly permitted hereby.
User Interface - You may not incorporate a graphical user interface or any interface of any kind in conjunction with theSOFTWARE PRODUCT.
Combination of Components - In conjunction with the prohibition against separation of components of the SOFTWAREPRODUCT, noted above, You may not create or add components to be used in combination with the SOFTWAREPRODUCT, if any purpose of such combination is to package, repackage, sell, resell, rent, sub-rent, lease or sublease anyportion of the SOFTWARE PRODUCT to any third party to this EULA.
Prevention of Unauthorized Use - You shall not knowingly permit anyone to use any portion of the SOFTWAREPRODUCT, (a) for the purpose of deriving its source code, or (b) for purposes other than as authorized in this EULA.
END-USER COMPLIANCE - You agree to use all reasonable efforts to ensure that persons employed by You or under Your
direction and control abide by the terms and conditions of this EULA. In the event that You become aware that theSOFTWARE PRODUCT is being used by such persons in a manner not authorized by this EULA, You shall immediately
notify Investintech in writing of such facts and You shall immediately use all reasonable efforts to have such unauthorized
use of the SOFTWARE PRODUCT immediately cease, and to recover any copies of the SOFTWARE PRODUCT that weremade in violation of this EULA. Notwithstanding any other term hereof, You will at all times remain responsible and liable
for, and shall indemnify Investintech against any damages or claims arising out of or related to, any breach of this EULA by
any authorized or unauthorized User of the SOFTWARE licensed to You hereunder.
Third Party Software - The SOFTWARE PRODUCT and its component parts are protected by Copyright and otherproprietary rights of Investintech and one or more third party software vendors who are intended beneficiaries of thisEULA. You may be held directly responsible by such vendors for acts relating to the SOFTWARE PRODUCT’scomponent parts that are not authorized by this EULA. To the maximum extent permitted by law, You waive all claims andcauses of action against such third party software vendors that arise under this EULA or in connection with Your Use of, orinability to Use the SOFTWARE PRODUCT or its components. No such third party software vendors will have any liabilityof any kind to You in connection with any such claims or causes of action.
Termination - Without prejudice to any other rights, Investintech may terminate this EULA if You fail to comply with theterms and conditions of this EULA. In such event, You must immediately and permanently cease using the SOFTWARE anddestroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3.

UPGRADES

Investintech may offer to license to you, for a fee, upgrades to the SOFTWARE PRODUCT, and may or may not require youto agree to a new license agreement for the upgrade. If you are not required to agree to a new license agreement, thenthisagreement shall apply to and govern your use of such upgrade. If this agreement in respect of a SOFTWAREPRODUCT that is an upgrade of an Investintech product, You now may use that upgraded product only in accordance withthis EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that You
licensed as a second product, the SOFTWARE PRODUCT may be used only as part of that single product package and may
not be separated for use on more than one Computer.
4.

COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs,animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Investintech or its suppliers. TheSOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, You must treat theSOFTWARE PRODUCT like any other copyrighted material except that You may either (a) make one copy of theSOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a Computer
provided You keep the second installation solely for backup or archival purposes. You may not copy any printed materials
accompanying the SOFTWARE PRODUCT.
5.

DUAL-MEDIA SOFTWARE

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium You
receive, You may use only one medium that is appropriate for Your Server. You may not use or install the other medium
onanother Server.

6.

LIMITED WARRANTY

Investintech warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying
written materials for a period of thirty (30) days from the date of receipt when used in accordance therewith.
7.

CUSTOMER REMEDIESInvestintech's and its suppliers' entire liability and Your exclusive remedy shall be, at Investintech's option, either (a) returnof the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Investintech's Limited
Warranty and which is returned to Investintech with a copy of Your receipt. This Limited Warranty is void if failure of theSOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCTwill be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. OutsideCanada, neither these remedies nor any product support services offered by Investintech are available without proof ofpurchase from an authorized international source.
8.

NO OTHER WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVESTINTECH AND ITS SUPPLIERSDISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITHREGARD TO THE SOFTWARE PRODUCT.
9.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Investintech or its suppliers be liable for any special,incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of businessprofits,business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use
theSOFTWARE PRODUCT, even if Investintech has been advised of the possibility of such damages. Because someprovinces, states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to You.
10.

EXPORT RULES

You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any mannerprohibited by applicable export laws, restrictions or regulations.
11.

U.S. GOVERNMENT END USERSThe SOFTWARE and related documentation are “Commercial Item(s),” as that term is defined at 48 C.F.R. §2.101,
consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms areused in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only thoserightsas are granted to all other end users pursuant to the terms and conditions herein.
You agree that when licensing the Software for Use by the U.S. Government, or any contractor therefore, you will license
consistent with the policies set forth in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §§227-7202-1 and 2277202-4 (for the Department of Defense).
12.

GOVERNING LAWThis EULA shall be governed exclusively by the laws of the Province of Ontario, Canada without reference to the United
Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Eachof the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees tocommence any litigation which may arise hereunder in the courts located in the city of Toronto, Province of Ontario.
13.

NOTICES

Should You have any questions concerning this EULA, or if You desire to contact Investintech for any reason, pleasecontact, or write:
Investintech.com Inc.
425 University Avenue, Suite 301, Toronto, Ontario
Canada M5G 1T6
Phone: 416-920-5884
Web:
http://www.investintech.com
14.

ASSIGNMENTThis Agreement, the SOFTWARE and any rights granted to You under this Agreement may not be transferred or assigned byyou (including, without limitation, the granting of any security interest in the SOFTWARE or other transmission orcommunication of the SOFTWARE), in whole or in part, whether voluntarily, by operation of law, or otherwise , without theprior written consent of Investintech and any such attempted assignment or transfer shall be null and void.
15.

SEVERABILITY

To the extent that any provision of this Agreement is declared by a court or other lawful authority of competent jurisdiction
tobe invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so as to give effect to theintent of the parties insofar as possible and You and Investintech will use their best efforts to substitute a new provision of
like economic intent and effect for the illegal, invalid or unenforceable provision, and the remainder of this Agreement shallcontinue in full force and effect with respect to all other provisions.
16.

AMENDMENTS AND WAIVERS

No modification, amendment, addition to or waiver of any rights, obligations or defaults shall be effective unless in writing
and signed by the party against whom the same is sought to be enforced. One or more waivers of any right, obligation ordefault shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any
subsequent right, obligation or default. No delay or failure of Investintech in exercising any right hereunder and no partial
or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights hereunder.