End User License Agreement V1.0
Important information for Users—Please read the following terms and conditions of this Agreement carefully
before installation:
This User License Agreement constitutes a valid and binding agreement entered into between IPEVO, Inc.
(below, "IPEVO") and you as a user with regard to the installation, use, reproduction, and distribution of the
"IPEVO Annotator” software (below, "the Software"). Before you install, use, reproduce, or distribute the
Software, you must agree to each of the terms of this License Agreement; if you do not agree to the terms
of this License Agreement, please do not install, use, reproduce, or distribute the Software. In addition, by
installing and using the Software, the user agrees to be bound by the terms and conditions of this Agreement
and any subsequent version of this Agreement.
IPEVO permits you to use the Software only under conditions that conform to this License Agreement.
Article 1: Definitions
1.1 IPEVO: A company limited by shares lawfully established under the laws of California.
1.2 The Software: Software designed, created, issued, and used with the related products and Internet
application software produced and manufactured by IPEVO, including, without limitation, software code, user
interfaces, files and documents, and any future amendments, updates, or upgrades to any of the foregoing.
1.3 Use: Use, installation, downloading, reproduction, or distribution of the Software.
1.4 Intellectual property: Includes the Software, documents, the IPEVO website and any and all intellectual
property related to it, including, without limitation, copyrights, trademark rights, and patent rights to the
Software and trade secrets.
1.5 Users: All natural persons and juristic persons that use, install, download, reproduce, or distribute the
Software.
Article 2: Licensing and restrictions
2.1 Before using the Software, you must first agree to this License Agreement. If you do not accept this
License Agreement, you may not use the Software.
2.2 You may accept this License Agreement in the following manner:
(a) If IPEVO provides a menu option on the user interface for the Software that allows you to select either
"I accept" or "I agree" to the License Agreement, you may accept this License Agreement by selecting that
option; or
(b) If you are already using the Software, you will be deemed to have agreed to and accepted this License
Agreement. You understand and agree that by actually using the Software, you will be deemed to have
accepted this License Agreement from the time you begin your use of the Software.
IPEVO Annotator
2.3 Given either of the following circumstances, you may not use the Software and may not accept this
License Agreement: (a) you have not reached the legal age at which you may enter into a binding agreement
with IPEVO, or (b) you are prohibited from using the Software by the laws of the country or region in which
you are located.
2.4 Before continuing to read the following content, it is advisable to print or save a backup copy of this
License Agreement.
Article 3: Licensing by IPEVO
3.1 IPEVO grants you, in accordance with the terms of this License Agreement, a personal, worldwide, royalty-
free, non-transferable, and non-exclusive right to the use of the Software. You may freely install and use the
Software on multiple computers. You must use the Software in accordance with the terms of this License
Agreement.
3.2 Unless expressly provided by law or with prior written permission from IPEVO, you may not for any
reason (and may not allow any third party to) modify, produce a derivative, disassemble, decompile, or
attempt to decompile the source code of the Software or any part of the Software.
3.3 Unless IPEVO has already given you express written permission, you may not transfer (or sublicense) the
right to use the Software or any benefits obtained from the use of the Software, transfer any part of your
rights to the use of the Software, nor offer the Software as any part of the use or sale of your own product to
any third party.
3.4 Redistribution: You may freely distribute the Software through any medium, provided that you comply
with the following conditions: (a) you must give any other party that accepts the Software this License
Agreement to read and accept; and (b) the Software you distribute must have been copied from the original,
and may not be modified in any way.
Article 4: Content and services
4.1 The Software may contain links to third-party websites or content. Those websites and their content are
controlled, managed, and provided by those other companies or third parties, and you agree and understand
that IPEVO is not responsible for and is not able to control those websites or their content.
4.2 You confirm and agree that, aside from the Software, IPEVO is not responsible for providing any external
website or resource, and does not endorse any advertising, products, or other elements from such third-party
websites or resources.
4.3 You confirm and agree that IPEVO bears no liability whatsoever for damages with respect to any loss
or damage that may be incurred by a user as a result of visiting or contacting any such external website or
resource by means of the Software.
4.4 You understand and agree that you yourself are fully responsible for any outcome produced by your
transmission of any content and for your conduct when using the Software, including any loss or damage that
may be incurred by IPEVO, and that IPEVO bears no responsibility toward either you or any third party.
4.5 You may not use the Software to engage in any of the following acts: (a) attempting to engage or engaging
in acts denigrating IPEVO or its products or services; (b) violation or infringement of the intellectual property
rights of IPEVO or any third party; (c) violation of the laws or regulations of any locality, state, federation, or
nation, or international law.
Article 5: Ownership by IPEVO
5.1 The user recognizes and agrees that IPEVO owns all legal rights, ownership rights, and interests in the
Software, including any intellectual property rights inhering in the Software (without regard to whether those
rights have been registered or whether those rights exist in any location worldwide). The user also recognizes
that the Software may contain information that has been designated confidential by IPEVO, and that without
prior written permission from IPEVO user may not disclose such information.
5.2 Unless you have a separate written agreement with IPEVO, nothing in these terms and conditions entitles
you to use IPEVO's company name, trademarks, service marks, indications, domain names, or any other
feature distinguishing its brand.
5.3 Unless you have separately obtained express written authorization from IPEVO, you agree that when
using the Software, you may not use the trademarks, service marks, trade names, or indications of the IPEVO
company or organization in such a way as to either intentionally cause or to result in the possibility of causing
confusion on the part of others with regard to the lawful owner or the authorized user of those marks,
names, or indications.
Article 6: Licensing fees
The Software is currently licensed for your use without charge.
Article 7: Support
You understand and agree that IPEVO is under no obligation to provide you with technical support for the
Software.
Article 8: Reservation of rights
With the exception of the scope of licensing expressly defined within this License Agreement, IPEVO owns
and reserves all rights to the Software, including, without limitation, the intellectual property rights to
the Software. Unless you are otherwise expressly licensed in writing by IPEVO, you may not alter, modify,
reproduce, edit, format, create derivatives of, or use any software components, content, or technology not
expressly licensed for your use by this License Agreement.
Article 9: Other stipulations
All third-party programs licensed for use in the Software are set out as follow:
9.1 The PDFsharp is included without modification from empira Software GmbH, and interacted with the
Software as a separate part. For its licensing rule and related notices, please see the NOTICE PAGE at http://
www.pdfsharp.net/PDFsharp_License.ashx?AspxAutoDetectCookieSupport=1
9.2 The MAAttachedWindow code is included without modification from Matt Gemmell, and interacted with
the Software as a separate part. For its licensing rule and related notices, please see http://mattgemmell.
com/
Article 10: Termination
10.1 IPEVO reserves the right at any time to unilaterally decide to cease providing licensing for the Software
or to modify the Software.
10.2 Should you feel dissatisfied with the Software, please discontinue use of the Software. Notwithstanding
any agreement containing provisions to the contrary, IPEVO may at any time decide at its own discretion
to terminate or to suspend use of the Software by you or any other user. Even if this License Agreement is
terminated in accordance with relevant stipulations, you and any third party will still be liable under relevant
stipulations to compensate IPEVO for any damages incurred by it as a result of the violation of this License
Agreement by you or the third party. The provisions of this Article will remain in effect notwithstanding the
termination of this License Agreement for any reason.
Article 11: Exclusion of guarantee
11.1 The Software is provided to users "as is," and IPEVO neither makes nor is able to make any guarantee
about its efficacy or the results you will obtain from its use. Unless the applicable law of the jurisdiction in
which you are located does not allow the limitation or exclusion of any guarantee or undertaking, IPEVO
makes no guarantee or undertaking (whether express or implied, or under statute, common law, custom,
practice, or otherwise), including, without limitation, any guarantee of non-infringement of third party patents
or of merchantability, integration, satisfactory quality, or fitness or any particular purpose.
11.2 You understand and agree that you yourself assume any and all risk arising from the use of the Software
or from the properties of the Software. The Software is provided for your use "as is."
11.3 Neither IPEVO nor its suppliers, affiliated enterprises, or licensors are able to guarantee the following:
(A) That the Software suits your requirements. (B) That in the course of a user's connection by means of
the Software, there will be no interruption, delay, or occurrence of any other defect related to network
connection. IPEVO assumes no liability whatsoever to the user for any such interruption, delay, or other
omission that may arise during the use of the Software. IPEVO does not guarantee that the Software will at
all times remain usable, uninterrupted, timely, secure, accurate, complete, or free from error, or that packet
loss will not occur during use. IPEVO makes no guarantee whatsoever with regard to any connection to or
transmission over the Internet, or with regard to system access or file transmission undertaken with the
Software, or with regard to quality. (C) That any information or content that you come into contact with or
obtain by use of the Software is reliable. (D) That any operation or function related to the Software will be
able to operate normally, or that any related errors will be correctable.
11.4 Any act in which you download or in some other manner obtain information through the use of the
Software is an act undertaken at your own discretion, and any and all associated risk shall be borne solely by
you, and you are solely responsible if, as a result of downloading the aforementioned information, there is
any damage to or loss of information on your computer system or other devices.
11.5 No oral or written recommendation or information that you obtain from IPEVO, or by means of the
Software, or from the Software will constitute any guarantee that is not expressly provided for in these terms
and conditions.
11.6 The stipulations of this Article shall remain in effect after the termination of this License Agreement,
without regard to the reason for the termination; this, however, neither implies that you possess the right nor
creates the right for you to continue to use the Software after the termination of this License Agreement.
Article 12: Limitation of liability
12.1 IPEVO is not responsible to you under any circumstances for any damages, compensation, or fees,
including any derivative, indirect, or consequential losses or the loss of any profits or earnings; IPEVO need
not be responsible even if it has received advance knowledge of the possible occurrence of such losses,
damages, or compensation. The foregoing restrictions and exclusions shall apply to this Agreement within the
scope permitted by the law of the jurisdiction in which you are located.
12.2 The total amount of liability which IPEVO assumes under this License Agreement is limited to the
monetary amount paid by you (if any) for the use of the Software.
Article 13: Changes to the License Agreement
13.1 IPEVO may at any time amend the terms and conditions of this License Agreement or any additional
terms and conditions. At the time of any such amendment, IPEVO will provide the new version of the License
Agreement for your reference at http://www.ipevo.com
13.2 You understand and agree that if you use the Software after the date of any change to the License
Agreement or its additional terms and conditions, you will be deemed to have accepted the updated version
of the License Agreement or its additional terms and conditions.
Article 14: Legal provisions
14.1 When you use the Software, it is possible at times that (due to your use or by means of your use of
the Software) you will use services provided by other parties or companies, or download the images or
information of other parties. Your use of such other services, software, or products shall be undertaken in
accordance with the terms and conditions separately entered into with the relevant company or individual,
and the terms and conditions herein do not affect the legal relationship between you and the aforesaid
companies or individuals.
14.2 The terms and conditions of this Agreement constitute the entirety of the legal agreement between you
and IPEVO with regard to your use of the Software (not including any services IPEVO provides you on the
basis of other written agreements), and completely supersede any prior agreement between you and IPEVO
with regard to services.
14.3 You agree that IPEVO may provide you with notices, by means of posts attached with the service,
including notices regarding revisions to this License Agreement.
14.4 You agree that IPEVO's non-exercise or non-enforcement of any legal rights or remedies set out in this
License Agreement (or that IPEVO enjoys in accordance with any applicable law) may not be deemed a formal
waiver of rights by IPEVO; IPEVO will continue to enjoy any and all such rights and remedies.
14.5 In the event of any dispute or claim relating to the Software or this License Agreement, you agree to
resolution of such dispute in the state or federal courts located in Santa Clara, California in accordance with
California law.
Article 15: Standard terms and conditions
15.1 If any part of this License Agreement is determined to be invalid or unenforceable, such determination
does not affect the validity and enforceability of the remaining parts, which shall continue with full validity
and enforceability under the provisions of this Agreement. This License Agreement shall not impede the
statutory rights that any party enjoys as a consumer.
15.2 IPEVO may license you for updated versions based on revised terms and conditions. This License
Agreement constitutes the entire agreement between IPEVO and users with regard to matters connected with
the Software, and supersedes all prior statements, discussion, undertakings, communication, and advertising
between the two parties with regard to matters connected with the Software.
15.3 The user expressly acknowledges that the user has read this License Agreement in detail, and
understands the rights, obligations, terms, and conditions contained in it. By selecting the "I agree" option or
by continuing to install the Software or use the Software, the user is expressly indicating that the user agrees
to be bound by its terms and conditions, and the user is granted the rights set out in the License Agreement.
If you have any further questions, please do not hesitate to contact us or to let us know about your questions
through this company's official website at http://www.ipevo.com
