PDF-XChange Driver API SDK
This Agreement covers all materials associated with Tracker’s PDF-XChange API/SDK developer’s toolkit products
including the enclosed software product ("Software") with the exception of the PDF-XChange PDF Viewer SDK for which
there is a specific and separate license agreement.
1. GRANT OF DEVELOPMENT LICENSE
TRACKER grants Licensee a non-exclusive, non-transferable, worldwide license for one (1) programmer to install the
Software on a single personal computer and use the Software and one copy of the associated user documentation
contained in the accompanying user manual, "online" help and Acrobat files ("Documentation") in the development of
End User software application’s as contemplated in section 2 below (herein, the "Application Software"). If additional
programming seats are needed, Licensee should contact TRACKER for discounted license pricing. The license granted
hereunder applies only to the designated version of the enclosed Software. If the Software is an upgrade or cross grade,
it, and the product that was upgraded/cross graded constitute a single copy of the Software for purposes hereof and the
new version and product that was upgraded/cross graded cannot be used by two people at the same time.
2. END USER APPLICATION
The Application Software developed by Licensee must be an "End User Application." An "end user application" is a
specific application program that is licensed to a person or firm for business or personal use and not with a view toward
redistributing the application or any part of the application, and may be either an application that is used by Licensee
internally, or an application that is commercially distributed to end users for their use. A user of an end user application
may not modify or redistribute the application and may not copy it (other than for archival purposes). Licensee’s license
agreement covering the Application Software must contain restrictions prohibiting redistribution, modification and
copying of the Application Software. The license rights hereunder do not apply to the development and deployment of
software products such as Printer Drivers, ActiveX controls, plug-ins, authoring tools, development toolkits, compilers,
operating systems and also software products where a primary or significant function is to generate or view ‘PDF’
format files (as defined by Adobe Systems Inc’) and other file formats from 3rd party software applications not
developed by the licensee, indirectly or otherwise, - such as Microsoft’s ‘Office’ suite and component applications other
than for the purpose of creating and then storing such files within a structured application for the archival and
management of documents that is developed by the licensee and any other software not falling within the definition of
an end user application. If Licensee wishes to develop a product outside the scope of this license, Licensee should
contact TRACKER’S OEM Sales department to see if a special license is available.
3. GRANT OF DUPLICATION AND DISTRIBUTION LICENSE
The Software includes certain runtime libraries and files intended for duplication and distribution by Licensee within the
Application Software to the user of Application Software ("Redistributable's"). The Redistributable components of the
Software are those files specifically designated as being distributable in the "Files to be Included with Your Application"
section of the Online Help file, the terms of which are hereby incorporated herein by reference. Licensee should refer to
the Documentation and specifically the "Online Help" file for additional information regarding the Redistributable's.
Under TRACKER’S copyright, and subject to all the restrictions and conditions set forth in this Agreement and the
Documentation, TRACKER hereby grants Licensee (and only Licensee) a non-exclusive, non-transferable, worldwide
license to reproduce exact copies of the Redistributable's and include such files in the Application Software, and to
deploy the Application Software internally and/or distribute the Application Software, directly or through customary
distribution channels, to end users on a royalty free basis. (The foregoing sentence does not apply if Licensee has
licensed Tracker’s PDF-XChange Printer Driver for Windows – for ‘End User’ use (as Opposed to the API/SDK Toolkit
Licensed products. This product requires additional run time licensing based on use/distribution of the Application
Software: see Section 4, "Duplication and Distribution of Royalty Bearing Versions " below.) If Licensee wishes to use an
OEM who will modify the Application Software and copy it, Licensee must first obtain an OEM distribution license from
TRACKER or must require the OEM to obtain a license from TRACKER. Duplication or Redistribution of the Application
Software, or any portion thereof, by the users of the Application Software, without a separate written redistribution
license from TRACKER is prohibited. If the enclosed Software is packaged "For Evaluation Only," no right to copy and/or
distribute the Redistributable's is granted. No rights to copy or redistribute the Application Software are granted until
such time as Licensee has properly registered the Software with TRACKER and otherwise complied with this Agreement.
Unless otherwise agreed in writing by Tracker, developer must distribute any Print drivers included using the Tracker
Installation executable file provided for this purpose to ensure correct distribution and licensing adherence.
Once licensed, you may create and distribute a maximum of 100,000 end user application licenses incorporating any part
of the allowed elements of this developer’s kit - should the number of licenses you intend to distribute (or have already
distributed) exceed this figure (other than for demonstration, evaluation or publicity purposes) then you must contact
Tracker Software Products immediately and prior to (further) distribution or as soon as it becomes known to you that
this figure has or will exceed this number, to discuss alternative licensing options. Further you agree at any time, on
request and within 30 days of such request, to supply a duly audited and notarised account of application licenses
delivered/sold where components of this licensed developer kit have been used and distributed – other than for
Tracker Software Products
demonstration, evaluation or publicity purposes.
4. DUPLICATION AND DISTRIBUTION OF ROYALTY BEARING VERSIONS OF THE SOFTWARE
If the enclosed Software is Trackers PDF-XChange Printer Driver designed for ‘End User’ use as opposed to a component
of the SDK kits available, (collectively known as "Royalty Bearing Versions") Licensee is required to enter into a separate
duplication and distribution license prior to deployment of the Application Software. No duplication or distribution
rights are granted hereunder with respect to the Royalty Bearing Versions.
5. OTHER RESTRICTIONS
The licenses granted under this Agreement are expressly conditioned upon Licensee’s compliance with all the terms and
conditions of this Agreement. Licensee may not use, copy, rent, lease, sell, sublicense, assign or otherwise transfer the
Software except as expressly provided for in this Agreement. Licensee may make a reasonable number of archival copies
of the Software. Except for the Redistributable's, Licensee shall not distribute any files contained in the Software,
including without limitation, .CLW, .INC, .TPL, .CHM, .DRV, .LIB, .H, .MAK, .DEF, .TXT, .PDF or .HLP files. Licensee shall not
reproduce, copy or transfer any Documentation, except Licensee may use the sample source code examples contained in
the Documentation for the purpose of developing the Application Software. Upon TRACKER’S request, Licensee agrees
to send TRACKER one demonstration copy of the Application Software. If the Software is PDF-XChange, the Application
Software may only access the ActiveX and DLL file(s) directly and not through the PDF-XChange Print driver (.DRV file(s).)
Licensee may only directly access the ActiveX and DLL file(s) if Licensee has a license in good standing for a PDF-XChange
product with an API/SDK License such as PDF-XChange SDK or PDF-Tools SDK, and only then the appropriate components
relevant to each SDK. Any distributor or reseller of Application Software appointed by Licensee must be subject to a
binding agreement that includes provisions no less protective of TRACKER’S intellectual property rights in the Software
as it is protective of Licensee’s rights in its own software. Licensee acknowledges that the Software, in source code form,
remains a confidential trade secret of TRACKER and/or its suppliers and therefore Licensee agrees that it shall not
modify, de-compile, disassemble or reverse engineer the Software or attempt to do so except as permitted by applicable
legislation. Licensee agrees to refrain from disclosing the Software (and to take reasonable measures with its employees
to ensure they do not disclose the Software) to any person, firm or entity except as expressly permitted herein.
Specifically, Licensee will not disclose or publish any unlock codes or instruction sets provided by TRACKER relating to the
Software. If Licensee wishes to use the Software in a manner prohibited by this Agreement, Licensee should contact
TRACKER’S OEM department to determine whether a special license may be obtained.
6. Use in Evaluation versions of Licensee Developer’s End User Applications.
Where the Licensee provides a limited use evaluation version of their End User software – distribution of the
PDF-XChange & Tools SDK redistributable components shall not count towards the licensee’s allowed limited
redistribution totals - provided that:
1: The functionality provided by the PDF-XChange or Tools SDK will cease on expiry of the evaluation period.
2: The evaluation period is no longer than 90 days – otherwise it must count towards the overall limited redistribution
rights provided by the clients purchased license and may not be provided under the umbrella of this evaluation
3: In the event that the Licensee allows some functionality of their application to continue after the evaluation period
expires – this will not include the PDF-XChange or Tools SDK functions - otherwise it must count towards the overall
limited redistribution rights provided by the clients purchased license and may not be provided under the umbrella of
this evaluation concession.
If the Licensee is unable to ensure the above limited use restrictions are adhered to – Licensee may not incorporate the
PDF-XChange & Tools SDK functionality in evaluation versions of their software applications – without accounting for
each installation provided towards the total license count, allowed under the terms of this license.
7. PROPRIETARY RIGHTS; COPYRIGHT NOTICES
Except for the limited license granted herein, TRACKER, and its suppliers, retains exclusive ownership of all proprietary
rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that
TRACKER is affiliated with or approves of Licensee’s Application Software in any way. Except as required hereby, Licensee
shall not use TRACKER’S name, trademarks, or any TRACKER designation in association with Licensee’s Application
Software. The Application Software may contain the following copyright notice in the "About box": "Portions of this
product were created using PDF-XChange From Tracker Software Products Ltd ©2001-8, ALL RIGHTS RESERVED."
8. EXPORT LAW
Licensee acknowledges and agrees that the Software and Application Software may be subject to restrictions and
controls imposed by the United States Export Administration Act, as amended (the "ACT"), and the regulations there
under. Licensee agrees and certifies that neither the Software nor any direct product thereof (e.g. the Application
Software) is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country
PDF-XChange Driver API SDK
prohibited by the ACT and the regulations there under or will be used for any purpose prohibited by the same. Licensee
acknowledges that the Software may include "technical data" subject to export and re-export restrictions imposed by
U.S. law. Licensee bears all responsibility for export law compliance and will indemnify TRACKER against all claims based
on Licensee’s exporting of the Application Software.
9. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19, as applicable.
Manufacturer/Contractor is TRACKER SOFTWARE PRODUCTS LTD, Units 1-3, Burleigh Oaks, East Street, Turners Hill, West
Sussex. England.RH10 4PZ
The license granted hereby is effective until terminated. Licensee may terminate the license by returning the Software
and Documentation to TRACKER, without refund, and destroying all copies thereof in any form. TRACKER may terminate
the licenses if Licensee fails to comply with any term or condition of this Agreement or any corresponding duplication
and distribution agreement for Printer Driver Products. Upon such termination, Licensee shall cease using the Software
and cease using or distributing the Application Software containing the Redistributable's. All restrictions prohibiting
Licensee’s use of the Software and intellectual property provisions relating to Software running to the benefit of
TRACKER will survive termination of the license pursuant hereto. Termination will not affect properly granted end user
licenses of the Application Software distributed by Licensee prior to termination.
11. EXCLUSION OF WARRANTIES
TRACKER and its suppliers offer and Licensee accepts the Software "AS IS." TRACKER and its suppliers do not warrant the
Software will meet Licensee’s requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT.
12. LICENSEE’S REMEDIES: LIMITATIONS
LICENSEE’S SOLE AND EXCLUSIVE REMEDIES AGAINST TRACKER ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF
RECOVERY SHALL BE, AT TRACKER’S SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B)
REFUND OF THE LICENSE FEE PAID BY LICENSEE.
13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall TRACKER, or its suppliers, be liable for any damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use
of or inability to use the Software, even if TRACKER or its dealer have been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of
incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of
the foregoing limitations and exclusions may not apply to Licensee.
This Agreement shall be interpreted, construed, and enforced according to the laws of England. In the event of any
action under this Agreement, the parties agree that courts located in England will have exclusive jurisdiction and that a
suit may only be brought in England, and Licensee submits itself for the jurisdiction and venue of the courts located in
England. This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in
writing signed by both parties. No officer, salesman, or agent has any authority to obligate TRACKER by any terms,
stipulations or conditions not expressed in the Agreement. All previous representations and agreements, if any, either
verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is
determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder
of the Agreement will continue to be fully enforceable and valid. This Agreement, and the rights hereunder, may not be
transferred or assigned by Licensee, whether by oral or written assignment, sale of assets, merger, consolidation or
otherwise, without the express written consent of TRACKER. Licensee agrees to be responsible for any and all losses or
damages arising out of or incurred in connection with the Application Software. Licensee agrees to defend, indemnify
and hold TRACKER harmless from any such loss or damage, including attorney’s fees, arising from the use, operation or
performance of the Application Software or Licensee’s breach of any terms of this Agreement. Licensee shall be
responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether
presently in force or which come into force in the future, related to the distribution and sale of the Application Software
and will indemnify TRACKER against any claim made against TRACKER relating to any such taxes or assessments.
Tracker Software Products
Copyright © 2001-8 Tracker Software Products Ltd, Units 1-3, Burleigh Oaks, East Street, Turners Hill, West Sussex.
ALL RIGHTS RESERVED. All Other Trademark’s acknowledged & are the property of their respective owners.
PDF-XChange Templates & Classes for Clarion for Windows (PDF-XChange-API/SDK customers only)
PDF-XChange API/SDK (PDF-XChange-API/SDK customers only)
PDF-XChange SDK Printer Driver (PDF-XChange-Print Driver customers only)
PDF-Tools SDK Templates & Classes for Clarion for Windows (PDF-Tools-API/SDK customers only)
Delphi Components for PDF-XChange and/or PDF-Tools SDK products.
All Demo/Evaluation components and examples for PDF-XChange and/or PDF-Tools SDK products.
Windows and MS Office are trademarks of Microsoft Inc. All other trademarks recognised and acknowledged.
Please note – no rights to use the PDF-XChange PDF Viewer SDK are contained herein, there is a specific and separate
license agreement for the PDF-XChange Viewer SDK to which you must specifically complete and return prior to use for
anything other than evaluation use.
PDF-XChange Driver API SDK
- C -
Contact Us 60
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Notes - Clarion Developers 1
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Other Products 61
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Property Printer 5
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Tracker Software Products 60
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