The following is a simplified description of the main terms of the Licensee Agreement. In case there is any ambiguity or contradiction, the terms of the actual License Agreement prevail.
Vivliostyle Formatter may be licensed under one of the following options:
Evaluation License: The default license you get if you just download Vivliostyle Formatter without purchasing or entering a licensing agreement. Allows you to test the Software and use it for non commercial purposes. All documents generated include a watermark, which may only be removed by getting one of the other Licenses.
Standalone License: Allows a single user to use Vivliostyle Formatter on a single laptop or desktop. This is limited to interactive uses, either manually from the command line, from a script, or integrated in a GUI. Server uses or fully automated processing is not allowed.
Server License: Allows using Vivliostyle Formatter in a server (up to 8 cores, virtual machines OK). Offering services that uses Vivliostyle Formatter, including to third parties, is allowed, as long as the service isn't offering third parties the generic ability to upload arbitrary documents and stylesheets to be processed by Vilviostyle Formatter.
Free upgrades to newer versions of Vivliostyle Formatter released within one year from purchase are included.
Maintenance and Support are not included, and a separate agreement should be entered if such services are desired.
Custom licenses can be made available on a case by case basis for uses not permitted by any of the Evaluation, Standalone or Server Licenses. For example: making Vivliostyle Formatter available as a service to third parties, or bundling Vivliostyle Formatter in a software product distributed to third parties.
Licensee agrees to be bound by the terms of this Agreement by downloading, installing, or otherwise using the Software. If Licensee does not agree to the terms of this Agreement, it must immediately destroy all copies of the Software, and must not use the Software.
Subject to the terms and conditions of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Software.
The Software is licensed, not sold.
This Agreement defines four possible types of license:
Unless made explicit by Licensor when Licensee purchases or is otherwise granted a License, the terms of the Evaluation License shall apply.
Licensee may download, copy and install the software onto the number of computers for which Licensee has purchased or been granted a license, and each copy may be used by a single user for Interactive Use only.
Interactive Use means that the Software may be used directly from the command line or indirectly as a component of a larger system, but that it must only be invoked as the result of an explicit action of the local user of the computer the Software is installed on. Usage in server software or other fully automated systems, scheduled batch processing, or access over a network connection are explicitly excluded.
Licensee may download, copy, install and use the software in the number of Server Computers for which Licensee has purchased or been granted a license.
A Server Computer means a computer or a virtual machine with up to 8 CPU cores, accessible physically or over a network by one or more users.
Within these limits, Licensee may use the Software as a component of a software product, service, or system, web based or otherwise, provided that any third party users of such product, service, or system, cannot submit arbitrary documents and style sheets to be processed by the Software. For avoidance of doubt, such usage is permitted for employees or contractors of Licensee, and offering services that make use of the Software to third parties is permitted, but providing access to the Software as a service to third parties, gratis or for a fee, is not.
Licensee may download, copy, install and use the Software according to the terms of a separate Agreement established when Licensee purchases or is otherwise granted a License.
Unless otherwise permitted by Licensor in a separate Agreement:
Unless provided for by a separate agreement, Licensor is under no obligation to provide support, maintenance, or any other services for the Software.
Licensor may from time to time, but has no obligation, to create Software Updates. Such Software Updates may, at Licensor's discretion, be made available on Licensor's website, or conveyed to Licensee by any means deemed appropriate by Licensor.
This Agreement grants Licensee the right to upgrade to any such Software Update released at most year after Licensee has purchased or been granted a license to the Software.
Licensor shall provide Licensee with any activation key needed to activate the Software Update.
Software Updates are subject to all the terms and conditions of this Agreement, unless Licensor explicitly and at its own discretion, releases them under a revised and/or new version of this Agreement.
For avoidance of doubt, this Agreement does not grant Licensee any right to Software Updates released more than a year after Licensee has purchased or been granted a license to the Software. If Licensee wishes to use such Software Updates, a new Agreement must be entered separately.
This Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of Licensor, except as required for reasonable and customary use in describing the origin of the Software.
Licensor represents to the best of its knowledge that it owns or has the necessary rights, including rights to the relevant intellectual property rights, to perform its obligations under this Agreement.
The Software contains third party components,
used according to the terms of their respective licenses.
Details can be found in the
of the Software’s package.
Unless stated otherwise in a separate agreement or unless terminated, this Agreement will continue in in perpetuity.
In the event of termination, Licensee is must destroy all copies of the Software, and to the maximum extent permitted by law, the licensee is not entitled to any refund or compensation.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
TO MAXIMUM THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Licensee grants the right to Licensor to collect and store contact information and related information about Licensee, to be used by Licensor, its affiliates or its subcontractors in order to communicate with Licensee about the Software or other products or services of Licensor, or to follow up on inquiries from Licensee.
Licensor may not use this information for any other purposes, nor may Licensor sell this information to third parties.
Licensee may not assign this Agreement to any other person without the express prior written consent of Licensor or its successor in interest, as applicable. A putative assignment made without such required consent will have no effect.
Notwithstanding the above, consent is not required for an assignment of this Agreement by either party in connection with a sale or other disposition of substantially all the assets of the assigning party's business.
The parties shall attempt to solve any disputes regarding this Agreement in an amicable manner. Failing this, the parties agree that the courts in Tokyo are to have exclusive jurisdiction to settle any claim, dispute, or matter of difference which may arise out of or in connection with this Agreement.
The agreement shall be governed by Japanese law.