ExecPDF Account & Software Service Agreement

Version 1.0, effective as of Jan 1th, 2019

1.Parties

1.1. "ExecPDF" or "We" means ExecPDF and the group ExecSoftware providing & developing the Windows 10/11 software named ExecPDF.

1.2. "User" or "You" means the individual given the right to use ExecPDF Account Service and Software in accordance with this Agreement. For the avoidance of doubt, User is a natural person and not a corporation, company, partnership or association, or other entity or organization.

2. Definitions

2.1. "Agreement" means this ExecPDF Account Agreement.

2.2. " ExecPDF Product" means any generally available ExecPDF software product identified by ExecPDF as an individual tool, teamware tool, or online service.

2.3. " ExecPDF Account" or means an account at www.execpdf.com created by User, having a unique name, and through which User has access to ExecPDF Software.

2.4. " ExecPDF Website" means any website that is the property of ExecPDF including but not limited to everything hosted under the domains

2.6. "Personal data" means any information which can identify an individual.

2.7. " ExecPDF Account Service" means the services listed in clause 3.1.

3. General

3.1. ExecPDF Account Service provides You with access to management of your personal data and to management of licenses and subscriptions You are entitled to use. This Agreement covers the following ExecPDF Websites:

3.1.1.ExecPDF Account Service, allowing ExecPDF Account holders to use their ExecPDF Accounts and manage the relevant licenses, subscriptions, authorizations, and notifications.

3.1.2. ExecPDF paypal store, allowing individuals and companies to buy or otherwise obtain ExecPDF Products or Services.

3.1.3. ExecPDF license service, allowing holders of licenses and subscriptions to ExecPDF Products or Services to activate them.

3.1.4. Internal services of ExecPDF, used to provide You with ExecPDF Products and Services, and to assist You with account, customer profile, user profile, license, purchase, and subscription management.

4. Grant of Rights

4.1. The rights granted to You for use of ExecPDF Account Service constitute a grant of rights and not a transfer of title.

4.2. In accordance with this Agreement, ExecPDF Account Service provides You with the following functionality:

4.2.1.Account Data Management.You may manage Your Personal data and ExecPDF Account settings.

4.2.2. License Management. You may obtain, assign, renew, and transfer licenses to ExecPDF Products and Services, or manage them using other options available.You may also provide license management permissions to other people using ExecPDF Account Services.

4.2.3.Subscription Management.You may manage subscriptions to ExecPDF Products and Services.

4.2.4. Payment Management. You may manage available payment options using ExecPDF Account Service.

4.2.5.Customer Management.You may manage Your customers if you are authorized to do so by such customers or by ExecPDF.

4.2.6. Information. You may access the information that ExecPDF has about You, which is Your individual or company profile. You may update the Personal data available to You via ExecPDF Account Service.

4.2.7. Notifications. You may manage notification settings linked to Your personal information.

4.2.8. Provision of Products and Services. ExecPDF Account Service allows ExecPDF to provide You with ExecPDF Products and Services.

4.2.9. You may use ExecPDF Account Service only for personal and internal business purposes.

4.3. Without written ExecPDF permission, You may not:

4.3.1. remove any copyright or other proprietary notices displayed or contained in ExecPDF Account Service;

4.3.2.modify or alter ExecPDF Account Service in any way;

4.3.3.distribute, sell, lease, rent, or relicense ExecPDF Account Service to others;

4.3.4.allow unauthorized use of ExecPDF Account or payment data associated with such ExecPDF Account;

4.3.5.allow unauthorized access to ExecPDF Account; or

4.3.6.provide ExecPDF with incorrect Personal data.

4.4. Due to the nature of provided services, usage of ExecPDF Account Services is governed by this Agreement

4.5. ExecPDF reserves the exclusive right to revoke authorization to access, use, view, download, and print ExecPDF Account Services at any time, and you shall discontinue such use immediately upon notice from ExecPDF.

5. Personal Data

5.1 In connection with your use of the Products, We and our associated companies will process Personal data of You as a User and the Product Holder (if appropriate), in particular, contact and identification details, data about usage of our software and services, and information about Your subscription and payments, for the following purposes:

5.1.1.To provide You with software, services or information;

5.1.2.To protect Us from piracy and unlawful use of Our software or services;

5.1.3.To improve Our offerings based on usage;

5.1.4.For Our internal evidence and to protect the rights and interests of Us and other users;

5.1.5.To promote and market Our software and services;

5.1.6.To fulfil legal duties stipulated by accounting, taxation and other laws.

You may object to the processing of Your Personal data for the purposes 5.1.2 through 5.1.5 at any time. More detailed information about Personal data processing for above mentioned purposes and about Your rights can be found in the Privacy Policy.

5.2. For the above purposes, ExecPDF may use, among others, Your first name, last name, email, username, physical address, IP address, cookies, payment information, and tax ID.

5.3. When using ExecPDF Account Services, You need to provide ExecPDF with Personal data information such as the information mentioned in clause 5.2. The processing of any Personal data we collect from You is governed by our Privacy

5.4. You shall keep Your Personal data up-to-date, update the information, or if any inconsistencies arise report such inconsistencies to ExecPDF.

6. Term and Termination

6.1. The term of this Agreement will commence upon the acceptance of this Agreement by User. Unless a different acceptance of this Agreement is presented to User and accepted, then by using ExecPDF Account Service, User agrees to be bound by the terms of this Agreement.

6.2. You may terminate this Agreement at any time via ExecPDF support channels

6.3. ExecPDF may terminate this Agreement if:

(A)User has breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;

(B)ExecPDF is required to do so by law(for example, where the provision of ExecPDF Account Service functionality to User is, or becomes, unlawful) ; or

(C) ExecPDF elects to discontinue providing ExecPDF Account Service, in whole or in part.

6.4. ExecPDF will make reasonable efforts to notify User via email as follows:

(A)Thirty(30) days prior to termination of the Agreement in the events specified in Section 6.3(C) above.

(B) Three(3) days prior to termination of the Agreement in the event specified in Section 6.3(B).

6.5.Upon expiration or termination of this Agreement by User under Section 6.2.

6.6. If ExecPDF reasonably believes that:

(A)use of any ExecPDF Account by the Customer or associated with the Customer's ExecPDF Account is unauthorized or fraudulent;

(B) information provided to ExecPDF by the Customer in connection with the ExecPDF Account is incomplete, inaccurate, legally invalid or unverifiable; or

(C) the Customer has breached Clause 4.3 of this Agreement,

ExecPDF may terminate this Agreement on seven (7) day 's notice to the Customer ("Notice Period"). Without limiting Clause 4.5 of this Agreement, ExecPDF may immediately suspend the Customer's ExecPDF Account from the date of such termination notice until the expiry of the Notice Period. During the Notice Period, the Customer may object to the termination in writing and must provide any information reasonably requested by ExecPDF.

7. Export Controls

User shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as "Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). User declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, User warrants that it will not download or otherwise export or re-export software or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use software for any end-use prohibited or restricted by Sanctions.

8. Limited Liability

EXECPDF AND EXECPDF ACCOUNT SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF EXECPDF AND EXECPDF ACCOUNT SERVICE IS AT YOUR OWN RISK. EXECPDF MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXECPDF, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. EXECPDF (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE ARE ACCURATE, RELIABLE, OR CORRECT; THAT EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE WILL MEET USER'S REQUIREMENTS; THAT EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

9. Disclaimer

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXECPDF (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR EXECPDF' LICENSORS, SUPPLIERS, OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO EXECPDF ACCOUNT AND ALL EXECPDF PRODUCTS AND SERVICES IN ACCORDANCE WITH THIS AGREEMENT, OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO EXECPDF ACCOUNT AND EXECPDF ACCOUNT SERVICE OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9.2. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO FIVE (5) US DOLLARS.THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Miscellaneous

10.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and ExecPDF regarding Your use of ExecPDF Account. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both User and ExecPDF.

10.2. Reservation of Rights.ExecPDF reserves the right at any time to cease the support of ExecPDF Account and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, or other characteristics of ExecPDF Account.

10.3. Changes to this Agreement.We may update or modify this Agreement from time to time, including any referenced policies and other documents.If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (by, for example, contacting you at the email address that You have provided to us, by posting on ExecPDF Website, or via ExecPDF Products and Services). If We modify this Agreement, the modified version of the Agreement will be effective immediately. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, you may terminate this Agreement by deleting Your ExecPDF Account. You may be required to click through the updated Agreement to show Your acceptance.

10.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

10.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.

10.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

10.7. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without regard to conflict of laws principles. User agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

10.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contract" ("adhesion contract") regulations shall not be applicable to this Agreement.

10.9. The parties to this Agreement undertake to make their best efforts to settle any disputes arising hereunder ("Dispute") amicably.Should the parties to this Agreement fail to settle a Dispute amicably, User has a right to submit a Dispute for an out-of-court resolution

10.10. Notice. ExecPDF may deliver any notice to User via electronic mail to an email address provided by User, ExecPDF Account, registered mail, personal delivery or a renowned express courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to User via email, (ii) upon being uploaded to Your ExecPDF Account (irrespective of when User actually receives it), (iii)upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.

10.11. Children and minors. If You are under 18 years old, then by entering into this Agreement you explicitly stipulate, that (i) You have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) You understand ExecPDF Privacy Policy available at:https://www.ExecPDF.com/legal/docs/privacy/privacy.html. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE EXECPDF PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.