Welcome to Anoto’s Live PDF™ services. Please read these Terms of Service (the “Terms“) carefully because they form a binding contract between you and one of our companies. If you acquired the Live PDF services in a country in North, Central or South America, then these Terms form a contract between you and Anoto, Inc., a Delaware corporation. If you acquired the Live PDF services in the United Kingdom or Ireland, then these Terms form a contract between you and Anoto Ltd., a corporation registered in England and Wales. If you acquired the Live PDF services in Japan, then these Terms form a contract between you and Anoto K.K., a Japanese corporation. If you acquired the Live PDF services in any other country, these Terms form a contract between you and Anoto AB, a Swedish corporation. These Terms will refer to the relevant entity as “we” and “us.” You find our contact information on the web site http://www.anoto.com.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you are agreeing on behalf of an organization, “you” and “your” will refer to that organization. By agreeing to these Terms, you are representing to us that you are over 15 years old.
You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
We will use reasonable commercial efforts to keep the Services available to you during the term of your subscription to the Services.
Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Services on your behalf. It is your responsibility to contact us immediately if your account is hacked, compromised or otherwise misused. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your account.
You may not use the Services from the People’s Republic of China.
If a third party such as an employer or school gave you your account, that party has rights to your account and may manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store Content in your account.
The account name(s) chosen by and assigned to you are subject to regular reviews by us. If we at our sole discretion find that your account name is misleading, offensive or otherwise inappropriate then we reserve the right to disable that account name and assign another account name for you; alternatively to terminate your access to the Services.
By registering with us, you understand that we may send you communications or data regarding the Services via electronic mail, including but not limited to
(a) Notices about your use of the Services; and
(b) Promotional information and materials regarding our products and services.
We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Services and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Services. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don’t consent to receive mandatory or required notices electronically, you must stop using the Services.
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Services using your payment method and for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill:
(a) In advance;
(b) At the time of purchase;
(c) Shortly after purchase; or
(d) On a recurring basis for subscription Services.
All Services are prepaid for the usage level selected and are non-refundable. We may suspend or cancel your access to the Services if you fail to pay in full on time.
To use our Services you will provide us with electronic files and other information (collectively “Content”). You retain full ownership to your Content. These Terms do not grant us any rights to your Content or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your Content. For example, we may need to access your Content in order host your files, share them at your direction, or image thumbnails or document previews. We may also need access in order to engage in administrative tasks such as redundant data backup. By using our Services, you give us the permission we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example the companies that provide our storage space.
You are solely responsible for your conduct and Content, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review Content for compliance with our policies, but you acknowledge that we have no obligation to monitor any Content. We are not responsible for the accuracy, completeness, appropriateness, or legality of Content, user posts, or any other information you may be able to access using the Services.
The Services may be provided from a different country than your country of residence. By using and accessing the Services, you understand and consent to transfer of Content and any other personal information into and from other countries, and to storage and processing of the Content and any other personal information in other countries than your country of residence. We reserve the right to store and process personal information in any country we deem appropriate.
Content may be protected by intellectual property rights of others. We are not responsible for what you copy, share, upload, download or otherwise use while using the Services.
Further, we are not responsible for any third party Content you access through the Services, and you irrevocably waive any claim against us with respect to such Content. Should you have any problems resulting from your use of any third party Content or services, or should you suffer data loss or other losses as a result of problems with any Content provider, we will not be responsible.
To the extent permitted by law, you will defend us against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Services, in breach of these Terms:
(a) Infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret; or
(b) Violates applicable law or these Terms.
We will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable Content alleged to be infringing and to terminate the accounts of alleged infringers. A notice of infringement shall be made to Anoto, attention General Counsel, and must include the following information:
(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of the material, with enough detail so that we may locate it;
(c) Your address, telephone number, and e-mail address;
(d) A statement declaring under penalty of perjury that (i) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (ii) the above information in your notice is accurate, and (iii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) Your physical or electronic signature.
We appreciate if you give use feedback, comments or suggestions in relation to the Services. However, any such information is provided by you on a voluntary basis. You acknowledge that we may use such information for any purpose we see fit and without any obligation to you.
You may not use the Services for an election, referendum or any other organized national and/or local government process or a private entity process whereby a formal indication of a deliberate choice between two or more candidates or courses of action is expressed by eligible voters, in which votes are cast by at least 10,000 individuals.
You may not use the Services to conduct a census, or any other government project or government sponsored project consisting of collecting demographic, economic and/or social statistical information for a particular period of time, from all residents of a particular geographical region, in which such information is collected from at least 100,000 individuals.
You may not use the Services for an organized national and/or local government project or a private entity project to collect biographical personal data and/or enroll groups of people, in which such information is collected from at least 100,000 individuals.
You may stop using the Services at any time.
Your access to the Services will be terminated at the end of your subscription period, unless you have acquire a new subscription period in advance.
Further, we reserve the right to suspend or terminate your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services for
(a) The actual or suspected violation of these Terms;
(b) The use of the Services in a manner that may cause us to have legal liability or disrupt others’ use of the Services;
(c) The suspicion or detection of any malicious code, virus or other harmful code by you or in your account;
(d) Scheduled downtime and recurring downtime;
(e) Use of excessive Anoto dot pattern, storage capacity or bandwidth; or
(f) Unplanned technical problems and outages.
You acknowledge that if your access to the Services are suspended or terminated, you may no longer have access to the Content that is stored with the Services.
In addition to other termination provisions, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a registered user, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days.
In the event of termination, any Content you may have stored within the Services will be lost.
THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
If you are acquired the Live PDF services in North, Central or South America, then the following shall apply:
IN NO EVENT SHALL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE, DATA OR OTHER INFORMATION, OR ANY USE OF ANY DATA, INFORMATION, DOCUMENTATION OR SERVICES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER JURISDICTIONS NOT ALLOWING EXCLUSION OF LIABILITY BUT ALLOWING LIMITATION OF LIABILITY, OUR MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED US DOLLARS (USD 100).
Otherwise, the following shall apply:
IN NO EVENT SHALL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE, DATA OR OTHER INFORMATION, OR ANY USE OF ANY DATA, INFORMATION, DOCUMENTATION OR SERVICES, UNLESS THE DAMAGE SUFFERED IS DUE TO OUR OR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
If you acquired the Live PDF services in North, Central or South America, then the following applies:
These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of New York, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of New York, NY, USA.
If you acquired the Live PDF services in the UK or Ireland, then the following applies:
These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. However, if any dispute arises in connection with these Terms, the parties will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party to the dispute requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 30 days after the date of the ADR notice. No party may commence any court proceedings/arbitration in relation to any dispute arising out of these Terms until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. The seat of mediation shall be London, England.
If you acquired the Live PDF services in Japan, then the following applies:
These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of Japan. All disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat of arbitration shall be Tokyo, Japan.
Otherwise, the following applies:
These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden.
In either case:
(a) The language to be used in the arbitral proceedings shall be English.
(b) Notwithstanding the aforementioned, any court of competent jurisdiction may (i) process and enforce requests for preliminary injunction, (ii) settle disputes on payments, and (iii) enforce the rulings of an arbitral proceeding irrespectively of any confidentiality provisions that otherwise might apply to such proceeding.
(c) Claims must be filed within one year. You must bring any claim related to these Terms or the Services within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.
Changes of Terms: We may modify these Terms or any additional terms that apply to the Services. You should look at the terms of Services regularly. If you do not agree to the modified terms of Services, you should discontinue your use of the Services.
Intellectual Property Rights: These Terms do not grant you any right, title, or interest in the Services or third party Content. The technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and other countries. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Assignment: You may not assign any of your rights in these Terms, and any such attempt is void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
No Agency: We are not legal partners or agents; instead, our relationship is that of independent contractors.
Severability: If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Non-waiver: The failure of Anoto to require your performance of any provision of these Terms shall in no way affect the full right to require such performance at any time thereafter.
Notice to United States Government Users: The Services are provided to the U.S. Government as “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Services. If You are using the Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, You will immediately discontinue Your use of the Services. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
[End of Terms]
[Live PDF ToS 140701]