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TERMS AND CONDITIONS FOR THE ACCESS TO AND THE USE OF THE WEBSITE WWW.MAGIC-PDF.COM AND LICENCE AGREEMENT FOR THE MAGIC PDF SOFTWARE

The following Terms and Conditions (these “Conditions”) govern the access to and/or the use of the website http://www.magic-pdf.com and its content (the “Website”), and the Magic PDF Software (the “Software”) as described below. Any person who uses and/or accesses the Website (the “User”) thereby indicates that he/she understands and agrees to these Conditions as set by the Website and Software owner, Magic PDF Inc. (the “Provider”). Please read these Conditions carefully as your access to and use of the Website and its Software means that you have read, understood and accepted, without reservation, these Conditions.
In some cases, the access to and/or the use of specific content accessible through the Website may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the content to which they relate or are provided when such content is accessed. The specific conditions will always prevail over these Conditions.
This license supersedes any other agreements, oral or written, and may not be changed without an express or written agreement.

1. GENERAL

1.1 Through the Website and the web pages located therein, the User may access, download and/or use the Software and its related services, including any modifications, updates, upgrades, enhancements and related documentation made accessible by the Provider through the Website in accordance with these Conditions and the Software licence as described herein. These Conditions govern the use of the Software and the Website as described herein and constitute a license agreement between the Provider and the User who indicates that he/she understands and agrees to these Conditions and consents to the download, installation and operation of the Software on his/her computer.
1.2 The User agrees to access and/or use the Website and the Software in accordance with these Conditions, the relevant applicable conditions for the use of specific content or services, applicable law and accepted principles and practices, indemnifying the Provider and any third parties for any loss or damage that may be caused by the User as a result of breaching these obligations.

2. PERSONAL DATA PROCESSING

If in some cases it is necessary to provide some personal data (e.g. by filling a registration form) in order to purchase and/or use the Software or specific content, the processing of such data will be carried out in accordance with the Provider's Privacy Policy and the applicable Data Protection laws. Please refer to the Provider’s Privacy Policy article for more information.

3. SOFTWARE LICENCE

3.1 In accordance with these Conditions, the Provider makes accessible through the Website its software called “Magic PDF” (the “Software”). The User can download the Software from the Website and install it on his machine. The Software is a desktop application tool (PDF editor and converter) that allows the User to edit, create, convert PDF files.
3.2 The User may install a registered copy of the Software up to a pre-set number of PCs accordingly to the type of license he purchased (license valid for 1 PC, 2 PC, 3 or up tp 5 PC). The User will benefit of the registered copies of the Software for private, non-commercial use only. All other use is prohibited.
3.3 The User’s membership to the Member’s Area (with related services) is strictly personal and may not be assigned or transferred. Sharing or distributing user names or passwords will result in immediate termination of the service. The material on the Website is for private, non-commercial use only. All other use is prohibited.
3.4 This Software License is granted for the User’s private use only. No User or any other person may modify, manipulate, transform, copy or reproduce in any non-transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the Software or any of the rights granted under this License except with the express written authorization of the Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Software.
3.5 The proper use and functioning of the Software may require the User to upgrade the Software from time to time to better enjoy the latest features of the Software functionalities. The User hereby is responsible for accessing the Member’s Area of the Webiste, download and install the new Software version and upgrade the Software functionalities by his own (e.g. enabling the internet connection, etc.) in accordance with these Conditions and the Provider’s instructions. The User accepts that these Conditions, including any future variations thereto, will apply to the Software and any upgrades thereof. Notwithstanding the foregoing, the Provider will not be obliged to upgrade the Software nor update its audiovisual Content in any way.
3.6 The Provider makes no warranty and/or representation that the Software will meet the User’s requirements or expectations.

4. OWNERSHIP RIGHTS

4.1 The Website and the Software are protected by the United States and other copyright laws, international treaty provisions and other applicable laws in the Countries in which it is being used. The Provider and its suppliers own and retain all Rights, title and interest in and to the Website and the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The possession, installation, or use of the Software does not transfer the User any title to the intellectual property of the Software, and the User will not acquire any right to the Software except as expressly set forth in this Agreement.
4.2 The User may not sell, lease, licence, assign, rent, loan, resell or otherwise transfer, share, sub-license the Software with or without consideration. The User may not reverse engineer, decompile, merge or disassemble the Software in any way. The User may not modify, or create derivative works based upon, the Software in whole or in Part. The User shall not copy the Software nor its documentation in any way.
4.3 The User may not permit Third Parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. The User may not remove any proprietary notice or label placed on the Software. All rights not expressly set forth hereunder are reserved by the Provider. The User may not back up electronic/digital content. A back up copy is safely stored in the Member’s Area of the Website. The User may not use the Software for any illegal purposes.

5. DISCLAIMER OF WARRANTIES

5.1 The User expressly agrees that the use of the Software is at his own sole risk. The Software is provided on an "as is" and on an "as available" basis. We do not make, and hereby disclaim, any representations or warranties regarding the Software, the Website and its Content or any portion thereof, either express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose or non-infringement of any third party rights. In particular, we don’t make any download speed performance guarantee.
5.2 The User assumes any and all risks incorporated in downloading, installing, and using this Software. The user hereby agrees that the Provider will not be liable for direct, indirect, special or consequential damages or any loss of revenue, profits or data arising in connection to the use of the Website, the Software and their Content even if the Provider has been advised of the possibility of such damages. Furthermore, the Provider’s aggregate liability arising with respect to this agreement will be limited to the product replacement or to the refund of the initial purchase price according to the terms of the refund policy set forth in this agreement. The User agrees that the Provider shall not be liable to the User or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.
5.3 The Provider will make reasonable efforts to keep the Website and Software operational. However, possible technical difficulties or routine Website maintenance and upgrades may, from time to time, result in temporary service interruptions. The Provider also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Software with or without notice. The User agrees that the Provider shall not be liable to him or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service provided by the Website and the Software.

6. TERMINATION

6.1 The User agrees that the Provider in its sole discretion may terminate this Agreement, the User’s Website ID, password, account (or any part thereof) or use of the Software for any reason including, without limitation, when the Provider believes that the User has violated or acted inconsistently with this Agreement. The Provider may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The User agrees that any termination of the User’s access to the Website or Software content under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that the Provider may immediately deactivate or delete his account and/or ban him from any further access to the Website, Software and related content. Termination shall not relieve the User of any obligations to pay accrued charges. The User agrees to destroy any and all copies of this software upon termination and in accordance with law.

7. PRIVACY POLICY

7.1 The Provider fully respects the User’s right to privacy and will not collect any personal information about the User without his clear permission. Any personal information which the User volunteers to the Provider will be treated with the appropriate standards of security and confidentiality. The Provider is dedicated to protect the User's privacy. This privacy statement explains our privacy practices for the Website. The Provider believes it is important that Users are fully knowledgeable about the use of their personal information. By using the Website and/or purchasing the Software, the User expressly consents to the terms of this policy.
7.2 The Provider allows the User to visit the Website without revealing any personal information about himself. The User’s visit to the Website is completely anonymous. The User may volutarily share his name and email account information upon installation of the free trial version in order to use the program features for free throughout the duration of the free trial period (from 3 up to 7 days). By agreeing to the End User License Agreement, the User acknowledges that he may receive discount coupons, special offers or promotions by email referred to Magic PDF and other products at the email address used upon installation. Sharing name and email address information is not compulsory; the User may interrupt the installation process at any time by clicking on the “Cancel” button. After installation of the Free Trial Version, the User has the possibility to opt out from our Mailing Lists by clicking on the opt-out link contained in our promotional emails or by contacting our Customer Support team.
With reference to the purchase process, the Provider will collect the User’s personal information only if the User intentionally fills out the purchase web forms available at the “Join” webpage. The User gives permission to the Provider to use these data for the sole purpose of processing orders through the Website in compliance with this policy. The User’s financial information may be retained by the Provider’s billing provider as a record of any transaction the Provider undertakes with the User. If the User makes a purchase from the Website, the User will be asked to provide his First Name, Last Name, Email, Country, Zip or Postal code, City, Address, Phone, Card holder name, Card number, Card expiration date, CVV2. The Provider and / or the Provider’s billing provider will use such information only for processing the User’s order and to send important Product Specific Information such as Purchase Receipt, Invoice or Software Activation key. The information the User provides will not be sold, rented, leased or otherwise forwarded to any third party. The Provider does not distribute or share the User’s personal information beyond what is strictly necessary to fulfill the Provider’s obligations towards the User upon purchase. The Provider may provide your personal information if necessary, in the Provider’s good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant, or order or to protect the rights of the Provider himself or others.
7.3 Cookies are identifiers that a web site can send to your browser to keep on your computer in order to facilitate your next visit to the site. The use of cookies is an industry standard, and many web sites use them. The Website does not use cookies that persist on your hard-drive. The Website does use dynamic, non-intrusive session cookies, which reside in your browser's memory only for the duration of the User’s session, to assist in the ordering and purchasing process. The Website also uses data collected through session cookies for the purpose of identifying the source of traffic (which ad or link the User used to reach the Website), and general patterns of activity on the Website. No personally identifiable information is stored in this cookie. The Provider uses this data to better understand what services and support is valuable to its customers, and how he can continue to provide the best online experience possible to Users.
7.4 The Website provides links to external websites. The Provider does not monitor or control the content of such web sites or whether such web sites collect or process your personal data. When you click on one of those links, you leave the Website environment and enter linked sites/pages that the Provider does not control and for which the Provider cannot be responsible. The Provider assumes no liability whatsoever for any kind of material available at such sites and recommends that the User should review their separate privacy policies and practices.
7.5 By using the Website or any product provided through the web site, the User expressly consents to the use and disclosure of information as described in this Privacy Policy. The Provider may occasionally update this Privacy Policy. Any changes will be posted to the Website, so the Provider encourages the User to continuously review the Website’s Privacy Policy. All Privacy Policy changes will take effect immediately upon their posting on the Website. The User’s continued use of the Website will indicate the User’s acceptance of these changes.

8. PAYMENTS

8.1 The User’s account will be considered delinquent if the User’s credit card company or bank refuses for any reason to pay the amount billed upon purchase. The User agrees to pay the Provider all reasonable attorneys fees and collection agency costs incurred by the Provider to collect any past due amounts.
8.2 The User is responsible for obtaining and maintaining all needed computer hardware, software, firewall configurations and communication equipment to operate the Software. The Provider makes no claim to ownership or other control or rights to any software recommended by the Software. None of the fees entitles the User, as a Purchaser, to any ownership, licensing rights or recourse with regard to the use of the software other than the rights offered by the Software owner or licensors.

9. REFUND POLICY

9.1 Before purchasing Magic PDF, the Provider invites the User to read and fully understand the Refund Policy governing all transactions made through the Website. By completing the purchase the User unconditionally agrees to this Refund Policy and its Terms and Conditions.
9.2 Since the Software is non-tangible irrevocable goods, the Provider does not issue refunds once the order is completed and the product is delivered. As a customer, the User is responsible for understanding this upon purchasing any item from the Website. However, the Provider realizes exceptional circumstances can take place and thus he will grant a full refund (“special 7 day guarantee”) in the following cases:
1. NON-DELIVERY OF THE PRODUCT: the User fully understands that the Provider’s system automatically emails the User a software registration key after the order is complete. This means that the registration key will be provided via email only after the User's payment is successfully received by the Provider. Sometimes it may happen the software activation email gets lost for reasons not necessarily dependent from the Provider (User’s firewall configuration, internet connectivity, email system delays, etc.). In order to better service its clients and give a timely response to every problems, the Provider guarantees a full refund in case the User verifies with his Financial Institution that the payment actually went through, then he informs the Website’s Customer Support about the “non-delivery of the product” (eg. the registration key has not been emailed) and the Provider fails to provide such registration key within 24 hours from the time of the User's notification (Sundays are not counted being the offices closed).
2. TECHNICAL IRREPARABLE DEFECTS AND / OR GRAVE DIFFICULTIES WITH THE PRODUCT: although the Software is thoroughly tested before its release, unexpected errors may occur. In a case like this, the User must first report the technical problem to the Website’s Customer Support. It is necessary the User provides a full description of the technical problem (for example, we recommend the User to add error codes, error text lines, screen shots or detailed description of the bug or corrupt functionality) along with his notification of “technical irreparable defect and / or grave difficulties of the product”. Under no circumstance, the User will be entitled to any billing arrangement if he does not provide a detailed description of the problem and / or he does not cooperate with the Website’s Customer Support. Once the Provider has verified the problem is related to a technical defect of the Software and not to the User’s improper use, the Provider will refund the purchase for its full amount in case he fails to fix the technical defect within 7days from the time of the User’s notification. NOTE: This last category does not cover Operating System compatibility issues. As a consumer, the User is responsible for validating the compatibility of the Software before placing an order with the Provider. The technical and operative system requirements are published on the Website. The Provider invites all Users to check all system requirements before placing an order.
9.3 While the Provider is willing to consider other circumstances, the User acknowledges that in order to protect the integrity of the Provider’s offerings, all other refund requests will be dealt with on a case-by-case basis without guarantee.
9.4 If the User is eligible for a refund (non-delivery, technical irreparable defects or grave difficulties), he must contact the Provider within the first 7 days from the date of his purchase in order to setup any sort of billing arrangement. The User has to make sure his refund request is in line with the above Conditions. The Provider’s Billing Department will examine each application within 24 hours and it will reply to the User in the next 48 hours to notify whether the refund request is compliant with these Conditions. Once the refund request is approved, the User will receive an email confirming the payment has been reversed and his credit card (or bank account) has been credited for the full amount of the purchase. The credit will appear up to 14 business days later in the User’s account statement. NOTE: Refunds will be made in the same manner as the User purchased the Software. For example, if he purchased the Software by credit card, the credit card account will be credited.
9.5 The Provider will refund the User only for the amount paid for the Software plus any appropriate taxes charged with that order.

10. GOVERNING LAW AND JURISDICTION

10.1 This Agreement and the obligations of the parties hereto shall be governed by and construed in accordance with the laws applicable in the Republic of Panama, excluding any conflicts of law dispositions.
10.2 Each party agrees (i) that any dispute, including but not limited to any difference, claim, counter-claim, controversy, action or proceeding relating to this Agreement shall be brought in any court of competent jurisdiction in the Republic of Panama, and for that purpose now irrevocably and unconditionally attorns and submits to the jurisdiction of such court; (ii) not to oppose any such action or proceeding on the basis of forum non conveniens or for any other reason; and (iii) not to oppose the enforcement against it in any other jurisdiction of any Order duly obtained from such court as contemplated by this section.

11. MISCELLANEOUS

11.1 The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys fees.

12. MODIFICATION

12.1 The Provider reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is the User’s obligation to routinely review these terms and conditions and the User’s continued use of the Website following any such change (whether or not the User has reviewed such change) constitutes a binding acceptance to follow and be bound by the terms and conditions as changed.

13. SUPPORT

13.1 You can contact the Provider’s Customer Support by email. Under no circumstances will the Provider have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications or phone support. In the Website the User will find clear contact details to which he can submit his questions, FAQ pages that answer all common issues and, if he does not find his answers there, the Provider’s Customer Support will make any effort to solve any problem as soon as possible.

 

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