Policies / License Agreement

Privacy

Smile will not sell, trade or rent information supplied to us by our customers, except as may be required by law. This includes your contact information, as well as any data that you supply to us in the course of a technical support interaction or customer service inquiry.

Here is detailed information on our data processors. You may contact Greg Scown regarding privacy and data request issues.

Details:

Smile sends email announcements of product updates and new versions, as well as special offers and company news. You can unsubscribe from or change preferences for any of our email lists easily by clicking on the unsubscribe links that appear at the end of every announcement.

Purchases are processed by one of our e-commerce providers, Paddle or FastSpring. Any information given in the course of a purchase transaction is protected in accordance with the privacy policy of the site where the purchase is made. For more information, see the privacy policies of Paddle or Fastspring.

In-product and online store orders for PDFpen and PDFpenPro are conducted by our reseller Paddle.com. Paddle.com is the Merchant of Record for those orders. Paddle provides customer service inquiries relating to those orders, and processes returns.

Smile does not advertise its products or websites using unsolicited commercial email (UCE) / spam, nor do we condone this behavior from others.

PDFpen & PDFpenPro License Agreement

SmileOnMyMac, LLC dba Smile grants you a non-exclusive license to use the PDFpen software, subject to the terms of this Agreement.

You may do the following:

  1. You may use PDFpen only for evaluation purposes. If you continue to use PDFpen for more than 20 documents or 30 days, you MUST purchase a serial number. Purchase of serial number(s) absolves you of this condition for the number of copies specified in your receipt.
  2. You may install and use PDFpen on any computer used primarily by you (for example, work and home computers or desktop and laptop computers). You may not share PDFpen or use it concurrently on different computers.
  3. You may make backup copies of PDFpen, provided that you retain possession of your originals and your copies. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original.
  4. You may distribute copies of the PDFpen disk image or post them on a public server, provided these are unaltered copies of the then latest version of the PDFpen disk image obtained directly from Smile.
  5. You may transfer all your rights to use PDFpen to another person or legal entity provided that you transfer this Agreement, that the recipient accept the terms of this Agreement, and that you transfer any serial number(s) and all copies and versions of PDFpen. You must not retain any copies of PDFpen.

You may not do the following, as PDFpen is the property of Smile:

  1. Sell, sublicense, rent, lease, or lend PDFpen.
  2. Disclose your purchased PDFpen serial number(s) to anyone other than Smile.
  3. Modify, reverse engineer, disassemble, decompile, or make any attempt to discover the source code of PDFpen.
  4. Use PDFpen for purposes other than authorized in this License Agreement.

You agree to use all reasonable efforts to ensure that persons employed by you or under your direction and control abide by the terms and conditions of this End User Agreement. In the event you become aware that PDFpen is being used by such persons in a manner not authorized by this License Agreement, you shall immediately notify Smile in writing of such facts and you shall immediately use all reasonable efforts to have such unauthorized use of the PDFpen immediately cease, and to recover any copies of PDFpen that were made in violation of this License Agreement.

PDFpen and its component parts are protected by Copyright and other proprietary rights of SmileOnMyMac and one or more third party software vendors. You may be held directly responsible by such vendors for acts relating to the Product’s component parts that are not authorized by this License Agreement. To the maximum extent permitted by law, you waive all claims and causes of action against such third party software vendors that arise under this Agreement or in connection with your use of, or inability to use PDFpen or its components. No such third party software vendors will have any liability of any kind to you in connection with any such claims or causes of action.

Smile warrants that for 30 days after purchase of serial number(s) PDFpen will perform in substantial accordance with its documentation.

There are no other warranties or conditions, express or implied, and Smile DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be to return the price you paid for your serial number(s).

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

The following general terms apply:

  1. This agreement takes effect upon your use of the software and remains in effect until terminated. You may terminate this agreement by destroying all copies of PDFpen and any serial number(s) in your possession. This license terminates automatically if you fail to comply with any term or condition. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
  2. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  3. This license agreement may be modified only by a writing signed by you and us.
  4. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  5. This license agreement is governed by the laws of the State of Oregon.
  6. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
  7. U.S. GOVERNMENT END USERS. This Section 7 applies to all acquisitions of the Product by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. By accepting delivery of the Product, the government hereby agrees that the Product qualifies as “commercial” computer software within the meaning of the acquisition regulation(s) applicable to this procurement. The terms and conditions of this End User Agreement shall pertain to the government’s use and disclosure of the Product, and shall supersede any conflicting contractual terms or conditions. If this End User Agreement fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to return the Product, unused. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): “Restricted Rights – Use, duplication and 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 (OCT. 1988).”

Additional terms related to exporting in Microsoft® Word format:

For purposes of the following, LICENSEE refers to SmileOnMyMac, LLC dba Smile. Service refers to the OmniPage Cloud Document Conversion Service licensed by Smile from Kofax, Inc.

  1. LICENSE GRANT
    LICENSEE (or Reseller) grants to End User a non-exclusive, non-transferable right and license to use the Software as incorporated in to the Product, for the sole and limited purpose of accessing the Service.
  2. PROPRIETARY RIGHTS; RESTRICTIONS
    End User acknowledges that LICENSEE and its assigns retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the Product, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded requests to the Service unless otherwise approved in writing by LICENSEE and its assigns; (b) use the Service for commercial use; (c) access the Service with software or means other than the LICENCEE Product; (d) copy, reproduce, distribute, or in any other manner duplicate the Software or Service, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software, in whole or in part; (f) modify, port, translate, or create derivative works of the Software or Service; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software or Service; (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any Product or Software to be placed in the public domain.
  3. LIMITATION OF LIABILITY
    LICENSEE AND ITS assigns TOTAL LIABILITY TO END USER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, REGARDLESS OF THE FORM OF ACTION WILL NOT EXCEED AGGREGATE FEES ACTUALLY PAID TO LICENSEE DURING THE ONE YEAR PERIOD PRECEDING SUCH CLAIM.
  4. CONSQUENTIAL DAMAGE
    IN NO EVENT SHALL LICENSEE OR ITS assigns BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR REVENUES AND LOSS OF PROFITS, EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. TRADEMARKS
    Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Software or Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by LICENSEE and its assigns with such company, or (ii) an endorsement or approval of such company of LICENSEE and its assigns and its products or services.
  6. DATA
    (a) DATA. As part of the Service, LICENSEE and/or its assigns collects Data, as defined below, to convert submitted images. In accepting the terms and conditions of this Agreement, End User acknowledges, consents and agrees that LICENSEE and/or its assigns may collect the Data as part of the Service and that such information shall only be used by LICENSEE and/or its assigns or third parties acting under the direction of LICENSEE and/or its assigns, pursuant to confidentiality agreements, to convert and process as directed by End User. LICENSEE and/or its assigns will not retain or use the information elements in any Data for any purpose except as set forth above. “Data” means the image files provided by End User hereunder or generated in connection with the Service. “Data” also includes the date and time, page count, license details, language, software version, and a unqiue identifier, which may be retained and used to prevent abuse of the service.
    (b) Any and all information that End User provide will remain confidential and may be disclosed by LICENSEE and its assigns, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by LICENSEE or its assigns.
  7. AVAILABILITY
    Service requires Internet access, to be provided at the sole expense of End User. Service is subject to periods of unavailability. Service is subject to change or removal without notice.