FastIO ClibPDF License Agreement
(Version 1.0, November 15, 1998) 


THIS SOFTWARE LICENSE AGREEMENT is made and entered into this ____ day of 
________, 199__ (the effective date) by and between FastIO Systems in El Cerrito, California and  
__________________________, a  ______________________ corporation having offices at 
_____________________________________________________________________________.



0. SUBJECT MATTER.

This License applies to the computer program known as "FastIO ClibPDF Library." The 
"Program", as used below, refers to such program. The Program is copyrighted work, and its 
copyright is held by FastIO Systems (the "Licensor").


BY USING, MODIFYING OR DISTRIBUTING THE PROGRAM OR ANY LARGER WORK 
THAT IS BASED ON THE PROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THIS 
LICENSE, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR 
MODIFYING THE PROGRAM OR PRODUCING LAEGER WORK BASED ON IT. 
NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR 
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS.  IF YOU DO NOT ACCEPT 
THESE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM IN ANY FORM OR 
MANNER. 



1. DEFINITIONS.

1.1. "Source Code" means a collection of files for the Program in forms that are used for 
originally creating it or making modifications to it, including all modules it contains, plus any 
associated interface definition files, scripts and files containing development environment settings 
used to control compilation and installation of an Executable, or a list of differential comparisons 
between different versions of it.

1.2. "Executable" means the Program in any form other than source code.

1.3. "Larger Work" means any work which combines the Program or portions thereof with code 
not governed by the terms of this License.

1.4. "You" means the Licensee, an individual or a legal entity exercising rights under, and 
complying with all of the terms of, this License or a future version of this License issued under 
Section 7.1. For legal entities, "you" includes any entity which controls, is controlled by, or is 
under common control with you.

1.5 "Use" means an act of copying, editing, modifying, incorporating, distributing, and executing 
(or running) the Program or a subset thereof, or any Larger Work.  A Use of the Program or its 
subset or any Larger Work in an application program or any Executable is defined as having these 
programs make application programming interface (API) calls in any Larger Work to the Program 
or any portion of it in any form, regardless of whether the Program or any portion of it is complied 
and included in the Executable, or the Program as a whole or any part thereof or the Larger Work 
reside in a shared library, loadable  module, or dynamic link library (DLL), and regardless of 
whether the application programs and the Program run on the same central processing unit (CPU) 
or on separate CPUs via bus, interconnection, or network.   Whether the shared library, loadable 
module, or DLL containing any portion or form of the Program have been distributed separately 
by users exempt from Commercial Use license fees is irrelevant to the determination of 
Commercial Use status of an application program.

1.6 "Commercial Use" means any Use, as defined in section 1.5, of the Program or Larger Work 
for which any payment, profit or financial gain is sought directly or indirectly, regardless of 
whether the payment or gain is actually realized, and regardless of whether it is realized 
immediately or in the future (or in the past, if it is possible).  

The following examples are considered as instances of Commercial Use (This is not an exhaustive 
enumeration):

(a) Use of the Program or any Larger Work in any application programs, modules or plug-ins, 
shared libraries, loadable modules, dynamic link libraries (DLLs) that are sold or licensed 
commercially in accordance with the definition of Commercial Use as defined in Section 1.6 of 
this License.

(b) Deployment of the Program or any Larger Work on a Internet or Intranet for server-side 
applications including, but not limited to, Commercial Uses as a part of World Wide Web 
services, or as a downloadable plug-in or applets in Web browser or any client application.

(c) Use of the Program or any Larger Work in an application program used in any business-related 
activities, including but not limited to industrial or laboratory testing, production or process 
control, product research and development,  factory automation, quality and inventory control, 
report generation, production planning and executive or any level of decision making.

1.7  "Payment" (that you receive in the context of Commercial Use) means any form of monetary 
payment, securities and certificates of deposits, rights to exercise options for future financial gain, 
payment in employee or any form of benefits, promise or delivery of services, settlements of legal 
or commercial disputes, tangible materials and anything or right of financial value now or in the 
future.  Direct payments include, but are not limited to, a payment for a copy of the Program or 
Larger Work, or for services or acts of using, modifying, developing or deploying the Program or 
Larger Work.  Indirect payments include, but are not limited to, inclusion of the Program or 
Larger Work as a "no charge" or free "bundled" item in connection with services or product for 
which a payment is made.  For the purpose of this License, a single instance of Commercial Use 
for a product or a service classifies the entire use for that product or service as Commercial Use, 
even if all other instances uses are offered free of charge. 

1.8 "License Fee" shall mean a one-time non-refundable fee payable to the Licensor per version 
of the Program (check items applicable):

	___	a) Use in Single Product or Application		$1000
	___	b) Web Serving Single IP Address		$1000
	___	c) Unlimited Corporate-wide License		$5000


If a) or b), list the product name or IP number/server hostname below:


______________________________________________________________________.


License Fee for upgrading the License to a new version of the Program shall be one half of the 
original License Fee if more than two (2) years have elapsed from the first date on which the most 
recent license has taken effect.  You are entitled to upgrades without charge, if and when they 
become available,  for the duration of two years from the first date on which the most recent 
license has taken effect.  If you do not wish to upgrade, you may continue to Use the version of 
the Program obtained under a valid license forever.  License Fee is non-refundable under any 
circumstance, even if  Use in a product, application, or web server is discontinued.  However, the 
License may be transferred to another product or Web server if the Use do not overlap.


1.9 "Single Product" means a product sold or licensed under a common principal product name.  
Individual programs in a "suite" or a "bundle" of applications are considered separate products 
unless they are always distributed as a single entity and no instances exist where they are 
distributed, sold or licensed separately.  However, different versions of the same product, for 
example, "WordProcessor Plain" and "WordProcessor Pro," are considered as a Single Product.


2. LICENCES.

Licensor hereby grants you a non-exclusive world-wide license to Use the Program, provided that 
Commercial Licence Fee as set forth in section 1.8 has been paid if applicable, and subject to third 
party intellectual property claims, and provided that you comply with all of the conditions set 
forth in this License.

2.1
You may copy and distribute literal (i.e., verbatim) copies of the Programs source code, 
documentation, and this License as you receive it throughout the world, in any medium.

2.2
You may Use the Program, create Larger Work based on the Program and distribute copies of 
such throughout the world, in any medium.


3. CONDITIONS.

This License is subject to the following conditions: 

3.1 The Source Code version of the Program, modified or unmodified, may be distributed only 
under the terms of this License or a future version of this License released under Section 7.1, and 
You must include a copy of this License with every copy of the Source Code You distribute. You 
may not offer or impose any terms on any Source Code version that alters or restricts the 
applicable version of this License or the recipients rights hereunder.

3.2 You must cause the modified files to carry prominent notices indicating that you have 
modified the files and the date of change.

3.3 You must disclose any knowledge of intellectual property rights relevant  to the modifications 
and additions as set forth in Section 6.

3.4 The Licensor, at his option, is entitled to incorporate modifications and additions to the 
Program to upgrade the Program that the Licensor distributes without any need for permission or 
any obligation (other than a moral obligation to acknowledge in relevant source files) if the 
modified source code is sent to the Licensor or is distributed via a generally accessible medium, 
including but not limited to mailing lists, Usenet News, Web and FTP sites, CDROMs and any 
other medium.  However, you are not obligated to release or distribute modified source code of the 
Program or source code to any Larger Work.

3.5 You may not modify the binary data on the second line (after the %PDF-n.n line) of the PDF 
files created by the Program or any Larger Work.

3.6 You may not modify the data enclosed by [ ] (and including [ ] themselves) in the /Producer 
field of the Info dictionary of the generated PDF files.  However, you may append any additional 
information to the /Producer string.


4. LICENCE FEE AND PAYMENT.

4.1  License Fee.  In consideration of the license rights granted in Article 2 above, Licensee shall 
pay the License Fee for the Program and its documentation as set forth in 1.8 above.  All amounts 
payable hereunder by Licensee shall be payable in United States funds without deductions for 
taxes, assessments, fees, or charges of any kind.  Checks shall be made payable to FastIO Systems 
and shall be forwarded, with a signed copy of this agreement to:


		FastIO Systems
		840 Norvell Street
		El Cerrito, California  94530
		U.S.A.

or the current address noted on the FastIO Systems' Web site: http://www.fastio.com/

4.2  Taxes and Other Charges.  Licensee shall be responsible for paying all (i) sales, use, excise, 
value-added, or other tax or governmental charges imposed on the licensing or use of the Program 
or documentation hereunder, (ii) freight, insurance and installation charges, and (iii) import or 
export duties or like charges, if any.


5.  EXEMPTIONS AND DEFERMENT OF COMMERCIAL LICENCE FEE.

Exempt users listed herein are not required to send the signed license agreement to the Licensor.  
However, you are still bound by all applicable conditions and requirements as set forth in this 
License.

5.1  Non-Profit Organization Exemption

	Uses, modifications, distributions, or deployments of the Program or Larger Work by 
educational institutions, non-profit organizations, and governments are exempt from Commercial 
Use license fees.  Uses by consultants, contractors to non-profit organizations are exempt under 
this provision if the Use of the Program or Larger Work is solely in projects for these non-profit 
organizations only and no other Use is made for any for-profit activities.

5.2  Private Non-Profit User Exemption

	Non-profit uses, modifications, and distributions of the Program or Larger Work by a private 
individual are exempt from Commercial Use license fees.  An example of use that does not fall 
under this exemption is the for-profit uses by individuals, such as in consulting or private business 
practices.

5.3 End-User Exemption

	Executing (running) a program or application that incorporates the Program or Larger Work is 
exempt from License Fee if you have obtained the Program or Larger Work in binary executable 
form only, and you do not own, control the rights to, or Use any portion of the source code of the 
Larger Work or any portion of the source code that makes API calls to the Program or Larger 
Work.

5.4  Shareware Developer Deferment

	Commercial Use  in shareware applications that use the Program or any Larger Work is 
exempt from licence fees until the cumulative total gross receipt of payments for all of your 
shareware applications that Use the Program exceeds ten (10) times the Commercial Use license
fee for the Program.  Thereafter, the shareware applications enjoy no special status and you
must obtain Commercial Use license from the Licensor.

5.5  Posting the Program on a public access information storage and retrieval service for which a 
fee is received for retrieving information (such as an on-line service, an Internet service provider 
or a portal) is not considered a Commercial Use, provided that the fee is not content-dependent 
(i.e., the fee would be the same for retrieving the same volume of information consisting of 
random data) and that access to the service and to the Program is available independent of any 
other product or service. An example of a service that does not fall under this section is an on-line 
service that is operated by a company and that is only available to customers of that company. 
(This is not an exhaustive enumeration.) 

5.6  Distributing the Program on removable computer-readable media, provided that the files 
containing the Program are reproduced entirely and verbatim on such media, that all information 
on such media be redistributable for non-commercial purposes without charge, and that such 
media are distributed by themselves (except for accompanying documentation) independent of 
any other product or service.  Examples of such media include CD-ROM, magnetic tape, and 
optical storage media. (This is not intended to be an exhaustive list.) An example of a distribution 
that does not fall under this section is a CD-ROM included in a book or magazine. (This is not an 
exhaustive enumeration.) 


6. INTELLECTURAL  PROPERTY  MATTERS

6.1 Third Party Claims. 

If You have knowledge that a party claims an intellectual property right in particular functionality 
or code (or its utilization under this License), you must include a text file with the source code or 
Executable distribution titled "LEGAL" which describes the claim and the party making the claim 
in sufficient detail that a recipient will know whom to contact.   The LEGAL file must be 
prominently visible by any file or directory viewer and file listing commands, and reside in the 
same prominently visible directory or folder containing this License.  If you obtain such 
knowledge after you make your modification or Larger Work available to others, You shall 
promptly modify the LEGAL file in all copies you make available thereafter, notify FastIO 
Systems in writing or e-mail (fastio@fastio.com) and shall take other steps (such as notifying 
appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the 
Program that new knowledge has been obtained. 

6.2 Patented API, technology and algorithm. 

If your modification or Larger Work includes an application programming interface (API), 
technology or algorithm, and you own or control patents which are reasonably necessary to 
implement that API, technology or algorithm, you must also include this information in the 
LEGAL file. 


7. VERSIONS OF THE LICENSE. 

7.1. New Versions. 

FastIO Systems may publish revised and/or new versions of the License from time to time.  Each 
version will be given a distinguishing version number. 

7.2. Effect of New Versions. 

Once the Program has been published under a particular version of the License, You may always 
continue to use it under the terms of that version. You may also choose to use the Program under 
the terms of any subsequent version of the License published by FastIO Systems. No one other 
than FastIO Systems has the right to modify the terms applicable to the Program created under 
this License. 

7.3. Derivative Works. 

If you create or use a modified version of this License (which you may only do in order to apply it 
to code which is not already part of the Program governed by this License), you must (a) rename 
Your license so that the phrases "FastIO", "ClibPDF" or any confusingly similar phrase do not 
appear anywhere in your license and (b) otherwise make it clear that your version of the license 
contains terms which differ from the FastIO ClibPDF License. 

8. DISCLAIMER OF WARRANTY. 

THE PROGRAM IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT 
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 
WITHOUT LIMITATION, WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, 
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE 
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH 
YOU.  SHOULD ANY PART OF THE PROGRAM PROVE DEFECTIVE IN ANY RESPECT, 
YOU (NOT FASTIO SYSTEMS OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF 
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY 
PART OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
DISCLAIMER. 


9. TERMINATION. 

This License and the rights granted hereunder will terminate automatically if You fail to comply 
with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. 
All sublicenses to the Program which are properly granted shall survive any termination of this 
License. Provisions which, by their nature, must remain in effect beyond the termination of this 
License shall survive. 


10. LIMITATION OF LIABILITY. 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL FASTIO SYSTEMS, 
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE PROGRAM, OR ANY 
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON 
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF 
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY 
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY 
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 
PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT 
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT 
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 


11. U.S. GOVERNMENT END USERS. 

The Program is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), 
consisting of "commercial computer software" and "commercial computer software 
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government 
End Users acquire the Program  with only those rights set forth herein. 


12. MISCELLANEOUS. 

This License represents the complete agreement concerning subject matter hereof. If any 
provision of this License is held to be unenforceable, such provision shall be reformed only to the 
extent necessary to make it enforceable. This License shall be governed by California law 
provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-
of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity 
chartered or registered to do business in, the United States of America: (a) unless otherwise 
agreed in writing, all disputes relating to this License (excepting any dispute relating to 
intellectual property rights) shall be subject to final and binding arbitration, with the losing party 
paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in 
Contra Costa County, California, under the auspices of JAMS/EndDispute; and (c) any litigation 
relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern 
District of California, with venue lying in Contra Costa County, California, with the losing party 
responsible for costs, including without limitation, court costs and reasonable attorneys fees and 
expenses. The application of the United Nations Convention on Contracts for the International 
Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a 
contract shall be construed against the drafter shall not apply to this License. 


13. RESPONSIBILITY FOR CLAIMS. 

You are responsible for damages arising, directly or indirectly, out of Your utilization of rights 
under this License, based on the number of copies of the Program you made available, the 
revenues you received from utilizing such rights, and other relevant factors. You agree to work 
with affected parties to distribute responsibility on an equitable basis. 



	IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to 
execute this Agreement as of the date first set forth above.


FastIO Systems					Licensee



By ___________________________________		By ____________________________________

						   (Authorized Company Signature)


Title _________________________________		Title __________________________________


