> Software License Agreement
BarcodeLib.com End-User License Agreement
By purchasing, installing, or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.
IMPORTANT - READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and BarcodeLib.com, ("BarcodeLib.com"), for the software containing this LICENSE which may also include the software's source code written in a high-level computer language, associated media, printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE").
Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. BarcodeLib.com retains all rights not expressly granted to you in this LICENSE.
I. GRANT OF LICENSE
BarcodeLib.com hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, use and modify the SOFTWARE only as authorized below.
1. TRIAL LICENSE
You are granted a license for evaluation purposes only. You are authorized to install, copy, and use the SOFTWARE for the sole purpose of testing its functionality. You are not allowed to integrate it in end products or use it for any commercial purpose.
2. DEVELOPER LICENSE
The SOFTWARE is licensed per Developer seat. This means that each individual using or otherwise accessing the SOFTWARE for development purposes must obtain the right to do so by purchasing an individual product license.
You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same licensed developer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer for development purposes. If you install the SOFTWARE on a network server for the sole purpose of internal distribution among licensed developers this is not considered "use" of the SOFTWARE.
(1) SINGLE DEVELOPER LICENSE
You are granted 1 (one) Developer License as defined above.
(2) 5 DEVELOPERS LICENSE
You are granted 5 (five) Developers License as defined above within your company.
(3) UNLIMITED DEVELOPERS LICENSE
You are granted unlimited Developers License as defined above within your company.
(4) SMALL COMPANY DEVELOPER LICENSE
Small Company Developer License grants the rights of the Single Developer License to qualifying organizations, which gross annual revenue or funding of less than USD 2,000,000.
3. WINDOWS APPLICATION DISTRIBUTION LICENSE
Windows Application Distribution License grants any number of developers in your company to use the software, and deploy and install derived product on any number of personal computers (not server).
4. SERVER LICENSE
Server License grants any number of developers in your company to use the library, and deploy and install derived product on respective number of servers.
(1) SINGLE SERVER LICENSE
Single Server License grants any number of developers in your company to use the library, and deploy and install derived product on 1 server.
(2) 3 SERVERS LICENSE
3 Servers License grants any number of developers in your company to use the library, and deploy and install derived product on 3 servers.
(3) 5 SERVERS LICENSE
5 Servers License grants any number of developers in your company to use the library, and deploy and install derived product on 5 servers.
(4) OEM SERVER LICENSE
OEM Server Licese grants any number of developers in your company to use the library, and deploy and install derived product on unlimited number of servers.
5. REDISTRIBUTION RIGHTS
All product licenses are perpetual and royalty-free. You can ship the SOFTWARE as part of solutions for internal company use, hosted applications, commercial solutions deployed at end-users' sites or shrink-wrapped software (PACKAGED PRODUCTS) in which the SOFTWARE is integrated.
You may distribute the SOFTWARE provided that:
- You reasonably ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than your solution. Technical guidelines will be provided upon request, please contact firstname.lastname@example.org for more details.
- You need to duly inform your customers that they are not allowed to use the SOFTWARE independently from your solution. For use of the SOFTWARE in design-time (i.e. within a development environment such as Microsoft Visual Studio) your customers need to purchase the appropriate number of Developer Licenses from BarcodeLib.com.
6. GOLDEN SUPPORT
As part of your license you are entitled to "Golden" Support Package which guarantees response within 24 hours.
II. OTHER RIGHTS AND LIMITATIONS
- At no time may the SOFTWARE be used for development purposes by other individuals than the licensed developer(s).
- The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you.
- The SOFTWARE may not be distributed part of products that have the same or substantially the same primary functionality.
- You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights. Under no circumstances shall you grant further redistribution rights to the end-users of your solution.
- You may not use the BarcodeLib.com product names, logos or trademarks to market YOUR SOFTWARE.
- You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.
- You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
- You agree to indemnify, hold harmless, and defend BarcodeLib.com and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of YOUR SOFTWARE
BarcodeLib.com shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic files only. Documentation shall also be provided in electronic format.
You are eligible for free minor upgrades (e.g. v.1.3 to v.1.6), patches, and bug-fixes for the SOFTWARE, including source code if applicable. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. BarcodeLib.com may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.
BarcodeLib.com reserves the right to discontinue at any time any product, shall it be offered individually or as a part of a product SUITE. However, BarcodeLib.com is obligated to provide the proper level of support for all discontinued products for a period of 1 (one) year after the date of discontinuance.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of BarcodeLib.com are owned by BarcodeLib.com unless explicitly stated otherwise. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.
VII. LIMITED WARRANTY
BarcodeLib.com warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. BarcodeLib.com does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than BarcodeLib.com. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and BarcodeLib.com's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if BarcodeLib.com receives written notice of breach of warranty within thirty days after the warranty period expires.
VIII. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BarcodeLib.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, 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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, BarcodeLib.com'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO BarcodeLib.com FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. BarcodeLib.com IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM BarcodeLib.com IS FOR TESTING USE ONLY AND BarcodeLib.com HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF BarcodeLib.com'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN BarcodeLib.com AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.