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BarcodeLib.com 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 OEM LICENSE

Developer OEM License allows 1 developer royalty-free distribution unlimited user licenses and install software on unlimited servers, which can be placed in more than 1 place.

3. SINGLE DEVELOPER OEM LICENSE

You are granted 1 (one) Developer OEM License as defined above.

4. 5 DEVELOPER OEM LICENSE

You are granted 5 (five) Developer OEM License as defined above within your company.

5. UNLIMITED DEVELOPER OEM LICENSE

You are granted unlimited Developer OEM License as defined above within your company.

6. SMALL COMPANY DEVELOPER LICENSE

Small Company Developer License grants the rights of the Developer OEM License to qualifying organizations, which gross annual revenue or funding of less than USD 2,000,000.

7. WINDOWS APPLICATION DISTRIBUTION LICENSE

Windows Application Distribution License allows any number of developers in your company use the software, and deploy and install derived product on any number of personal computers (not server).

8. SINGLE SERVER LICENSE

Single Server License allows any number of developers in your company use the library, and deploy and install derived product on 1 server.

9. 3 SERVER LICENSE

3 Server License allows any number of developers in your company use the library, and deploy and install derived product on 3 server.

10. 5 SERVER LICENSE

5 Server License allows any number of developers in your company use the library, and deploy and install derived product on 5 server.

11. Premium Support

As part of your license you are entitled to Premium Support Package which guarantees response within 48 hours.

When Licensee's Premium Support is active, Licensee may contact BarcodeLib by email, and phone.

Support is provided to the appropriate individual that (1) ordered the License; or (2) is integrating the Library.

If Single Developer License is purchased, technical support is provided for only one Developer.

If the 5 Developer License is purchased, technical support is provided for up to 5 Developers.

If the Unlimited Developer License is purchased, technical support is provided for an unlimited number of Developers.

If Licensee's Premium Support Subscription expires, Licensee may obtain free technical support by referring to support documents at the website (http://www.barcodelib.com) or by renewing the Priority Support.



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



III. DELIVERY

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.



IV. UPGRADES

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.



V. TERMINATION

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.



VI. COPYRIGHT

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.





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