End user agreement for Visual Barcode Designer
This Download User License Agreement ("DULA") is a legally binding AGREEMENT between you and Inlite Research, Inc. ("INLITE") pertains to any and all of the ClearImage Software Development Kit (the "SDK"), comprised of software modules and files, User Distribution Kit ("UDK"), and electronic documentation. The UDK consists of ClearImage COM Run Time Modules, License Manager application and associated help files.
Certain terms of this agreement may be superseded by any separate agreement that you may have, during the period of use, with INLITE, such as an ISV or OEM agreement.
By selecting "I Agree" and clicking "Next", installing, copying, or otherwise using the SDK, you agree to be bound by the terms of this DULA.
GRANT OF LICENSE. Any rights not clearly and expressly granted to you under this DULA are reserved to Inlite Research Inc. Provided you have paid all applicable fees, registered the SDK with INLITE, and otherwise complied with this DULA, then INLITE grants you the following personal, non-exclusive, non-transferable, limited rights:
a. You may use the SDK on any individual single computer; copy the SDK for archival purposes, provided any copy must contain all of the original SDK's proprietary notices.
b. You may use SDK solely for the purpose of evaluating the performance of ClearImage products, and to develop your own products that interface to parts of the UDK (the "PRODUCTS").
c. You may copy the UDK separately, or incorporate it into your PRODUCTS' installation process, in order to use the UDK and install its components onto the target computers.
d. Following 60 days after first installation, the continued use of this SDK will require a separate Run Time License for selected modules that you may want to operate. The use of installed UDK components on the target production computers will also require such licenses, which may be purchased from INLITE Research Inc.
e. You may not redistribute, rent, lend, lease or otherwise provide this SDK to other parties. They must obtain it on their own behalf.
f. You may not decompile, disassemble, extract or otherwise reverse engineer any component of the SDK.
g. This license is in effect till terminated. INLITE may terminate this license for failure to follow the conditions of the agreement. Upon termination all copies of the software must be erased and may not longer be used by you.
h. No other use of the SDK is authorized, except as provided above.
DEMO VERSION. If INLITE designates the SDK as a "Demo" or "Evaluation" version, then your license rights under this DULA your use is restricted solely to allow you to determine whether to purchase an ongoing license to the UDK and other INLITE products. You acknowledge that any Demo version is merely a technology demonstration, which may not be at the level of performance or compatibility of generally available INLITE products. Demo Versions are provided strictly on an "as is" basis.
OWNERSHIP, COPYRIGHT and TITLE. The SDK is owned by INLITE and is protected by copyright laws and international treaty provisions. INLITE retains title to and ownership of the SDK. All copies and portions of the SDK, in any form, belong to INLITE, which retains all rights not expressly granted. Nothing in this DULA constitutes a waiver of INLITE's rights under United States copyright law or any other law.
NO WARRANTY. INLITE MAKES NO WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT) WITH RESPECT TO THE SDK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INLITE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL CREATE ANY NEW WARRANTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SDK. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATIONS OF REMEDIES. IN NO EVENT WILL INLITE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AGREEMENT AND/OR YOUR USE OF THE SDK OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN INLITE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INLITE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).
INDEMNIFICATION. You agree to defend, indemnify, and hold INLITE and its suppliers harmless from and against any claims or lawsuits, including attorneys' reasonable fees, that arise or result from the use or distribution of your software products, provided that INLITE gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense, and cooperates with you, at your expense, in defending or settling such claim.
U.S. Government Restricted Rights. This SDK is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or 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 as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. Contractor/Manufacturer is Inlite Research Inc. 615 Templeton Ct. Sunnyvale, CA 94087.
NO WAIVER. The failure or delay by any party to enforce any provision of this license shall not be construed to be a waiver of such provision, and the waiver by any party of any breach or violation of this license shall not be deemed to constitute a waiver of any future succeeding breach or violation.
GOVERNING LAW. This DULA is governed by the laws of the State of California. Should any court of competent jurisdiction declare any term of this DULA void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
ARBITRATION. You hereby agree that any and all disputes that arise out of or relate in any way to this DULA will be subject to the arbitration in California, the United States. The arbitration award shall be final and binding on you and INLITE, and both parties agree to be bound thereby.
WAIVER OF TRIAL BY JURY. YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS DULA.
Should you have any questions concerning this DULA, please contact INLITE: 615 Templeton Ct. Sunnyvale, CA 94087 (408) 737-7092 firstname.lastname@example.org
© 2003 Inlite Research Inc. All rights reserved.