End user agreement for Bytescout BarCode Generator SDK
ByteScout BarCode Generator SDK License Agreement
This is a legal agreement ('Agreement') between you ('Customer'), the end user, and ByteScout ('ByteScout'). By answering 'YES' or 'Accept', by downloading, installing, copying, saving on your computer you are agreeing to accept this agreement for ByteScout BarCode SDK ('SDK') and optionally purchased source code for ('Source Code') and to be bound by the terms of this agreement. This License will continue as long as you use the SDK. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the SDK and the Source Code. If you do not agree to this Agreement then you should remove the SDK from your computer(s) and destroy all copies of the SDK immediately.
1. Grant of License. ByteScout grants a limited, non-exclusive license to use one copy of the SDK for the purpose of developing applications for the Windows environment. License is required for every single developer who uses the SDK in the software development process.
2. Runtime Distribution License. ByteScout grants you a royalty-free right to distribute copies of the runtime files for use with applications you have developed using the SDK. The SDK runtime files are listed in Exhibit A. These libraries may not be distributed for any other purpose than to accompany software that you have developed using the SDK. You may use the SDK in your specific purpose application programs, in which case ByteScout grants you permission under ByteScout's copyright to use, give away or sell such programs without additional licenses or fees, as long as all copies of these programs bear a valid copyright notice and provided that your program is not merely a set or subset of the SDK or a compilation or development tool or library which includes all or a portion of the SDK, or is otherwise a product that is generally competitive with or a substitute for the SDK. This permission is granted solely for the purpose set forth above, and you are not authorized to use the SDK in any other manner.
3. Copyright. The SDK and the authorship, systems, ideas, methods of operation, documentation and other information contained therein and all intellectual property rights related thereto is owned by ByteScout and is protected by United States copyright laws and international treaty provisions. You may make one copy of the SDK for backup purposes. You may not, under any circumstances, copy the manual and other written materials that accompany the SDK.
4. Desktop Developer License (1d barcodes only) allows Customer to use the the SDK to develop desktop applications and client-side scripts to generate one-dimensional linear barcodes
5. Desktop Developer License (2d barcodes only) allows Customer to use the the SDK to develop desktop applications and client-side scripts to generate two-dimensional barcodes
6. PRO Desktop Developer License (all barcodes) allows Customer to use the SDK to develop desktop applications and client-side scripts to generate all types of barcodes supported by the SDK.
7. Web Developer License (1d barcodes only) allows Customer to use the SDK to develop web applications, server-side applications and server-side scripts to generate one-dimensional linear barcodes.
8. Web Developer License (2d barcodes only) allows Customer to use the SDK to develop web applications, server-side applications and server-side scripts to generate two-dimensional barcodes
9. PRO Web Developer License (all barcodes) allows Customer to use the SDK to develop web applications, server-side applications and server-side scripts to generate all types of barcodes supported by the SDK.
10. Customer may install and use the SDK for software development purposes on up to 3 computers if they are used solely by the same person.
11. Customer is not allowed to temporary transfer a license to another developer and not allowed to share binary files listed in Exhibit A with other developers with the purpose of software development.
12. Customer may not lease, rent, or resell SDK or any derivative product which competes directly or indirectly with SDK without prior written agreement of ByteScout.
13. Source Code is trade secret. It is confidential and can not be published in any format or media without prior written consent of ByteScout.
14. ByteScout authorizes Customer to make archival copies of SDK Source Code for the sole purpose of backing up Source Code. All other copying of SDK Source Code is prohibited. All copies permitted to be made by this agreement must bear the following notice: 'Copyright 2008-2013 ByteScout. All rights reserved. Unauthorized use, duplication or distribution strictly prohibited by Federal Law.'
15. ByteScout does not authorize Customer to distribute SDK's Source Code.
16. Other Restrictions. You may not rent, lease, sub-license, transfer, or sell the SDK and Source Code. You may not translate, reverse engineer, decompile, disassemble the SDK.
17. Customer agree to be identified as a customer of ByteScout and that ByteScout may refer to Customer by name, trade name and trademark (if applicable) and optionally describe in brief Customer's business on ByteScout's web site and in ByteScouts's marketing materials.
The documentation, the DLL library (DLL) files, source code samples, executable utilities and any additional files included into the SDK are provided 'as is' without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and/or suitability for a particular purpose. Customer assumes the entire risk of any damage caused by the SDK and its usage.
BYTESCOUT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BYTESCOUT DOES NOT WARRANT THAT THE OPERATION OF SDK AND SOURCE CODE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
NOTWITHSTANDING THE FORM (E.G. CONTRACT, NEGLIGENCE OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST BYTESCOUT, BYTESCOUT WILL NOT BE LIABLE FOR DAMAGES WHICH EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY CUSTOMER FOR SDK OR SOURCE CODE. IN NO EVENT WILL BYTESCOUT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SDK OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IN ANY CASE BYTESCOUT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SDK UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY EVEN IF BYTESCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of the United States of America, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. You may not ship, transfer, or export the SDK into any country or used in any manner prohibited by any export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
ByteScout reserves all rights not specifically granted in this Agreement.
Web site: http://www.bytescout.com
Includes partitions from:
Copyright (C) 1999-2008 by Bruno Lowagie and Paulo Soares. All Rights Reserved. Licensed under the Mozilla Public License Version 1.1 ( http://www.mozilla.org/MPL/ )
Last Modified: May 12, 2014