End user agreement for VintaSoftTwain ActiveX Control
END-USER LICENSE AGREEMENT FOR VintaSoftTwain ActiveX
IMPORTANT-READ CAREFULLY: This License Agreement is a legal Agreement between you (physical or juridical person) and VintaSoft Ltd for VintaSoftTwain ActiveX. VintaSoftTwain ActiveX is not for sale, it can be licensed only.
By installing, copying, or otherwise using and testing the VintaSoftTwain ActiveX, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install or use the VintaSoftTwain ActiveX.
Any reproduction or redistribution of the VintaSoftTwain ActiveX or any its component not in accordance with this License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Program VintaSoftTwain ActiveX is protected by copyright law and the laws and international agreements on intellectual property rights.
You may not use VintaSoftTwain ActiveX and may not accept this Agreement if you are not of legal age to form a binding contract with VintaSoft Ltd, or you are a person barred from using the Software under the laws of any countries.
Developer is defined as an individual engaged in the development of a software application.
Application is a software application which includes VintaSoftTwain ActiveX but adds significant functionality besides that provided by the Software.
Server is a non-user physical or Virtual computer, configured with the intention of multiple users accessing it as a service, or as a background service.
Assembly is the file VSTwain.dll.
Software is the VintaSoftTwain ActiveX which includes its .dll file, documentation, examples etc.
Computer is a machine that manipulates data according to a set of instructions.
Software is licensed on a per-developer and per-server basis. One license is required for each developer who uses Software and for each server on which Software is installed.
There are 3 basic types of licenses issued for Software, these are:
Single Developer License.
Perpetual license for One developer (physical person) allows to use the Software in any development environment. Software cannot be used in any server applications with this license. Developer Licenses are non-transferable between developers. Assembly can be re-distributed as a part of your Application, but the total annual re-distribution of Assembly should not exceed 100 (one hundred) copies in any year. When your application reach the limit you must upgrade your Single developer license to the Site license or buy the second one. Your Applications redistribution via Internet is prohibited.
The license for One physical office of organization (juridical person) allows to use Software by any Developer of this office in any development environment. Software cannot be used in any server applications with this license. Site Licenses are non-transferable within the organization or between them. Assembly can be re-distributed as a part of your Application without limitations (royalty free). Your Applications redistribution via Internet is allowed. Site license can also be issued for a developer (physical person) who wants to have all its preferences.
The license for One physical Server allows to use Software on a Server which has unique domain or IP address, for example "www.my-server.com", "my-local-server" or "126.96.36.199". License will be valid only for applications located on the Server, for example "http://www.your-server.com/somepath/app1", "https://www.your-server.com/somepath/app2" or "http://188.8.131.52/somepath/app3". Each Server requires separate license (not royalty free).
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE USE OF SOFTWARE OR ANY ITS COMPONENTS.
The license granted to you under this Agreement is for the most current version of the Software. We may release future versions of the Software under this Agreement or a different agreement. Nothing in this Agreement is a commitment to you of compatibility between the Software and any future versions of the Software.
Evaluation version grants a Developer the non-exclusive, non-transferable right to use one copy of the Software solely for evaluation purposes, but not for general production or commercial use, during an unlimited evaluation period. It's prohibited rent, lease, sell, modify, decompile, disassemble, crack, otherwise reverse engineer evaluation version of the program. Distribution of the evaluation version of the program via Internet is allowed, but VintaSoft Ltd reserves the right to prohibit certain file-sharing Internet resources to re-distribute the program in case of suspected misuse of this law. After the responsible personnel of the resource receive our official notification by e-mail they must remove the program from the resource and ban the name "vintasoft" to prevent appearance of unauthorized copies and cracks further.
Single Developer license allows to use Software in design mode by one Developer - the license owner.
Site license allows to use Software in design mode by any Developers of one company at a single physical address.
Server license allows to use Software by any Developers of one company on a single network server for the purpose of integrating Software with web applications and web content you produce.
Create commercial Applications based on Software and distribute them with your executables, no royalties required.
Create as many Applications as you want, no additional fees.
Ask for advice in unusual cases and receive feedback directly from VintaSoft development department specialists based on many years of experience.
Receive new versions and updates for free within one year (starting from the purchase date).
Receive support for the most current version of the Software via Email within one year (starting from the purchase date).
When the free updates/support period expires, you can continue using the last installed version of Software or you ask renewal for your license update/support subscription for the next year. One-year subscription costs 50% of a license price.
YOU MAY NOT:
Use Software to create a service or utility which exposes the functionality of Software to other users in such a way as to compete, directly or indirectly, with the Software.
Create DLLs, or any other derivative tools to be used at design mode in any development tools, which includes Software.
Only the Assembly (VSTwain.dll) can be distributed. Distribution of the Software documentation, source code, or the registration codes, is a violation of this agreement.
Use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, crack, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement.
Distribute your applications without a written agreement that prohibits reverse engineering, decompilation or disassembly of the applications.
If the Software provided to you is an upgrade or revised version of Software previously provided to you under this Agreement or a predecessor agreement, you may not loan, rent, lease, or otherwise transfer the original non-upgraded Software to another user or on separate computer.
Transfer or assign this Agreement or your license to any third party
Allow further redistribution of our Software by your Customers.
Use our name, logo or trademarks to market your application.
This Agreement is effective until terminated.
Either party may terminate this Agreement for cause upon ten (10) days written and sent via e-mail notice in the event the other party breaches a material provision of this Agreement, which breach is not cured within ten (10) days.
In addition, all of your rights to access the Software under this Agreement shall automatically terminate in the event of an unauthorized assignment.
Upon any termination of this Agreement, your right to use the Software terminates, but the provisions under "YOU MAY NOT", "NO WARRANTIES", "NO LIABILITY FOR CONSEQUENTIAL DAMAGES", "COPYRIGHT NOTICE" continue to apply to both of us even after termination.
You (meaning your organization) agrees to be identified as a customer of ours and agree that we may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials and web site. You hereby grant us a license to your name and any of your trade names and trademarks solely in connection with the rights granted to us pursuant to this marketing section.
VintaSoft Ltd expressly disclaims any warranty for the Software.
THE Software AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF the Software REMAINS WITH YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL VintaSoft Ltd BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR OF INABILITY TO USE the Software.
Copyright(C) 2007-2010 VintaSoft Ltd, All rights reserved.
Any rights not expressly granted herein are reserved.
CHANGES TO THIS AGREEMENT.
This License Agreement may be periodically updated by VintaSoft Ltd. Up to date one will be immediately published on our web site.