End user agreement for BarCodeWiz Barcode ActiveX Control
READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DISCONTINUE USE OF THE SOFTWARE IMMEDIATELY.
1. Grant of License for Registered Users
BarCodeWiz, Inc grants you a non-exclusive license to use the enclosed Software in accordance with the license you purchase. You may create copies of the Software for backup purposes only. Copies made for any other purpose are prohibited.
a. Single or Multiple User License. You may use the Software on one computer per license. You may install the software on one additional machine (i.e. your personal computer and a laptop) providing both copies will never be used simultaneously. This license does not give you permission to distribute the Software to entities outside of your organization.
b. Corporate User License. The Software may be used on an unlimited number of computers by an unlimited number of users within your organization. This license does not give you permission to distribute the Software to entities outside of your organization.
c. Single or Multiple Developer License. You may use the Software for development on one computer per license. You may install the Software on one additional machine (i.e. your personal computer and a laptop) providing both copies will never be used simultaneously. You may distribute the files barcodewiz.dll and barcodewiz_x64.dll royalty-free to an unlimited number of users along with your application. The source code examples provided by BarCodeWiz, Inc may be distributed only as compiled or password protected within your application. You may not sell, rent, lease or distribute our Software alone. You may not sell, rent, lease or distribute your software in any way that would compete with BarCodeWiz, Inc.
d. Corporate Developer License. The Software may be used on an unlimited number of computers by an unlimited number of developers and users in one physical location. A physical location is defined as your company premises within a 25-mile radius. You may distribute the file barcodewiz.dll royalty-free to an unlimited number of users along with your application. The source code examples provided by BarCodeWiz, Inc may be distributed only as compiled or password protected within your application. You may not sell, rent, lease or distribute our software alone. You may not sell, rent, lease or distribute your software in any way that would compete with BarCodeWiz, Inc.
e. Demo License. The Software may be used for evaluation purposes only for a period of no more than 30 days. After the period of 30 days you must either discontinue the use of the software or purchase a User or Developer license.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with BarCodeWiz, Inc. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by BarCodeWiz, Inc. You may not remove any proprietary notice of BarCodeWiz, Inc from any copy of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof with the exception of a Developer License as stated in 1c and 1d. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers you own as long as you only use it on one computer per license at a time.
You acknowledge that the Software contains proprietary trade secrets of BarCodeWiz, Inc and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.
6. Limited Warranty
BarCodeWiz, Inc WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND BarCodeWiz, Inc 'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT BarCodeWiz, Inc 'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BarCodeWiz, Inc REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BarCodeWiz, Inc DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BarCodeWiz, Inc DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL BarCodeWiz, Inc BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF BarCodeWiz, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BarCodeWiz, Inc 'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to BarCodeWiz, Inc all copies of the Software and Documentation in your possession or under your control. BarCodeWiz, Inc may terminate this License Agreement for any reason, including, but not limited to, if BarCodeWiz, Inc finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to BarCodeWiz, Inc all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the United States of America without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Florida United States of America. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.