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License Agreement

Revision date: 05/09/2017
PDF Version

  • IMPORTANT: PLEASE READ CAREFULLY.

    THE USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS OF THE LICENSE AGREEMENT PRINTED BELOW. IF YOU DO NOT AGREE WITH THE TERMS, THEN YOU SHOULD NOT USE THE SOFTWARE OR ANY PART OF THE SOFTWARE IN ANY WAY. BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

  • THE AGREEMENT

    This document is a legal agreement between Dynamsoft Corporation, Canada, hereafter referred to as "Dynamsoft", and the user of the software, hereafter referred to as "You".

  • DEFINITIONS

    "SOFTWARE": The "Dynamsoft Barcode Reader" software and all accompanying components, parts and documentation that have been developed by Dynamsoft.

    "Licensee" means the person or entity entering into this Agreement with Dynamsoft. Any person who is entering into this Agreement on behalf of an organizational entity represents that he or she has the authority to bind such entity.

    "Application" means an end user program which Licensee develops using the SOFTWARE and into which the Redistributables are incorporated, and which contains significant additional functionality over and above the functionality contained in the SOFTWARE. Read what is counted as a single application to learn more.

    "Redistributables" are those runtime libraries and files intended for duplication and distribution with the Application.

    "Deployment License" allows Licensee to copy, deploy and redistribute the Redistributables to end users as part of the Application.

    "Server" is defined as a computer configured with the intention of multiple users accessing it as a service, or as a background service running as an automated process. The computer has SOFTWARE loaded into its RAM.

    "DESKTOP APPLICATION" means a self-contained Application that runs from a local drive and does not require network connectivity to operate.

    "WEB APPLICATION" means an Application that is deployed to a Server and has multiple users accessing it remotely.

  • EVALUATION LICENSE

    Dynamsoft grants Licensee a limited, non-exclusive, non-transferable license to use the SOFTWARE for evaluation purposes for 30 days. An Evaluation License does NOT grant you the right to distribute the SOFTWARE.

  • GRANT OF LICENSE FOR DESKTOP APPLICATION

    DEVELOPER LICENSE

    For each Developer License of the SOFTWARE purchased by Licensee, Dynamsoft grants Licensee a non-exclusive, non-transferable, perpetual, worldwide license for one (1) named programmer to install the SOFTWARE on a personal computer and use the SOFTWARE, including its documentation and sample code, in the development of One Application. Licensee may install the SOFTWARE on one additional development computer, such as a laptop computer, for use by Licensee's named programmer when such person's primary development computer is not available.

    The Developer License is on a per Application per named programmer basis.

    SITE LICENSE

    Dynamsoft grants you a limited, non-exclusive, non-transferable license to use the SOFTWARE and the accompanying materials for the purpose of development of one Application by an unlimited number of developers, by a single company, at a single geographic location as designated at the time of purchase. Additional licensing is required to install or use the SOFTWARE by developers at other locations, and/or in other companies. You must not make the SOFTWARE available through any server or file sharing apparatus for use on more computers or by more users than is set out in this clause.

    Royalty free for desktop application deployment.

  • GRANT OF LICENSE FOR WEB APPLICATIONS

    Development

    For development purpose, You can use the Evaluation License key. After purchasing the Server License, you can use the Server License key.

    Deployment

    Server License is a Deployment License which is required to deploy one Application that uses the SOFTWARE to one server.

    The Server License is on a per-application, per-server basis. Types of Servers:

    • Production Server - Each production server requires a Server License.
    • Non-production Server - Development servers, testing servers, and staging servers are all considered non-production servers. Each non-production Server requires a Non-Production Server License.

    Yearly License

    The Software can also be licensed on a per Application per year basis. With a Yearly License, You can deploy one Application to an unlimited number of Servers within the coverage period.

    Renewal: The Yearly License will be valid for one year following the license order date. Thereafter, You can extend the validity of the Yearly License additional one year periods (each a "Renewal Term").

    Effect of Termination: Upon the expiration of Yearly License, all rights of You granted under this Agreement (including but not limited to, the rights to use, resell, distribute, sublicense and/or provide access to the Software) shall terminate, and, You shall immediately: (a) cease incorporating the Software into the Application; (b) cease use of the Software (in any form, including partial copies in its possession or under its control), and (c) destroy all copies of the Software.

    More flexible licensing options can be discussed with sales@dynamsoft.com.

  • GRANT OF LICENSE FOR MOBILE APP

    The license of Mobile Edition

    • Includes one developer license
    • is Limited to one developed App
    • Covers both Android and iOS Apps
    • Allows for distribution of a single application on unlimited devices through Android's Google play store and Apple's iTunes store
  • RESTRICTIONS

    Your product is targeted to end users. The end user application you develop using the SOFTWARE must not be another development tool and/or SDK.

    Users of end user applications you develop using the SOFTWARE may not further use the SOFTWARE, in whole or in part, for software development, copying or distribution. You must enforce this restriction in a separate agreement between You and the end user of your applications.

    Evaluation License holders are granted the use of only one copy of the SOFTWARE per Evaluation License. The SOFTWARE is "in-use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into the storage device of that computer.

    You may make a single copy of the SOFTWARE for backup purposes only.

    You are not permitted to directly or indirectly expose the properties and methods of the SOFTWARE.

    All rights reserved. You may not use, copy, modify, reverse engineer, decompile, disassemble, sell, transfer, hire, lend or otherwise distribute the SOFTWARE or any accompanying materials in whole or in part, except as expressly provided for in this agreement.

  • OWNERSHIP

    Dynamsoft shall remain the owner of the SOFTWARE.

    This license does not confer any ownership rights to the licensee.

  • WARRANTIES AND DISCLAIMERS

    THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK.

    NO LIABILITY FOR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCE SHALL DYNAMSOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USING OR INABILITY TO USE DYNAMSOFT PRODUCTS.

  • APPLICABLE LAWS

    This agreement shall be governed by the laws of Canada.