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License Agreement

Revision date: 06/16/2020

  • IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DYNAMSOFT CORPORATION, FOR THE DYNAMSOFT SOFTWARE AND ANY ACCOMPANYING ONLINE OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS ("AGREEMENT"). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY, WITHIN THIRTY (30) DAYS OF PURCHASE RETURN THE SOFTWARE TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.

  • DEFINITIONS

    "Software": The "Dynamic Web TWAIN" software and its add-ons, 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 that the Licensee develops using the Software and into which the Redistributables are incorporated, and which contain 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.

    "Domain" is defined as a top-level or second-level domain. For example, www.dynamsoft.com and www.dynamsoft.ca are two Domains; www.dynamsoft.com and www.microsoft.com are two Domains.

  • GRANT OF LICENSE

    Dynamsoft Corporation grants you a nonexclusive, non-transferable, and limited license to use the Software products and functionalities for which you have paid the applicable fees solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Software is licensed, not sold, to you. If you acquire or are provided with any directories, components, connectors, utilities, data, or other items from Dynamsoft for use with the Software (the "Additional Software"), your use of the Additional Software shall be in accordance with the terms, conditions, obligations and restrictions of this Agreement. The term "Software" as used herein, shall be deemed to include the Additional Software and Third Party Products.

  • INSTALLATION AND USE

    You may install and use the Software only in the configuration and for the number of licenses acquired by you. In order to exercise your rights to the Software under this License Agreement you must activate your copy of the Software in the manner described during the launch sequence. Dynamsoft may control the number and type of licenses and the use of the Software by keycode(s).

  • EVALUATION/NOT FOR RESALE LICENSE

    An Evaluation or Not For Resale License may be used only for the number and type of licenses specified and for the period specified on the Software packaging, ordering or shipping documentation. Upon expiration of such specified period, the Software associated with an Evaluation or Not For Resale license will not function unless Licensee has obtained applicable full license keys. If the ordering or shipping documentation specifies a particular project, the Software may be used only with that project.

    An Evaluation License may only be used for evaluation purposes and may not be used for production purposes. Notwithstanding any other provision of this Agreement, Software provided under an Evaluation or Not for Resale License are provided "AS-IS" without warranty of any kind, express or implied. An Evaluation License or Not for Resale License may be terminated by Dynamsoft Corporation upon written notice at any time.

  • DEPLOYMENT LICENSE

    Dynamsoft provides flexible licensing for the Software. You can choose the most suitable license model for your Application. There are two license models for you to choose from: annual subscription and perpetual licensing.

    Per Server License

    By default, the Software is licensed on a per-Server per-Application basis.

    One Server License is required to deploy a single Application that uses the Software to one Server. Once a Server License has been purchased, unlimited desktops are permitted to access the Application.

    Servers apply to both physical and virtual servers, and include but not limited to production servers all of which require licensing: failover servers, development servers that are also used for testing purposes, quality assurance servers, testing servers, and staging servers. Continuous integration servers (build servers), and localhost development servers don't require additional licenses.

    For cloud deployment, please contact sales at sales@dynamsoft.com for flexible licensing models, such as per domain, per usage or per user.

    Per Named User License

    The Software can be licensed on a per-Named User per-Application basis. One Named User License allows access to a single Application by one named user. Named User Licenses are not transferrable. They can be either perpetual or annual.

    Named User licensing is ideal for environments that have a low user density per Server.

    Per Domain License

    The Software can also be licensed on a per Domain per Application basis. With a Domain License, Licensee can deploy one Application to one Domain.

    Annual License Renewal

    Annual subscription licenses will be valid for one year beginning with the license order date. Licensee can extend the licenses for additional one-year periods (each a "Renewal Term").

    Additional Licensing Options

    Additional licensing options can be discussed with sales@dynamsoft.com.

  • EFFECT OF TERMINATION

    Upon the expiration of subscription licenses, all rights of Licensee granted under this Agreement (including but not limited to, the rights to use, and/or provide access to the Software) shall terminate, and, Licensee 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 and decommission all copies of the Software.

  • RESTRICTIONS

    All rights reserved. Except as expressly permitted by this License Agreement or by applicable law you may not: (a) lease, loan, resell, assign, sublicense, or otherwise distribute the Software or any of the rights granted by this License Agreement without the express written permission of Dynamsoft; (b) use the Software to provide or operate Application Service Provider (ASP), service bureau, marketing, training, outsourcing services, or consulting services, or any other commercial service related to the Software or to develop training materials; (c) modify (even for purposes of error correction), adapt, or translate the Software or create derivative works therefrom except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) in any way reverse engineer, disassemble or decompile the Software (including reverse compiling to ensure interoperability) or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) use the Software to develop a product which is competitive with any Dynamsoft Corporation product offerings; (f) use unauthorized keycode(s); (g) disclose any Software benchmark results to any third party without Dynamsoft prior written approval, (h) permit third party access to, or use of the Software except as expressly permitted herein, and (i) distribute or publish keycode(s). If you wish to exercise any right to reverse engineer to ensure interoperability in accordance with applicable law, you shall first provide written notice to Dynamsoft and permit Dynamsoft, at its discretion, to make an offer to provide information and assistance reasonably required to ensure Software interoperability with your other products for a fee to be mutually agreed upon (if any).

    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.

    Old license(s) will be revoked within 60 days after a license upgrade.

    The Company reserves the right to change these terms and conditions at any time without prior notice.

  • OWNERSHIP

    Dynamsoft and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property. You agree to retain the Software, the terms of this Agreement as well as any Software benchmark or similar tests (whether performed by you, Dynamsoft or any third party) in confidence and prevent them from unauthorized disclosure or use except with Dynamsoft prior written consent. Dynamsoft and/or its suppliers reserve all rights not expressly granted to you. Dynamsoft suppliers are the intended third- party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein.

  • 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 USE OR INABILITY TO USE DYNAMSOFT PRODUCTS.

  • APPLICABLE LAWS

    This agreement shall be governed by the laws of Canada.

    Business Practices. You shall (a) comply with all applicable laws and regulations, including the Foreign Corrupt Practices Act, (b) avoid deceptive, misleading or unethical practices, and (c) conduct business in a manner that reflects favorably at all times on the Dynamsoft Products and Dynamsoft's goodwill and reputation.