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License Agreement

Revision date: 07/04/2018
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  • 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

    The SOFTWARE can be licensed on a per developer or per runtime basis.

    DEVELOPER LICENSE

    Dynamsoft grants you a limited, non-exclusive, non-transferable (with an exception; see below) license to use the SOFTWARE and the accompanying materials for the purpose of development by a single named developer.

    With Per-Developer License, only one named developer can use the SOFTWARE for development purpose. Licenses are non-transferable (with an exception; see below) between developers. Therefore, if a company has "x" developers who will use the SOFTWARE, the company requires "x" Per-Developer licenses purchased. The same provision applies if, for example, the developers will not be working with the SOFTWARE at the same time.

    Non-transferable: a PER-Developer license can be transferred to another developer of the same organization, only if the licensee is no longer working for the organization.

    RUNTIME LICENSE

    For each Runtime License of the SOFTWARE purchased by Licensee, Dynamsoft grants Licensee a non-exclusive, non-transferable, perpetual, worldwide license for one (1) named end user to install Application on one personal computer or workstation.

    If such named end user installs the Application on an additional computer or workstation, one extra Runtime License is required.

  • GRANT OF LICENSE FOR WEB APPLICATIONS

    DEVELOPMENT

    For the purpose of development on a personal computer, You can use the Evaluation License key.

    DEPLOYMENT

    Server License is a Deployment License which is required to deploy one Application to each production server, development server, testing server, and staging server.

    The Server License is on a per-server per year basis.

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

    Effect of Termination: Upon the expiration of Yearly Server 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

    DEVELOPMENT

    • 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

    RUNTIME LICENSE FOR DEPLOYMENT

    Runtime License allows for distribution of a single application on limited 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.

    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 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.