Dynamsoft Barcode Reader logo

License Agreement

Revision date: 11/17/2020

  • 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 RETURN, WITHIN THIRTY (30) DAYS OF PURCHASE, THE SOFTWARE TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.

  • GRANT OF LICENSE

    Dynamsoft Corporation grants you a nonexclusive 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 key codes.

  • 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 that the 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.

    "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.

    "Device" is defined as a unique mobile device (Android or iOS), or in the case of web clients running the JavaScript library of the Software, a Device means a unique web client of a device.

  • EVALUATION LICENSE

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

  • DEPLOYMENT LICENSE

    A Deployment License allows copying, deployment, and distribution of the Redistributables to end users, without further distribution, as part of the Application for Licensee's internal business purposes, not for resale to external customers.

    Unless otherwise stated in a duly executed agreement, annual subscription licenses will be valid for one year beginning with the license activation date. Licensee can extend licenses for additional one-year periods (each a "Renewal Term").

    The Deployment Licenses is on a per Application basis with the following licensing options available:

    (a) Per Barcode Scan License

    With a Per Barcode Scan License, the Software can be used for a given number of unique barcode scans. For example, if the Software is used to scan an image with four unique barcodes, it will be counted as four scans. When continuously scanning barcodes from a video stream, duplicated codes will be counted as one scan.

    (b) Per Device License

    One Device License allows access to a single Application that integrates the Software from one unique Device. Once a Device uses the Software, the Device will continue to take a seat until the end of the current license term. The device count resets to zero in the beginning of each new license term.

    (c) Per Concurrent Device License

    With a Concurrent Device License, the Software can be used by a given quantity of Devices simultaneously. For example, with a five Concurrent Device License, Licensee can have five Devices at most access a single Application to use the Software at the same time.

    (d) Per Server License

    Per Server License is priced based on the number of server virtual CPUs (vCPUs) or logical processors that are available to the Software. One Server License allows deployment of a single Application to one production server or failover server, with the Software running on a maximum of four vCPUs or four logical processors. Additional cores can then be licensed in increments of two vCPUs or logical processors for gradual increases in core density growth.

    For cloud deployment, depending on the cloud platform, one Server License allows deployment of single Application to cloud servers with CPU resource up to:

    • 4 AWS vCPU
    • 4 GCP Core
    • 4 Azure vCore
    • 4 Hyperthread on a bare-metal Intel processor with Hyperthreading

    For a dynamic server deployment with extreme variation of usage or serverless setup, please contact sales at sales@dynamsoft.com for alternative licensing models, such as per domain or per application.

  • OEM AND OTHER DEPLOYMENT LICENSE

    Licensee must execute a separate License Agreement prior to making any commercial deployment of the Application to third-party end users, either directly or through distribution channels. This may happen when Licensee acts as an ISV, OEM, or solution provider offering the Application to the public.

    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.

  • CONFLICT OR INCONSISTENCY

    Unless expressly agreed otherwise, in the event of any conflict or inconsistency between the terms and conditions of this Agreement and any terms or conditions set forth in any purchase order or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail.

  • 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.

  • LICENSE AGREEMENT ARCHIVE