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License Agreement

  • Desktop and Server
  • Mobile Edition
  • JavaScript Edition

Revision date: 01/02/2020

  • 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.

  • 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.

  • DEVELOPMENT LICENSE

    If Licensee receives a Development License, Licensee may use the number and type of licenses acquired only to develop or test. A Development License cannot be used in or transferred to a production environment. A Development License is required before Licensee can distribute the Software.

    With a Development License, Dynamsoft grants Licensee a limited, non-exclusive, non-transferable license to use the Software and the accompanying materials for the purpose of development and testing.

    • If Licensee is developing a desktop application, one Development License allows Licensee to install the Software or the Application to a maximum of ten (10) development and/or testing desktops.
    • If Licensee is developing a web application or server application, one Development License allows Licensee to install the Software or the Application to one development machine or one testing server. Licenses are non-transferable between machines. Therefore, if a company has "x" machines which will use the Software, the company requires "x" Development Licenses purchased. The same provision applies if, for example, the machines will not be working with the Software at the same time.

    Development Licenses cannot be used for production deployment.

    There is no limit on the count of named developers to share one (1) Development License.

  • DESKTOP RUNTIME LICENSE

    For each Runtime License of the Software purchased by the Licensee, Dynamsoft grants the Licensee a non-exclusive, non-transferable, perpetual, worldwide license to install the Application on one (1) personal computer.

    To install the Application on another computer, Licensee needs an additional Runtime License.

    Desktop Runtime Licenses cannot be used for deployment on Servers.

    Desktop Runtime License cannot be used for deployment on embedded devices. The Application that runs on a Windows or Linux operating system must not be embedded into a larger piece of equipment or device and become a part of it.

  • SERVER RUNTIME LICENSE

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

    One Server Runtime License allows deployment of one 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.

    • Dynamsoft does not count all the processors a server is equipped with. Instead, Dynamsoft only counts the designated logical processors or vCPUs that the processes of Dynamsoft Barcode Reader execute on.
    • If Licensee's dynamic server deployment has wide swings from peaks to valleys or Licensee is on a serverless setup, please contact sales at sales@dynamsoft.com for alternative licensing models, such as per domain, per usage, or per user.

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

    Effect of Termination: Upon the expiration of a Yearly Server License, all rights of Licensee 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, 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)
    • (c) destroy all copies of the Software.

    More flexible licensing options can be discussed via an inquiry email to sales@dynamsoft.com.

  • 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.

  • LIMITED WARRANTY AND REMEDY

    (a) Excluding Third Party Products, Dynamsoft warrants to you that: (i) for a period of six (6) months from delivery of the Software, the Software will substantially conform to the functional description set forth in its standard documentation; and (ii) for a period of six (6) months from software delivery the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and Third Party Products and media are limited to thirty (30) days from delivery, to the extent such warranties cannot be disclaimed under Section (c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Dynamsoft does not warrant that use of the Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period.

    (b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at Dynamsoft's option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Dynamsoft only if you give Dynamsoft written notice of any breach of the above-stated limited warranty, within six (6) months of delivery of the Software.

    (c) Except for express warranties stated in this limited warranty and remedy section, Dynamsoft and its suppliers disclaim all other warranties, including without limitation, any implied warranty (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of third party rights, or (iv) against hidden defects. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction. You acknowledge that in entering into this agreement, you have relied upon your own experience, skill and judgement to evaluate the software and that you have satisfied yourself as to the suitability of the software to meet your requirements.

    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.

Revision date: 01/02/2020

  • 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.

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

    "Application" means an end user iOS and Android App that Licensee develops using the Software and into which the Redistributables are incorporated, and that contains significant additional functionality over and above the functionality contained in the Software.

    "Employee App" means Application that is used by employees in Licensee's company, outsourcing vendors, and/or client companies.

    "Consumer App" means Application that is targeted at and used by consumers.

  • 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.

  • FULL LICENSE

    The license of Mobile Edition covers both Android and iOS Apps.

    One (1) Mobile Edition license is limited to one (1) Application. Native Apps that run on both Android and iOS are defined as one Application so long as they have the same set of feature, UI, and App name. A hybrid App that runs on both Android and iOS is defined as one (1) Application.

  • DEVELOPMENT LICENSE

    If Licensee receives a Development License, Licensee may use the number and type of licenses acquired only to develop or test. A Development License cannot be used in or transferred to a production environment. A Development License is required before Licensee can distribute the Software.

    With a Development License, Dynamsoft grants Licensee a limited, non-exclusive, non-transferable license to use the Software and the accompanying materials for the purpose of development and testing. One Development License allows Licensee to deploy one Application to up to ten (10) mobile devices for testing purposes.

    With one Development License, multiple named developers can use the SOFTWARE for development of one Application.

  • RUNTIME LICENSE FOR DEPLOYMENT

    One Mobile Edition License allows for distribution of a single Consumer App or Employee App on a given number of devices through Android's Google Play store and Apple's iTunes store.

    Uninstalled devices still count against the total until the renewal period restarts. Uninstalls from the previous year will not count against the total in the new year.

  • 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.

  • LIMITED WARRANTY AND REMEDY

    (a) Excluding Third Party Products, Dynamsoft warrants to you that: (i) for a period of six (6) months from delivery of the Software, the Software will substantially conform to the functional description set forth in its standard documentation; and (ii) for a period of six (6) months from software delivery the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and Third Party Products and media are limited to thirty (30) days from delivery, to the extent such warranties cannot be disclaimed under Section (c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Dynamsoft does not warrant that use of the Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period.

    (b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at Dynamsoft's option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Dynamsoft only if you give Dynamsoft written notice of any breach of the above-stated limited warranty, within six (6) months of delivery of the Software.

    (c) Except for express warranties stated in this limited warranty and remedy section, Dynamsoft and its suppliers disclaim all other warranties, including without limitation, any implied warranty (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of third party rights, or (iv) against hidden defects. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction. You acknowledge that in entering into this agreement, you have relied upon your own experience, skill and judgement to evaluate the software and that you have satisfied yourself as to the suitability of the software to meet your requirements.

    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.

Revision date: 01/14/2020

  • 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.

  • 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.

    The credits in your license package expire one year from the activation date. When you purchase a package to increase the quota, the credits are added to the original license key. The license key and expiration date remain unchanged.

    You have the option to bind your license key to a specific domain name to protect the credits from misuse.

    • (a) Per Scan License

      The Software can be licensed on a per-scan basis. For example, if an image has 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

      The Software can be licensed on a per-device basis. One Device License allows access to the Application from one web client of a 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

      The Software can also be licensed by the number of simultaneous devices accessing the Application. For example, with a five-concurrent-device license, you can have five devices at most access the Application at the same time.

    Other licensing options can be discussed via an inquiry email to sales@dynamsoft.com.

  • 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.

  • LIMITED WARRANTY AND REMEDY

    (a) Excluding Third Party Products, Dynamsoft warrants to you that: (i) for a period of six (6) months from delivery of the Software, the Software will substantially conform to the functional description set forth in its standard documentation; and (ii) for a period of six (6) months from software delivery the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and Third Party Products and media are limited to thirty (30) days from delivery, to the extent such warranties cannot be disclaimed under Section (c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Dynamsoft does not warrant that use of the Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period.

    (b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at Dynamsoft's option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Dynamsoft only if you give Dynamsoft written notice of any breach of the above-stated limited warranty, within six (6) months of delivery of the Software.

    (c) Except for express warranties stated in this limited warranty and remedy section, Dynamsoft and its suppliers disclaim all other warranties, including without limitation, any implied warranty (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of third party rights, or (iv) against hidden defects. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction. You acknowledge that in entering into this agreement, you have relied upon your own experience, skill and judgement to evaluate the software and that you have satisfied yourself as to the suitability of the software to meet your requirements.

    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.