Eym Barcode Reader OCX distribution permissions and end-user license agreement

EymBarcodeReader Development Toolkits

GRANT OF LICENSE. Through this Agrement ("LICENSE"), Eric Metois ("EYM") permits you ("LICENSEE") the right to use one copy of EymBarcodeReader for development purposes on any single computer, provided EymBarcodeReader is in use on only one computer at any time. EymBarcodeReader is "in-use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into the permanent memory (i.e. hard disk, CD-ROM, or other storage device) of that computer.

REDISTRIBUTION OF EYMBARCODEREADER. To obtain rights to distribute EymBarcodeReader as part of the LICENSEE`s software application or derivative works ("PRODUCT"), you must acknowledge your agreement with, and compliance to, the terms of this license. Upon your acceptance of the terms of this License Agreement, EYM grants the LICENSEE, a limited, non-exclusive, right to use, reproduce, display or otherwise distribute or transfer limited copies of EymBarcodeReader runtimes, as an integral part of PRODUCT, in executable form only provided that:

a) If the use is for corporate in-house development project(s), purchase of this development kit grants you a single site license with unlimited runtime distribution, within your derivative work(s), within a single site (physical location or address which does not exceed more than one square kilometer).

b) The LICENSEE`s product is targeted to end users.

c) The LICENSEE`s PRODUCT is not a development tool. PRODUCTs that can be used in other products (such as ActiveX controls) are considered to be development tools.

d) You do not use EYM`s name, logo, or trademarks to market the LICENSEE`s software application without prior written approval of EYM.

e) You agree to indemnify, hold harmless, and defend EYM from and against any claims or lawsuits, including attorney`s fees, that arise or result from the use or distribution of your software application.

f) You provide EYM with a list of names of all commercially available software (current and future) that includes the EymBarcodeReader runtime.

g) Only the EymBarcodeReader runtime can be distributed. Distribution of any EYM documentation, source code, or the distribution unlock codes, is a violation of this agreement.

h) LICENSEE includes a statement substantially similar to the following within derivative work`s documentation and about box: "This product contains portions of image processing code owned and copyrighted by Eric Metois, Ph.D., (www.metois.com)."

If ANY of the above terms are not applicable to LICENSEE`s situation, or any of the above cannot be complied with, or you feel that you need modifications to this license, for any reason; then you must obtain an expanded direct license from EYM for your derivative works.

EYM reserves the right to charge the LICENSEE ten dollars ($10.00) per unlicensed copy of PRODUCT. The license granted herein and all of your rights to use or maintain possession of EymBarcodeReader shall terminate immediately upon breach of any material provisions of this Agreement.

This license grants rights to LICENSEE for only the EYM code (EymBarcodeReader) mentioned above and does not convey any other rights of use or distribution to EYM technology.

COPYRIGHT. The Software is owned by EYM and is protected by United States copyright laws and international treaty provisions. LICENSEE may not remove or alter the copyright notice from any copy of EymBarcodeReader or any copy of the written materials, accompanying EymBarcodeReader.

OTHER RESTRICTIONS. This EYM License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. LICENSEE may not rent or lease EymBarcodeReader. LICENSEE may not reverse engineer, decompile or disassemble EymBarcodeReader except to the extent such foregoing restriction is expressly prohibited by applicable law.

NO WARRANTY. ANY USE BY LICENSEE OF EYMBARCODEREADER IS AT THE LICENSEE`S OWN RISK. EYMBARCODEREADER IS PROVIDED FOR USE ONLY WITH WINDOWS PRODUCTS AND RELATED APPLICATION SOFTWARE AND/OR HARDWARE PRODUCTS. EYMBARCODEREADER IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EYM DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EYM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO EYMBARCODEREADER.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall EYM be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this EYM product, even if EYM has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

INDEMNIFICATION BY LICENSEE. If LICENSEE distributes EymBarcodeReader in violation of this Agreement, you agree to indemnify, hold harmless and defend EYM and its suppliers from and against any claims or lawsuits, including attorney`s fees that arise or result from the use or distribution of EymBarcodeReader in violation of this Agreement.


Limited Warranty

LIMITED WARRANTY. EYM warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. EYM`s entire liability and your exclusive remedy shall be, at EYM`s option, either (a) return of the price paid, or (b) replacement of the SOFTWARE that does not meet EYM`s Limited Warranty and which is returned to EYM with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permissible by applicable law, in no event shall EYM be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this EYM product, even if EYM has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

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