PrecisionID
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT-READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal
agreement between you (either an individual or a single entity) and PrecisionID
(“PrecisionID”). As used in this
EULA, (“You”) shall mean the individual using, or installing the
Software together with any individual or entity, including but not limited to
your employer, on whose behalf you are acting in using or installing the
Software.
You agree to be bound by the terms of this EULA by using,
installing or copying software package(s) and related software products created
by PrecisionID (including but not limited to software components, fonts, source
code, encoders, the corresponding documentation and including any updates,
upgrades or modifications thereto) (“Software”). You shall be the (“Licensee”)
under this EULA. This EULA constitutes the complete agreement between You and
PrecisionID.
This EULA shall endure to the benefit of and be binding upon the
parties and their respective successors and permitted assigns. No amendment or
modification may be made to this EULA except in writing signed by You and
PrecisionID. If You do not agree to the terms and conditions of the EULA,
discontinue use of the Software immediately.
1.0 License Grant
In consideration for the license fee paid, and other good and valuable
consideration, PrecisionID grants to You only, the Licensee, the nonexclusive,
nontransferable, world-wide right to use the Software in accordance with this
EULA and the product license type You purchase ("License"). If
You are using this Software for your employer, this EULA also includes your
employer. You may only use the Software if it is properly licensed. As
used in this EULA, the term ("User") is defined as any
individual that uses the software.
2.0. User Licenses, Redistribution
Licenses, and Evaluation Licenses
PrecisionID offers three basic types of Licenses: User
Licenses, Redistribution Licenses, and an Evaluation License. A User License is applicable when the
Software is used internally in an organization. A Redistribution License is required when PrecisionID Software is
distributed outside of your organization.
An Evaluation License is for evaluation purposes only.
3.0. User License Options
3.1. One to Four User License
The One to Four User License allows use of the PrecisionID
Software by up to 4 users on up to 4 computers inside your organization.
3.2. Five to Ten User License
The Five to Ten User License allows use of the PrecisionID
Software by up to 10 users on up to 10 computers inside your organization.
3.3. Unlimited Internal User License
The Unlimited Internal User License allows use of the
PrecisionID Software by an unlimited number of users and computers inside your
organization.
4.0 Redistribution License
Options
A Redistribution License is required in the event that the
Software is distributed outside of the organization and/or bundled as a
software component in a larger software offering developed by the
licensee. A Redistribution License
allows royalty-free distribution of the Software provided it is used within the
limitations described herein.
4.0.1 For software distributed outside your organization, you may not
resell, rent, lease or distribute the Software alone. The Software must be
distributed as a component of an application and bundled with an application or
with the application's installation files. The Software may only be used as
part of, and in connection with, the bundled application. Therefore, a valid
copyright notice must be provided within the user documentation, start-up
screen or in the help-about section of your application that specifies
PrecisionID as the provider of the Software bundled with Your application, for
example: "<<your application name>> contains barcode
components licensed from PrecisionID. These components may only be used as part
of and in connection with <<your application name>>."
4.0.2. You may not resell, rent, lease, distribute or otherwise use
Software in any way that would compete directly with PrecisionID.
4.0.3. You agree to indemnify, hold harmless, and defend PrecisionID
and its suppliers from and against any and all claims or lawsuits including
attorney's fees that arise or result from the use or distribution of your
bundled application.
4.1. 5000 User Redistribution License
The 5000 User Redistribution License grants redistribution
rights to no more than 5,000 end users.
An end user may be either inside or outside of your company.
4.2. 10000 User Redistribution License
The 10,000 User Redistribution License grants
redistribution rights to no more than 10,000 end users. An end user may be either inside or outside
of your company. The 10000 User
Redistribution License is also granted if quantity two of the 5000 User
Redistribution License is purchased.
4.3 Unlimited Redistribution License
The Unlimited Redistribution License grants redistribution
rights to an unlimited number of end users.
The Unlimited Redistribution License is also granted if quantity two of
the 10000 User Redistribution License is purchased.
5.0. Evaluation License
Software identified as a demo or evaluation version may be
used for testing and evaluation purposes only.
6.0. Indemnification
PrecisionID warrants to You that PrecisionID is, and will
continue to be, the owner, reseller or licensee of the Software including all
patents, copyrights or other applicable intellectual property rights in and to
the Software unless otherwise indicated in the Software. PrecisionID shall
defend, indemnify and hold Licensee harmless from any third party claims or
lawsuits for intellectual property infringement for properly licensed Software
provided by PrecisionID, If Software is determined to infringe, or in
PrecisionID’s opinion is likely to become the subject of such a claim,
PrecisionID shall, at its option, either obtain for Licensee the right to
continue using the Software, modify or replace the Software to make it
non-infringing, or refund the fee paid, less reasonable depreciation, upon
return of the Software; provided, however, that in no event shall PrecisionID's
total liability (including but not limited to attorney's fees) under this
paragraph exceed the purchase price You paid for the License to use the
Software. PrecisionID shall have no liability regarding any claim arising out of
Software that is used in violation of this EULA, Software that has been altered
to be different from the purchased version, unless the infringing portion
exists in the unaltered purchased version, use of the Software in combination
with other products (including but not limited to third party software and
hardware) if the infringement was caused by such use or combination where the
purchased version by itself does not infringe. You agree to defend, indemnify
and hold PrecisionID, its officers, resellers, contractors, agents and
employees, from any and all claims or causes of action arising out of Your use
of or related to the Software, or which result from Your breach of the terms
and conditions of this EULA, and pay any and all damages and expenses (including
but not limited to attorneys fees incurred by PrecisionID and/or third parties)
in connection therewith.
7.0. Copyright
The PrecisionID Software and the accompanying materials are licensed, not sold,
to You. The Software and the accompanying materials are copyrighted and contain
proprietary information. Unauthorized copying of the Software or accompanying
materials even if modified, merged, or included with other software, or of the
written materials, is expressly forbidden. You may not rent, lease, display or
distribute copies of the Software to others except under the conditions of this
EULA. You may be held legally responsible for any infringement of intellectual
property rights that is caused or encouraged by your failure to abide by the
terms of this EULA. You may also make a reasonable number of archival copies of
the Software for backup and recovery purposes. You may make copies of the
Software as needed for development and use provided the number of copies You
make do not exceed the number of licensed users. In any case, when a copy is
created, the copyright and trademark notices must be reproduced in their
entirety on the copy. PrecisionID reserves all rights not specifically granted
to Licensee.
8.0. Duration
Subject to the terms and conditions of this EULA, this EULA begins when the
Software is installed used, or when a License for Software is purchased and is
perpetual unless terminated. You may terminate this EULA at any time by
returning the Software to PrecisionID and destroying all copies thereof. This
EULA will terminate automatically without notice from PrecisionID if You fail
to comply with any provision contained herein or if the funds paid for the
license are refunded or are not received. Upon termination, You must
destroy the Software, and all copies, in part and in whole, including modified
copies, if any. Termination of this EULA shall not affect Software bundled
and distributed with an application under a Redistribution License by You prior
to termination, provided You have purchased a Redistribution License and funds
for the Redistribution License were received and have not been refunded or
charged-back. All restrictions prohibiting Your use of the Software and
intellectual property provisions relating to Software to the benefit of PrecisionID
shall survive termination of this EULA. PrecisionID reserves the right to
terminate the EULA if the use of Software by You causes a loss of revenue for
PrecisionID that exceeds the amount You paid for the License.
9.0. Limitation of Warranty
Although efforts have been made to assure that the
Software is date compliant, correct, reliable, technically accurate and will
perform in accordance with the documentation, the Software is licensed to you
as is and without warranties as to performance of merchantability, fitness for
a particular purpose or use, or any other warranties whether expressed or
implied. You, and any users of the Software assume all risks when using it. To
the maximum extent permitted by applicable law, in no event shall PrecisionID
or its suppliers be liable for any consequential, incidental, indirect,
punitive or special damages arising out of the use of or inability to use the
Software or the provision of or failure to provide support services, even if we
have been advised of the possibility of such damages. In any case, the entire
liability under any provision of this EULA shall be limited to the amount
actually paid by You for the Software.
10. Product Support
PrecisionID offers free technical support by email for 1 year to licensed
clients. Support may only be provided to the appropriate individual that (1)
ordered the software, (2) is integrating the Software or (3) a Developer.
Technical support will only be provided to the end user if each end user orders
a separate License for the Software. For each Redistribution License that is
purchased, technical support is provided to up to four developers. The
Developer responsibilities may be transferred to another Developer within the
organization as necessary provided no more than 2 transfers occur within any
60-day period. Support may be provided beyond 1 year if You purchase a support
incident or an upgrade for the Software.
11. Font Embedding and Conversions
If You have purchased a Redistribution License, PrecisionID grants You the
right to: (1) convert the associated fonts to other formats as necessary
provided the copyright notices are not be extracted from converted fonts and
(2) embed the fonts in documents or reports (for example, PDF files) that are
distributed outside your organization.
12. Export Restrictions
The Software is subject to U.S. export jurisdiction at the
time it is licensed to You, and it may be subject to additional export or
import laws in other countries. You agree to comply with all such laws and
regulations that may apply to the Software and to indemnify PrecisionID against
any and all claims based on Your exporting or importing of the Software to
other countries.
13. Non-Waiver
The failure by either party at any time to enforce any of the provisions of
this License EULA or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a
waiver of such provision, right, remedy or option or in any way affect the
validity of this License EULA. The waiver of any default by either party shall
not be deemed a continuing waiver, but shall apply solely to the instance to
which such waiver is directed.
14. Controlling Law
This EULA shall be governed by and construed in accordance with the laws of the
United States and the state of North Carolina, as applied to agreements entered
into and to be performed entirely within North Carolina between North Carolina
residents. The courts of the State of North Carolina shall have exclusive
jurisdiction and venue over any dispute, proceeding or action arising out of or
in connection with this EULA or your use of the Software.
15. Severability
If, for any reason, a court of competent jurisdiction finds any provision of
this License EULA, or portion thereof, to be unenforceable, that provision of
the License EULA shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this License EULA shall
continue in full force and effect.
Copyright © 2005-2009 PrecisionID.com.
All other trademarks mentioned are the property of their respective owners.
V 2009.2