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 User Redistribution
License
The Unlimited User 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.
4.4. 1 Server Redistribution License
The 1 Server Redistribution License
grants redistribution rights to install the software on no more than 1
server. An end user may be either inside
or outside of your company.
4.5. 4 Server Redistribution License
The 4 Server Redistribution License
grants redistribution rights to install the software on no more than 4 servers. An end user may be either inside or outside
of your company.
4.6 Unlimited Server Redistribution
License
The Unlimited Server 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 © 2005-2011
PrecisionID.com.
All other trademarks mentioned are the property of their respective owners.
V 2011.6