Barcodesoft Webservice License Agreement
By using Barcodesoft Webservice Webmethods (referred to as Software in this agreement)
created by Barcodesoft, you (or you on behalf of your employer, referred to in this Agreement as
'Recipient' or 'You') are agreeing to be bound by the terms and conditions of this License
Agreement. If you do not agree, do not install, copy or use the Software.
(a) Subject to Recipient's compliance with the terms and conditions of this Agreement,
Barcodesoft grants to Recipient a non-exclusive, nontransferable right and license to install,
copy, reproduce, display and otherwise use the Software in consideration for the license fee paid.
The Developer License allows your developer
- to rent, lease or distribute the licensed client side software bundled with your application up to 10,000 uses,
- and/or to embed the Software on one or more web pages of one domain up to 10,000 page views,
provided all copyright notices of the Software are left unmodified. If use number exceeds 10,000,
additional Developer License is required. Annual maintenance fee is required after one full year.
The Unlimited Developer License allows full access to the software of your developers,
unlimited server deployment, and royalty-free distribution of client side Software bundled with your
application within or outside your organization.
(b) Recipient may utilize the Software in the development and distribution of material in any media
now or hereafter known throughout the universe but may not reverse engineer, decompile or disassemble
any portion of the Software, except and only to the extent that this limitation is expressly prohibited
by applicable law notwithstanding this limitation.
2. Annual License Fee
The annual license fee is required to renew Recipient's license each year and entitles Recipient to receive all updates at no extra cost, including but not limited to binary code, source code, images, and text incorporated into the Software.
The annual license fee is due one year after original license purchase date and is sue on the same date each year thereafter.
3. Copyright and Trademark
All title and intellectual property rights in and to the Software (including but not limited to binary code, source code, images, photographs, and text incorporated into the Software), the accompanying printed materials supplied by Barcodesoft, and any copies of the Software are owned by Barcodesoft. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not expressly granted are reserved by Barcodesoft. Notwithstanding the foregoing, Recipient shall retain ownership of any material of any nature it develops utilizing the Software, except with respect to the Software itself.
This Agreement is effective until terminated. This Agreement will be terminated automatically without notice from Barcodesoft if you fail to comply with any provision contained here. Upon termination, you must destroy the written materials, the Software, and all copies of them, in part and in whole, including modified copies, if any.
This agreement will also be terminated with written notice from Recipient one week prior to annual fee charge date.
5. Representations, Warranties and Covenants
Barcodesoft hereby represents and warrants that the Software provided to Recipient therein are original works of authorship of Barcodesoft which are free and clear of any claims or liens by a third party, and represents and warrants that it has and shall maintain all right, title and interest necessary to confer the intellectual property grants described in this License Agreement. Further, Barcodesoft represents and warrants that it has the authority to enter into this License Agreement, and that Recipient¡¯s proper exercise of the rights granted herein shall not infringe upon the rights of any third party.
6. Limitation of Liability
Notwithstanding any damages that recipient might incur for any reason whatsoever, the entire liability of Barcodesoft and any of its suppliers under any provision of this agreement shall be limited to the greater of the amount actually paid by you or US $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Neither Recipient, nor any of its affiliates, agents or assigns, nor the directors, officers, employees, or other representatives of any of them, is liable for any type or amount of damages arising out of or in connection with the use of the Software. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation, compensatory, direct, indirect, consequential, incidental, special, exemplary, or punitive damages; loss of data, income, or profit; loss of or damage to property; and any and all claims of third parties.
7. Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between Barcodesoft and Recipient with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
8. Refund Policy
In the event a Recipient is not satisfied with a Barcodesoft product within 30 days of purchase, a refund may be issued. Issuing a refund is at the sole discretion of Barcodesoft. Refunds will be issued only after the Recipient has communicated with Barcodesoft to resolve issues or problems related to the original content purchased. If a refund is issued, the Recipient is responsible for deleting all files using the content and may not continue distribution of products containing the content or any part of the Software.