IMPORTANT: PLEASE READ CAREFULLY.

THE USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS OF THE LICENSE AGREEMENT PRINTED BELOW. IF YOU DO NOT AGREE WITH THE TERMS, THEN YOU SHOULD NOT USE THE SOFTWARE OR ANY PART OF THE SOFTWARE IN ANY WAY. BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

THE AGREEMENT

This document is a legal agreement between Dynamsoft Corporation, Canada, hereafter referred to as "Dynamsoft", and the user of the software, hereafter referred to as "You".

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.

"End User Software" means an end user program which 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 End User Software.

"Deployment License" allows Licensee to copy, deploy and redistribute the Redistributables to end users as part of the End User Software.

EVALUATION LICENSE

Dynamsoft grants Licensee a limited, non-exclusive, non-transferable license to use the SOFTWARE for evaluation purposes for 30 days. An Evaluation License does NOT grant you the right to distribute the SOFTWARE.

GRANT OF LICENSE FOR DESKTOP APPLICATION

DEVELOPER LICENSE

For each Developer License of the SOFTWARE purchased by Licensee, Dynamsoft grants Licensee a non-exclusive, non-transferable, perpetual, worldwide license for one (1) named programmer to install the SOFTWARE on a personal computer and use the SOFTWARE, including its documentation and sample code, in the development of one piece of End User Software. Licensee may install the SOFTWARE on one additional development computer, such as a laptop computer, for use by Licensee's named programmer when such person's primary development computer is not available.

The Developer License is on a per named programmer basis. The Developer License does NOT grant You the right to distribute End User Software which embeds the SOFTWARE.

Developer License is not required if you are developing a web application.

RUNTIME LICENSE

You are hereby granted a non-transferable, non-exclusive right to distribute your desktop End User Software which embeds the SOFTWARE onto ONE desktop. Each distribution requires one runtime license.

GRANT OF SERVER DEPLOYMENT LICENSE FOR WEB APPLICATIONS

A Server Deployment License is required to deploy applications that use the SOFTWARE to one server.

The Server Deployment License is on a per application, per server basis. Please note that a "Server" is defined as a computer configured with the intention of multiple users accessing it as a service, or as a background service run as an automated process for any kind of service that has SOFTWARE loaded into the server's RAM.

Types of Servers:

LICENSING FEES

Initial Payment

An initial payment shall be made, which includes the SOFTWARE license fee and the annual maintenance fee for the first year (alternatively, a 3-year maintenance fee payment can be made).

Annual Maintenance Contract Renewal

Annual Maintenance is optional.

You will need a valid annual maintenance contract for the following purposes:

The annual maintenance fee is due one year after the original SOFTWARE purchase date, and will come due on that date each year thereafter.

RESTRICTIONS

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.

You are not permitted to directly or indirectly expose the properties and methods of the SOFTWARE.

All rights reserved. You may not use, copy, modify, reverse engineer, decompile, disassemble, sell, transfer, hire, lend or otherwise distribute the SOFTWARE or any accompanying materials in whole or in part, except as expressly provided for in this agreement.

OWNERSHIP

Dynamsoft shall remain the owner of the SOFTWARE.

This license does not confer any ownership rights to the licensee.

WARRANTIES AND DISCLAIMERS

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 USING OR INABILITY TO USE DYNAMSOFT PRODUCTS.

APPLICABLE LAWS

This agreement shall be governed by the laws of Canada.