Barcode API Toolkit
DEVELOPER-USER LICENSE AGREEMENT FOR
MENTALIX SOFTWARE
IMPORTANT -- PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This Mentalix Developer-User License Agreement ('DULA') is a legally binding contract between you and Mentalix, Inc. ("MENTALIX") for the MENTALIX software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you acknowledge that you have read and understand this DULA and agree to be bound by its terms and conditions.
FOR ELECTRONIC MEDIA PURCHASERS: BY OPENING THE SEALED
MEDIA PACKAGE, YOU INDICATE YOUR ACCEPTANCE OF THE
TERMS AND CONDITIONS OF THIS DULA. IN THE EVENT THAT
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU
SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED TO THE
AUTHORIZED DEALER FROM WHOM YOU OBTAINED THIS SOFTWARE
PRODUCT, WITH PROOF OF PAYMENT, FOR A REFUND.
FOR ONLINE PURCHASERS: YOU WILL NOT BE PERMITTED TO
ACCESS AND DOWNLOAD MENTALIX SOFTWARE PRODUCT WITHOUT
FIRST READING AND ACCEPTING THE TERMS AND CONDITIONS
OF THIS DULA.
- Notification of Copyright. All title and copyright in
and to the SOFTWARE PRODUCT is owned by MENTALIX and/or its licensors
and is protected by United States copyright laws and international
treaty provisions. MENTALIX retains all ownership rights in the
SOFTWARE PRODUCT. The copyright notice must be reproduced and
included on any copy that is expressly permitted under this DULA.
- Included Products. The SOFTWARE PRODUCT may include and
utilize functionality in the Java Foundation Classes. You agree
to read, understand, and be bound by the terms of the included
Java Foundation Classes Binary
Code License Agreement. The Java Runtime Environment may also
be included along with the SOFTWARE PRODUCT as an optional install
item. If you install the Java Runtime Environment, you agree to
read, understand, and be bound by the terms of the included Java
Runtime Environment Binary Code License.
- Grant of License.
- Use. MENTALIX grants to you the right to use the number
of copies of the SOFTWARE PRODUCT as specified on your contract
or invoice (and for which you have paid the applicable license
fees) under the following conditions: (i) Barcode API Toolkit
License. You must purchase and install an appropriate Barcode
API Toolkit License key on each computer system where SOFTWARE
PRODUCT will be used. Barcode API Toolkit License Key or Keys
and associated serial numbers are attached to this DULA or otherwise
included with SOFTWARE PRODUCT at the time of purchase. You
agree to only install and use the SOFTWARE PRODUCT in conjunction
with the Barcode API Toolkit License Key. Further, you agree
to only install and use a specific Barcode API Toolkit License
Key on a single computer system. Each Barcode API Toolkit License
Key is only licensed for use by a single developer at any given
time. You agree to take any reasonable steps to prevent any
use of the SOFTWARE PRODUCT that has not been specifically authorized
by this DULA. (ii) No Redistribution Rights. In order to distribute
a derivative work or any component of the SOFTWARE PRODUCT,
you will need to contact the Sales Department at MENTALIX, obtain
and execute a written Barcode API OEM Agreement and pay the
appropriate end use license fees to MENTALIX. The Barcode API
OEM Agreement will contain the terms and conditions for re-distribution
of the applicable components of the SOFTWARE PRODUCT along with
the Barcode API Runtime Library End-User License Agreement.
- Evaluation Software. If the SOFTWARE PRODUCT is labeled
"Evaluation" or "Evaluation Copy," then, notwithstanding other
sections of this DULA, you may not use the SOFTWARE PRODUCT
for commercial purposes. If you have been provided the SOFTWARE
PRODUCT for evaluation purposes only, MENTALIX grants to you
the right to use the SOFTWARE PRODUCT on the same terms and
conditions as stated above but only for the length of time so
authorized by MENTALIX for your evaluation. This license and
your right to use the SOFTWARE PRODUCT thereafter is terminated,
unless you obtain a separate license from MENTALIX and you pay
to MENTALIX the applicable license fee.
- Definition of "Use." A copy of the SOFTWARE PRODUCT
is "in use" in a computer when it is loaded into the temporary
memory (i.e., RAM) or is installed into the permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that computer.
- Additional Rights. MENTALIX further grants to you the
right to: (a) make one copy of the SOFTWARE PRODUCT in an electronic
media solely for backup or archival purposes, or (b) transfer
the SOFTWARE PRODUCT in an electronic media to a single hard
disk; provided, that you keep the originals solely for backup
or archival purposes. You may not copy any printed materials
that are included with the SOFTWARE PRODUCT. Copyright laws
prohibit the making of additional copies of the SOFTWARE PRODUCT
for any other reason.
- Other Restrictions. Except as otherwise expressly permitted
in this Agreement, or in another MENTALIX agreement to which you
are a party, you may not: (i) modify or create any derivative
works of the SOFTWARE PRODUCT or documentation, including translation
or localization; (ii) decompile, disassemble, reverse engineer,
or otherwise attempt to derive the source code for the SOFTWARE
PRODUCT (except to the extent applicable laws specifically prohibit
such restriction); (iii) redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer rights to the SOFTWARE PRODUCT;
(iv) remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the SOFTWARE PRODUCT; or
(v) publish any results of benchmark tests run on the SOFTWARE
PRODUCT to a third party without MENTALIX's prior written consent.
In jurisdictions where a right to reverse engineer is provided
by law unless information is available about the product in order
to achieve interoperability, functional compatibility or similar
objectives, you agree to submit a detailed written proposal to
MENTALIX concerning your need for such information before engaging
in reverse engineering and MENTALIX may, in its sole discretion,
propose to you certain terms and conditions under which it is
willing to make such information available. You further grant
to MENTALIX or its agent the right to audit your use of the SOFTWARE
PRODUCT pursuant to this DULA. If the distribution media for the
SOFTWARE PRODUCT contains multiple MENTALIX software products,
your use of any MENTALIX software products other than the SOFTWARE
PRODUCT for which you have purchased a license is prohibited.
You agree not to use this SOFTWARE PRODUCT to send unsolicited,
commercial e-mail.
- Updates/Upgrades. If the SOFTWARE PRODUCT is labeled
or otherwise identified by MENTALIX as an "update" or "upgrade,"
you must be properly licensed to use a product identified by MENTALIX
as being eligible for the update/upgrade in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by
MENTALIX as an "update" or "upgrade" replaces and/or supplements
the product that formed the basis for your eligibility for such
update/upgrade. You may use the resulting updated/upgraded product
only in accordance with the terms of this DULA. If the SOFTWARE
PRODUCT is an update/upgrade of a component of a package of software
programs that you licensed as a single product, the SOFTWARE PRODUCT
may be used and transferred only as part of that single product
package and may not be separated for use on more than one computer.
- Termination. This license and your right to use the SOFTWARE
PRODUCT (i) automatically terminate if you fail to comply with
any provision of this DULA, and (ii) terminate upon expiration
of the length of time so designated for your evaluation of the
SOFTWARE PRODUCT if you are an Evaluation User. Upon termination,
you must destroy the SOFTWARE PRODUCT and any copies that you
have made. MENTALIX retains all rights not expressly granted,
and nothing in this DULA constitutes a waiver of MENTALIX's rights
under copyright laws or any other federal or state law or treaty.
- LIMITED WARRANTY. MENTALIX warrants that the SOFTWARE
PRODUCT will substantially conform, as to all material operational
features, to MENTALIX's applicable standard written specifications,
provided that it is used on the computer hardware and with the
operating system for which it is designed, and will be free from
error that substantially adversely affects performance for a period
of ninety (90) days from the date of purchase. This limited warranty
shall not apply to any SOFTWARE PRODUCT that MENTALIX determines
has been subject to misuse, neglect, improper installation, repair,
alteration, or damage by you. EXCEPT FOR THE FOREGOING LIMITED
WARRANTY, MENTALIX MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
WITH RESPECT TO THE SOFTWARE PRODUCT INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. If by law there
are any implied warranties, they are likewise limited to ninety
(90) days from the date of purchase. You assume responsibility
for the selection of the SOFTWARE PRODUCT and hardware to achieve
your intended results; and for the installation, use and results
obtained from the SOFTWARE PRODUCT. MENTALIX makes no warranty
as to any license keys, if any, issued in connection with the
license of the SOFTWARE PRODUCT. Should the distribution media
contain information and/or technology that either are owned by
third parties or in the public domain, MENTALIX makes no warranties
or representations as to such information and/or technology and
further disclaims any and all liability for any losses or damages
that may result from your use thereof.
- Customer Remedies. MENTALIX's entire liability and your
exclusive remedy shall be, at MENTALIX's option, one of the following:
(a) attempt to correct or help you around significant errors with
efforts that MENTALIX believes to be suitable to redress the error;
(b) repair or replace the SOFTWARE PRODUCT that does not meet
MENTALIX's Limited Warranty with functionally equivalent software;
or (c) refund the license fee and terminate this DULA. Your remedy
is conditioned upon your return of the SOFTWARE PRODUCT to MENTALIX
with a copy of your proof of purchase within ninety (90) days
of the original purchase. Any replacement SOFTWARE PRODUCT will
be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
- LIMITATION OF DAMAGES. IN NO EVENT WILL MENTALIX BE LIABLE
TO YOU FOR DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS,
LOST SAVINGS, LOSS OF DATA, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT, EVEN IF MENTALIX OR AN AUTHORIZED MENTALIX REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF
THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL
PURPOSE. IN NO EVENT WILL MENTALIX'S LIABILITY EXCEED THE AMOUNT
OF THE LICENSE FEE. MENTALIX WILL NOT BE LIABLE FOR ANY CLAIM
BY A THIRD PARTY. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES
OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE STATE OR COUNTRY.
- Governing Law. This DULA is governed by the laws of the
State of Texas, U.S.A., and the United States, including patent
and copyright laws. This DULA will not be governed by the United
Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any
provision of this DULA is held to be illegal, invalid, or unenforceable
then that provision shall be fully severable from this DULA and
shall not affect the legality, validity or enforceability of the
remaining provisions of this DULA.
- Export Restrictions. You agree to comply with all applicable
export control laws and with any regulations issued from time
to time by the United States Department of Commerce and similar
agencies of other countries concerning exporting, importing, and
re-exporting software. You further agree that the SOFTWARE PRODUCT
will not be acquired, shipped, transferred or exported, directly
or indirectly, into any country or used in any manner prohibited
by the United States Export Administration Act and the regulations
thereunder, or will be used for any purpose prohibited thereby.
- International Users. This DULA has been written in the
English language. You waive any rights that you may have under
the laws of your country for this DULA to be written in the language
of that country. The remedies and limited warranty offered by
MENTALIX are not available without proof of purchase from an authorized
United States or international source.
- U.S. Government Restricted Rights. The SOFTWARE PRODUCT
is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as
set forth in subparagraph (b) (3) of the Rights in Technical Data
and Computer Software clause as DFARS 252.227-7013 or subparagraphs
(c) (1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable, and any amendments
thereto. Contractor/manufacturer is Mentalix, Inc., 1700 Alma
Drive, Suite 110, Plano, Texas, U.S.A. 75075.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DULA, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE
THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS DULA. THIS AGREEMENT SHALL PREVAIL NOTWITHSTANDING
ANY DIFFERENT, CONFLICTING, OR ADDITIONAL TERMS AND CONDITIONS WHICH
MAY APPEAR IN ANY PURCHASE ORDER OR DOCUMENT SUBMITTED BY LICENSEE.
Rev. 3.2
August 19, 2004
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