VintaSoft Twain ActiveX - License agreement

END-USER LICENSE AGREEMENT for VintaSoft Twain ActiveX



IMPORTANT-READ CAREFULLY: This End-User License Agreement (the "Agreement") is a legal Agreement between you (individual, company or legal entity) and VintaSoft Ltd for the use of VintaSoft Twain ActiveX. VintaSoft Twain ActiveX is not for sale, it can only be licensed.

By installing, copying, or otherwise using and testing VintaSoft Twain ActiveX, you automatically agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use VintaSoft Twain ActiveX.

Any reproduction or redistribution of VintaSoft Twain ActiveX or any of its components not in accordance with this Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. VintaSoft Twain ActiveX is protected by the copyright law and the laws and international agreements on intellectual property rights.

You may not accept this Agreement if you are not of legal age to form a binding contract, if you have no authority to bind your company or organization to this agreement, or if you are a person barred from using the software under the laws of any country.



1. DEFINITIONS.

The following terms have specific meanings in this Agreement:



2. SOFTWARE EVALUATION.

2.1. You do not require a License for evaluating the Software.

2.2. You can evaluate the Software during an unlimited period.

2.3. The evaluation version of the Software has some restrictions of functionality which nevertheless cannot significantly affect the evaluation process.

2.4. You can use the compiled demo Applications, which are included in the distributive package of the Software, to evaluate the functionality of the Software.

2.5. You can use evaluation version of the Software to develop test Applications for evaluating the functionality of the Software.

2.6. You cannot use the evaluation version of the Software in production or for commercial purposes.

2.7. Distribution of the evaluation version of the Software via Internet is allowed, but VintaSoft Ltd reserves the right to prohibit certain file-sharing Internet resources to re-distribute the Software in case of suspected misuse of this right. After the responsible personnel of the resource receive our official notification by e-mail they must remove the Software from the resource and ban the name "vintasoft" to prevent appearance of unauthorized copies and cracks further.



3. SOFTWARE LICENSING.

3.1. You have to acquire a License to use (develop, test and deploy Applications) the Software.

3.2. A License granted to you under this agreement is for the most current version of the Software.

3.3. We may release future versions of the Software under this Agreement or a different Agreement.

3.4. Nothing in this Agreement is a commitment to you of compatibility between the Software and any future versions of the Software.

3.5. There are 3 types of Licenses issued for the Software:

Developer license.


Site license.


Single URL license.



4. SOFTWARE USAGE.

4.1. You cannot modify, rename, embed, decompile, disassemble, crack, otherwise reverse engineer the Software.

4.2. If you have purchased a License, you can create and deploy commercial Applications.

4.3. If you have purchased a License, you can create and deploy non-commercial Applications.

4.4. If you have purchased a License, you can create as many Applications as necessary, except licenses for limited application count.

4.5. If you have purchased a License, you can use source codes of demo Applications, which are included in the distributive package of the Software, in your Applications.

4.6. If you have purchased a License, you can distribute the following files of Software with your Application: VSTwain.dll or VSTwain.cab.

4.7. You cannot include into your Application any file of Software except for the files referred to in paragraph 4.6.

4.8. You cannot use, copy, emulate, clone, rent, lease, sell or transfer the Software, or any subset of the Software, except as provided for in this agreement.

4.9. You cannot use Software to create a service or utility, which exposes the functionality of Software to other users in such a way as to compete, directly or indirectly, with the Software.

4.10. You cannot create DLLs, or any other derivative tools to be used in design mode in any development tools, which includes Software.

4.11. You cannot distribute your Application without a written agreement that prohibits reverse engineering, decompilation or disassembly of the Applications.

4.12. You cannot transfer or assign this Agreement or your License to any third party.

4.13. You cannot allow further redistribution of our Software by your Customers.

4.14. If the Software provided to you is an upgrade or revised version of Software previously provided to you under this Agreement or a predecessor agreement, you may not loan, rent, lease, or otherwise transfer the original non-upgraded Software to another user or on separate computer.

4.15. You cannot use our name, logo or trademarks to market your Applications.



5. UPDATES AND TECHNICAL SUPPORT OF SOFTWARE.

5.1. Each acquired License includes 1 Year of free subscription for all updates, new versions and technical support service for the Software, starting from the purchase date of License.

5.2. You can renew the subscription for the next year paying 50% of the actual License price.

5.3. You will receive all new versions and updates for the Software during the activity period of your License subscription.

5.4. You will receive priority technical support service for the Software during the activity period of your License subscription.

5.5. We are supporting only the most current version of the Software.

5.6. Technical support service is provided via email only.

5.7. For receiving technical support service you should send us your question via email to address support@vintasoft.com or submit your request to VintaSoft Support Center here: https://www.vintasoft.com/support/.



6. LICENSE TERMINATION.

6.1. This Agreement is effective until terminated.

6.2. Either party may terminate this Agreement for cause upon ten (10) days written and sent via e-mail notice in the event the other party breaches a material provision of this Agreement, which breach is not cured within ten (10) days.

6.3. In addition, all of your rights to access the Software under this Agreement shall automatically terminate in the event of an unauthorized assignment.

6.4. Upon any termination of this Agreement, your right to use the Software terminates, but the provisions under "YOU MAY NOT", "NO WARRANTIES", "NO LIABILITY FOR CONSEQUENTIAL DAMAGES", "COPYRIGHT NOTICE" continue to apply to both of us even after termination.



7. PUBLICITY.

You (meaning your organization) agree to be identified as a customer of ours and agree that we may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials and web site.



8. NO WARRANTIES.

VintaSoft Ltd expressly disclaims any warranty for the Software.

THE Software AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF the Software REMAINS WITH YOU.



9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL VintaSoft Ltd BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR OF INABILITY TO USE the Software.



10. COPYRIGHT NOTICE.

Copyright (C) 2007-2019 VintaSoft Ltd. All rights reserved.

Any rights not expressly granted herein are reserved.



11. CHANGES TO THIS AGREEMENT.

This License Agreement may be periodically updated by VintaSoft Ltd. Up to date one will be immediately published on our web site.