By using or installing the application and related software products created by IDAutomation.com, Inc. “IDAutomation” (including the application files, software components, corresponding documentation and including any updates, upgrades or modifications thereto) ("Software"), You are agreeing to be bound by the terms and conditions of this Agreement and the License You purchase ("Agreement"). As used in this Agreement, “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 shall be the (“Licensee”) under this Agreement. This Agreement constitutes the complete agreement between You and IDAutomation. This Agreement shall enure 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 Agreement except in writing signed by You and IDAutomation. If You donot agree to the terms and conditions of the Agreement, discontinue use of the Software immediately.

1. License Grant

In consideration for the license fee paid, and other good and valuable consideration, IDAutomation grants to You only, the Licensee, the nonexclusive, nontransferable, world-wide right to use the Software in accordance with this Agreement and the product license You purchase ("License"). If You are using this Software for your employer, this Agreement also includes your employer. You may only use the Software if it is properly licensed. As used in this Agreement, the term ("Developer") is defined as an individual that has a primary job function of developing applications. Software that is distributed as shareware or a demo version may only be used for testing and evaluation purposes.

• Single User License -- this license allows use of the Software for one user on one computer. A Single User License must be purchased for each computer the software is installed on. If the software is installed on a computer or server in any way that it can be shared through any method including terminal services or file sharing, an additional license is required for each user that has access or to use the Software. This license does not restrict printer use, each licensed user may print to any number of printers. The Single User License may require the user to have access to the Internet to register the application.
• Multiple User Licenses -- grants the rights of the Single User License for a particular number of users. For example, a 5 user license grants the rights for 5 Single User Licenses. These licenses may be combined; for example, 1 single user license and a 10 user license = 11 licensed users. Because of the discounts associated with this license, technical support is provided to a single technical contact at Your organization instead of to each individual user.
• Server Licenses -- when installed on a file server, each server shall be considered equivalent of 10 users. For example, if you install this product on 2 different file servers in your company, you need 20 Single User Licenses.
• Site License -- allows use of the Software for all users at a single site within a single company. Because of the discounts associated with this license, technical support is provided to a single technical contact at Your company instead of to each individual user.
• Multi Site License -- allows use of the Software for an unlimited number of users at an unlimited number of sites within a single company. Because of the discounts associated with this license, technical support is provided to a single technical contact at Your company instead of to each individual user.
• Source Code -- the source code of the application may be provided with the purchase of a Multi-Site License and a signed Source Code License Agreement provided You adhere to the following conditions:
  • 1. You may not resell, rent, lease or distribute Software in any way that would compete with IDAutomation.com, Inc.
  • 2. All source code provided by IDAutomation.com, Inc. that is distributed with an application must be compiled or password protected to the extent that only the software developer(s) may obtain access to it.
  • 3. 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 IDAutomation.com, Inc. as the provider of the Software bundled with Your application, for example: "<> contains technology licensed from IDAutomation.com, Inc."
  • 4. You agree to indemnify, hold harmless, and defend IDAutomation.com, Inc. and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use of the source code or distribution of Your bundled application.
  • 5. If You distribute the Software outside Your organization, You may not resell, rent, lease or distribute the Software alone. The Software and any applicable barcode generation components must be distributed as a component of another application and bundled with an application or with the application's installation files.
  • 6. The Software may contain separate barcode generation components which are provided in files such as DLLs or class files. The source code for the barcode generation component itself is not usually needed to modify, customize, merge and recompile the application. The source code for the barcode generation component is licensed separately under the applicable Developer License for the component.

2. Copyright

The IDAutomation Software and the accompanying materials are licensed, not sold, to You. You may not rent, lease, display or distribute copies of the Software to others except under the conditions of this Agreement. 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 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 Agreement. 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 effective licensed users. You may also make a reasonable number of archival copies of the Software for backup and recovery purposes. In any case, when a copy is created, the copyright and trademark notices must be reproduced in their entirety on the copy. This Software may contain barcode generation components licensed from IDAutomation.com, Inc. These components may only be used as part of, and in connection with, the application licensed under this Agreement. IDAutomation reserves all rights not specifically granted to Licensee.

3. Indemnification

IDAutomation warrants to You that IDAutomation is, and will continue to be, the sole owner of the Software including all patents, copyrights or other applicable intellectual property rights in and to the Software unless otherwise indicated in the Software. IDAutomation shall defend, indemnify and hold Licensee harmless from any third party claims or lawsuits, including attorney's fees, for intellectual property infringement for properly licensed Software provided by IDAutomation. You agree to defend, indemnify and hold IDAutomation and its suppliers harmless from and against any claims or lawsuits, including attorney's fees, which may arise out of or result from Your breach of the terms and conditions of this Agreement.

4. Agreement Duration and Termination

Subject to the terms and conditions of this Agreement, this Agreement begins when a License for Software is purchased and is perpetual unless terminated. You may terminate this Agreement at any time by returning the Software to IDAutomation and destroying all copies thereof. This Agreement will terminate automatically without notice from IDAutomation 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. IDAutomation reserves the right to terminate the Agreement if the use of Software by You causes a loss of revenue for IDAutomation that exceeds the amount You paid for the License. Termination of this Agreement shall not affect Software bundled and distributed with an application under the Developer License by You prior to termination, provided You have purchased a Developer License and funds for the Developer License were received. All restrictions prohibiting Your use of the Software and intellectual property provisions relating to Software to the benefit of IDAutomation shall survive termination of this Agreement.

5. Warranty and Limitation of Liability

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, your organization and all users of the Software, assume all risks when using it. To the maximum extent permitted by applicable law, in no event shall IDAutomation 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 Agreement shall be limited to the amount actually paid by You for the Software. These limitations of liability shall not apply to liability for IDAutomation's indemnification obligations hereunder.

6. Technical Support and Product Upgrades

IDAutomation offers free technical support and product upgrades for a period of 30 days from the date of purchase on all licensed Software. Technical support and product upgrades may be provided beyond 30 days if Technical Support and Upgrade Protection is purchased. Support may be provided to the appropriate individual that (1) ordered the software, (2) is integrating the Software or (3) a Developer, but not to the end user(s) of an application making use of Software, unless the end user is a Developer. Technical support will only be provided to the end user if each end user orders a separate license for the Software. If one Developer License is purchased, technical support is provided for only one Developer. If two Developer Licenses are purchased, technical support is provided for up to 5 Developers. If three Developer Licenses are purchased, technical support is provided for an unlimited number of Developers. The Developer responsibilities may be transferred to another Developer within the organization as necessary provided no more than 2 transfers occur within any 90 day period.

7. Export Restrictions

The Software is of U.S. origin and distribution of the Software is subject to the export control laws of the United States of America. You agree that You will not export or distribute the Software, directly or indirectly, to any restricted export country, without first obtaining permission to do so as required from the appropriate U.S. governmental agency. Licensee bears all responsibility for export law compliance and will indemnify IDAutomation against any and all claims based on Licensee’s exporting of the Software. Restricted countries currently include (but are not necessarily limited to) Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

8. Controlling Law and Severability

TThis Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. The courts of the State of Florida, County of Hillsborough, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this License Agreement or your use of the Software. If, for any reason, a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.

9. Non-Waiver

The failure by either party at any time to enforce any of the provisions of this License Agreement 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 Agreement. 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.

8. Return Policy

All returns must be received within 30 days of purchase.

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