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ActiveID Software, Inc. Component Software License Agreement

By using or installing any software product created by ActiveID Software, Inc. (including software components, source code, and the corresponding documentation)  (hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. As used in this License 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 License Agreement. This License Agreement constitutes the complete agreement between you and ActiveID Software. Inc. No amendment or modification may be made to this Agreement except in writing signed by you and ActiveID Software. Inc. If you do not 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, ActiveID Software. Inc. grants to you only, the Licensee, the non-exclusive, nontransferable right to use the Software in accordance with the license You purchase. If you are using this product for your employer, this agreement also includes your employer. You may only use the Software on computers and CPUs for which the Software is licensed. Software that is distributed as shareware or a demo may only be used for testing and evaluation purposes.

  • The Single User License allows use of the Software for one effective user in your organization. The number of effective users for software licensing is determined by the method defined below that returns the greatest number.
    1. The number of users contributing to the data that is printed with the Software. For example, 20 users entering or editing data on a host where only 1 program prints barcodes to 1 printer, would require a license for 20 effective users. According to the multiple user licensing below, this would only require 2 Single User Licenses to be purchased.
    2. The number of users that have the Software installed on their CPU.
    3. The number of printers that are being printed to with the Software. For example, 1 user printing to 5 printers would require a license for 5 effective users. According to the multiple user licensing below, 2 Single User Licenses would need to be purchased.

    Multiple User Licensing with the Single User License:
    If multiple Single User Licenses of the same product are purchased, the effective number of licensed users for Software is determined by the following:
    1 Single User License Purchased  =  1 licensed user
    2 Single User Licenses Purchased = 25 licensed users
    3 Single User Licenses Purchased = 100 licensed users
    4 Single User Licenses Purchased = Developer License Granted for 10,000 licensed users

    Developer use with the Single User License:
    The Single User License also allows one developer to integrate the Software into the organization's applications provided that the developer (1) ensures the Software is licensed according to the multiple user licensing described above and (2) does not distribute the Software outside the organization. If You have more than one developer that will be developing applications using the Software, You will need to purchase a Developer License for each additional developer.

    The Unlimited Developer License grants the rights of the developer license for an unlimited number of developers and an unlimited number of user licenses. This license is also granted if three Developer Licenses licenses are purchased.

2. Copyright
The ActiveID Software. Inc. 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 solely for backup purposes provided the copyright and trademark notices are reproduced in their entirety on the backup copy. ActiveID Software. Inc. reserves all rights not specifically granted to Licensee.

ActiveID Software. Inc. warrants to You that ActiveID Software. Inc. is the sole owner of all patents, copyrights or other applicable intellectual property rights in and to the Software unless otherwise indicated in the documentation for Software. ActiveID Software. Inc. shall defend and hold Licensee harmless from any third party claims for intellectual property infringement for properly licensed Software provided by ActiveID Software. Inc.

The Software and documentation 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 the Developer License. You may not disassemble, decompose, reverse engineer, or alter the Software.  

3. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from ActiveID Software. Inc. 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 of them, in part and in whole, including modified copies, if any.  If you have distributed Software with an application under the Developer License, you may continue to use said Software for up to 90 days after termination. ActiveID Software. Inc. reserves the right to terminate the Agreement for any reason that competes with or negatively effects ActiveID Software. Inc.

4. Warranty & Risks
Although efforts have been made to assure that the Software is date compliant, correct, reliable, and technically accurate, 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. The manufacturers, distributors and resellers of the Software shall not be liable for any consequential, incidental, 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 greater of the amount actually paid by You for the Software or $5.00 USD.

5. Technical Support, Product Upgrades and Number of Developers
ActiveID Software. Inc. offers free technical support and product upgrades for a period of 90 days from the date of purchase on all licensed Software products to the individual that orders the Software or a single developer, but not to the end user. If two Developer Licenses licenses are purchased, technical support is provided for up to 5 developers. If three Developer Licenses licenses are purchased, technical support is provided for an unlimited number of developers. The developer responsibilities may be transferred to another within the organization as necessary as long as there are no more than 2 transfers in 90 days for each developer. Technical support can only be provided to the end user if each end user orders a separate license for the Software. Technical support and product upgrades may be provided beyond 90 days if a "Support and Upgrade Contract" is purchased.

6. Controlling Law and Severability
This License 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.

7. 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.

Copyright © ActiveID Software, Inc., 2000, all rights reserved. All trademarks mentioned are the property of their respective owners.

 

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