LICENSE AGREEMENT
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VIMAS Technologies
Software Development Kit. LICENSE AGREEMENT


GRANT OF LICENSE. This VIMAS Technologies, (VIMAS) Agreement (License) permits you (LICENSEE) the right to use one copy of a properly registered VIMAS Software Development Kit (SDK) for development purposes on any single computer by only single developer, provided the SDK is in use on only one computer at any time. SDK is "in-use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into the permanent memory (i.e. hard disk, CD-ROM, or other storage device) of that computer.

REDISTRIBUTION OF THE SDK RUNTIMES. To obtain rights to distribute SDK runtimes as part of the LICENSEE's software application or derivative works (PRODUCT), you must acknowledge and uphold this License Agreement and agree to notify VIMAS immediately of any changes in status or violations. VIMAS grants the LICENSEE, a limited, non-exclusive, right to use, reproduce, display or otherwise distribute or transfer ONE (and only one) copy of the SDK runtime, as an integral part of PRODUCT, in executable form only to a single machine.

In all other cases, VIMAS grants the LICENSEE, a limited, non-exclusive, right to use, reproduce, display or otherwise distribute or transfer limited copies of SDK runtimes, as an integral part of PRODUCT, in executable form only, provided that:
a) The total annual sales of your PRODUCT(s) [derivative works, software application(s) and/or software installation(s)], which includes SDK runtimes, does not exceed two-hundred thousand dollars ($200,000 US), in any year.
b) If the use is for corporate in-house development project(s), purchase of our development kit(s) grants you a single site license with SDK runtime distribution, within your derivative work(s), within a single site (physical location).
c) The total annual SDK runtimes of your derivative works [software application(s) and/or software installation(s)] does not exceed fifty thousand copies, in any year; or is untraceable as in internet clients, shareware or freeware.
d) You are not developing more than ONE single PRODUCT [software title, application, work], which includes SDK runtimes. The LICENSEE's product is targeted to end-users.
e) You are not developing a client/server based solution which involves multiple servers or sites, or remote (off- site) clients.
f) You are not developing an internet/intranet server based solution which involves remote (off-site) clients (such as with Cabinet files, JAR files, COM objects, Active X controls, JAVA applets, or Browser plug-ins).
g) The LICENSEE's PRODUCT is not a development tool. PRODUCT's that can be used in other products (such as ActiveX controls) are considered to be development tools.
h) You do not use VIMAS Technologies' name, logo, or trademarks to market PRODUCT without prior written approval of VIMAS Technologies.
i) You agree to indemnify, hold harmless, and defend VIMAS Technologies from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your PRODUCT.
j) Only the SDK runtimes can be distributed. Distribution of the SDK development kit, documentation, source code, or the distribution unlock codes, is a violation of this agreement.
k) LICENSEE includes a statement substantially similar to the following within derivative work's documentation and about box: "This product contains portions of imaging code owned by VIMAS Technologies, www.vimas.com"

If ANY of the above terms are not applicable to LICENSEE's situation, or any of the above cannot be complied with, or you feel that you need modifications to this license, for any reason; then you must obtain an expanded direct license from VIMAS Technologies for your derivative works, (available by e-mail at: info@vimas.com).

This license grants rights to LICENSEE for only the VIMAS Technologies code (SDK) mentioned above and does not convey any other rights of use or distribution to VIMAS.
COPYRIGHT. The Software is owned by VIMAS Technologies and is protected international treaty provisions. LICENSEE may not remove or alter the copyright notice from any copy of the Software or any copy of the written materials, accompanying the Software.

OTHER RESTRICTIONS.
This VIMAS Technologies License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. LICENSEE may not rent or lease SDK. LICENSEE may not reverse engineer, decompile or disassemble SDK.

NO WARRANTY. ANY USE BY LICENSEE OF THE SOFTWARE IS AT THE LICENSEE'S OWN RISK. THE SOFTWARE IS PROVIDED FOR USE ONLY WITH WINDOWS PRODUCTS AND RELATED APPLICATION SOFTWARE AND/OR HARDWARE PRODUCTS. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIMAS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. VIMAS IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall VIMAS Technologies be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this VIMAS Technologies product, even if VIMAS Technologies has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

INDEMNIFICATION BY LICENSEE. If LICENSEE distributes SDK in violation of this Agreement, you agree to indemnify, hold harmless and defend VIMAS Technologies and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of SDK in violation of this Agreement.

For questions & comments please contact info@vimas.com or visit our forum




Copyright (c) 1995-2006, VIMAS Technologies. Last modified 02/08/2007 16:14
E-mail: info@vimas.com