End User Licence Agreement
O Imaging Corporation
ScanToPDF SCANNING SOFTWARE
Copyright (C) 2000-2019 O Imaging Corporation
END-USER LICENSE AGREEMENT FOR ALL SOFTWARE PRODUCTS
IMPORTANT – READ CAREFULLY: This O Imaging Corporation (“OIC”) End-User License Agreement (“EULA”) is a legal agreement between you, a user of software applications, (“End User”) and OIC for all OIC products, demos, and “online” or electronic documentation (“SOFTWARE PRODUCT(S)”) contained in this installation file.
OIC grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE PRODUCT(S) for the sole purposes of developing, testing, and deploying scanning applications. By installing, copying, or otherwise using the SOFTWARE PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT(S).
All SOFTWARE PRODUCT(S) are licensed, not sold. If you are an individual, you must acquire an individual license for the SOFTWARE PRODUCT(S) from OIC or its authorized resellers. If you are an entity, you must acquire an individual license for each End User within your organization from OIC or its authorized resellers.
If the SOFTWARE PRODUCT(S) you have obtained are marked as a “TRIAL” or “EVALUATION,” you may install one copy of the SOFTWARE PRODUCT(S) for testing purposes for a period of 30 calendar days from the date of installation (“Evaluation Period”). Upon expiration of the Evaluation Period, the SOFTWARE PRODUCT(S) must be uninstalled and all copies destroyed.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any OIC intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
1. GRANT OF LICENSE
This EULA, if legally executed as defined herein, licenses and so grants the single individual End User the following rights:
SOFTWARE PRODUCT(S) – End User may install and use the SOFTWARE PRODUCT(S) on a single computer. The End User may also install and use the SOFTWARE PRODUCT(S) on a portable computer.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT(S) or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
3. SEPARATION OF COMPONENTS
The SOFTWARE PRODUCT(S) is licensed as a single PRODUCT(s). The SOFTWARE PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All OIC libraries, source code, redistributables and other files remain OIC’s exclusive property. You may not distribute any files, except those that OIC has expressly designated as Redistributable.
You may not rent, lease, or lend the SOFTWARE PRODUCT(S).
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from OIC. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or other files of the SOFTWARE PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed End User have the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT(S) (or any portions thereof). In particular, you may not share copies of the Redistributables with other End Users. You may not reproduce or distribute any OIC documentation without OIC’s explicit permission.
The following file(s) are considered redistributables under this EULA:
AT NO TIME MAY AN END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH OIC SOFTWARE PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE PRODUCT(S) contained within this installation.
Distribution by the End User of any design-time tools (EXE’s OCX’s or DLL’s), executables, and source code distributed to The End User by OIC as part of this SOFTWARE PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The End User shall not develop software applications that provide an application programming interface to the SOFTWARE PRODUCT(S) or the SOFTWARE PRODUCT(S) as modified.
The End User may NOT distribute the SOFTWARE PRODUCT(S), in any format, to other users for development or application compilation purposes. Specifically, if the End User creates a control using the SOFTWARE PRODUCT(S) as a constituent control, the End User may NOT distribute the control created with the SOFTWARE PRODUCT(S) (in any format) to users to be used at design time and or for ANY development purposes.
The End User MAY NOT REDISTRIBUTE any SOFTWARE PRODUCT(s) files if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE PRODUCT(s).
If the SOFTWARE PRODUCT(S) is labeled as an upgrade, you must be properly licensed to use the SOFTWARE PRODUCT(S) identified by OIC as being eligible for the upgrade in order to use the SOFTWARE PRODUCT(S). A SOFTWARE PRODUCT(S) labeled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT(S) that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT(S). You may use the resulting upgraded PRODUCT(S) only in accordance with all the terms of this EULA.
All title and copyrights in and to the SOFTWARE PRODUCT(S) (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE PRODUCT(S)) are owned by OIC or its subsidiaries. The SOFTWARE PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE PRODUCT(S) as described in this EULA.
9. DISCLAIMER OF WARRANTY
OIC expressly disclaims any warranty for the SOFTWARE PRODUCT(S). THE SOFTWARE PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OIC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by OIC or its employees shall create a warranty or in any way increase the scope of this warranty.
10. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall OIC 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 of or inability to use the SOFTWARE PRODUCT(S) or the provision of or failure to provide Support Services, even if OIC has been advised of the possibility of such damages.
The End User understands that the SOFTWARE PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE PRODUCT(S) or failure by the End User to properly use and or deploy the SOFTWARE PRODUCT(S). The End User assumes full and sole responsibility for any use of the SOFTWARE PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND OIC’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL OIC’S LIABILITY EXCEED THE PRICE PAID TO OIC FOR THE SOFTWARE PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE PRODUCT(S).
You hereby agree to indemnify OIC and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE PRODUCT(S) included herein.
12. SUPPORT SERVICES
OIC may provide you with support services related to the SOFTWARE PRODUCT(S) (“Support Services”). Use of Support Services is governed by OIC policies and programs described in the user manual, in “on line” documentation and/or other OIC provided materials. Any supplemental SOFTWARE PRODUCT(S) provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT(S) and subject to the terms and conditions of this EULA. With respect to technical information you provide to OIC as part of the Support Services, OIC may use such information for its business purposes, including for SOFTWARE PRODUCT(s) support and development. OIC will not utilize such technical information in a form that personally identifies you.
OIC may collect performance information related to the SOFTWARE PRODUCT(S). It’s helpful for ScanToPDF’s engineers to be able to measure how ScanToPDF behaves in the real world. It measures and collects non-personal information, such as memory consumption, responsiveness timing and feature usage. It then sends this information to OIC on a sporadic basis who uses it to make ScanToPDF better for you.
Without prejudice to any other rights or remedies, OIC will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE PRODUCT(S) developed by you, whether in native, altered or compiled state.
This EULA shall be construed, interpreted and governed by the laws of the United Kingdom. This EULA gives you specific legal rights; you may have others that vary from country to country.
This EULA may only be modified in writing signed by you and an authorized officer of OIC. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
OIC reserves all rights not specifically granted in this EULA.
ACKNOWLEDGEMENTS. The End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact OIC for any reason, please contact us directly in the U.K +44 (0)208 586 4533 or write: OiC, PO BOX 2351, Ilford, IG1 8AU, UK or email email@example.com