READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (HEREINAFTER THE "AGREEMENT") CAREFULLY. BY DOWNLOADING, INSTALLING, IMPLEMENTING OR USING THIS SOFTWARE PRODUCT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AS ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU AND IDAUTOMATION.COM INCORPORATED (HEREINAFTER "IDAUTOMATION"). IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR EQUIVALENT) BUTTON. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR EQUIVALENT) BUTTON.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IDAUTOMATION AND YOU HEREBY AGREE AS FOLLOWS:
DEFINITIONS:
(a) "You" shall mean the individual using, implementing,
downloading, or installing the underlying Software. In the event You are using,
implementing, downloading, or installing the underlying Software on behalf of an
Organization, all liability for a breach of this agreement shall be the
responsibility of said Organization.
(b) "Licensee" shall mean You together with any Organization
You may be representing, or any related agent, employee,
or representative of You that has downloaded, used, installed, or implemented the
software package on Your behalf.
(a) "Software" shall mean any and all computer programs produced,
created, developed, or provided by IDAutomation, including, but not limited to,
applicable programs, fonts, components, hosted services, source code, modules,
corresponding documentation, updates, upgrades, or modifications thereto.
(b) "Developer" shall mean an individual who has a primary job function
of developing software applications.
(c) "Server" shall mean a computer system that multiple users access or
make use of, including but not limited to, terminal servers, file servers,
application servers or web servers.
(d) "Source Code Agreement" shall mean a separate written instrument
governing the use and rights to the underlying Software.
(e) "Effective Users" shall
mean the number of users that are effective for software licensing, which is determined
by the following method that returns the greatest number: (1) The number of
users that have access to the Software, (2) The number of
computers on which the Software is installed, (3) The number of printers that
are being printed to with the Software, or (4) Where the Software is used on a
Server or run from a Server, the number of users per week that have access to the
Software on the Server, or (5) the number of users per week that have access to programs
making use of the Software on the server.
(f) "Pages Per Minute" shall mean the number of pages a printer can print
on in one minute when a page or series of labels is 11 inches long.
(g) "Affiliate Program" shall mean the automated sales referral program
described at
http://www.idautomation.com/affiliates/.
(h) "Organization" shall mean a single company, business unit, entity
or individual. In this Agreement, each
subsidiary of a company or business unit with a separate Tax ID is considered a separate Organization.
(i) "User" shall mean a single person that is making use of the Software.
TERMS:
1. License Grant
In consideration for the license fee paid, and other good and valuable
consideration, IDAutomation grants to Licensee only, unless otherwise limited by
the license purchased or granted, the nonexclusive, nontransferable, perpetual,
world-wide right to use the Software in accordance with this Agreement and the
license defined herein that Licensee purchases ("License"). If You are
installing, accessing or using this
Software for Your employer, this Agreement also includes Your employer. Licensee
may only use the Software according to the License purchased or granted by IDAutomation. IDAutomation offers several license types to meet the needs of
different Organizations and implementations. Particular Licenses are offered for each
product depending on the intended use of the Software. IDAutomation offers some
Licenses that are granted to Licensee by this Agreement and not purchased; these include the Optional
Integration License, Evaluation License, Free License and the Beta License.
A. Site License - allows use of the Software for all users at a single site within a single Organization. Because of the discounts associated with this license, technical support is provided to a single technical contact at Licensee's Organization instead of to each individual user.
B. Multi Site License - allows use of the Software for an unlimited number of users at an unlimited number of sites within a single Organization. Because of the discounts associated with this license, technical support is provided to a single technical contact at Licensee's Organization instead of to each individual user. The Source Code of the application may be provided with this License by an executed Source Code Agreement.
C. Developer Licenses
Developer Licenses offer royalty free use of the Software internally (within
the same Organization) and externally (outside the
Organization bundled with an
application) according to the Developer License Distribution Terms. This license
type is licensed by the number of Developers that will be using or working with
the Software. The following types of Developer Licenses are available:
(1). One Developer License
The One Developer License (“1DL”) allows royalty-free distribution and use
of the Software internally (in the same Organization) and externally (outside
the Organization) for a single Developer and up to 10,000 user licenses
according to Effective
Users, provided Licensee adheres to the
Developer License Distribution Terms.
(2). Five
Developer License
The Five Developer License (“5DL”) allows royalty-free distribution and use
of the Software internally (in the same Organization) and externally (outside
the Organization) for up to five Developers and up to 20,000 user licenses
according to Effective Users, provided Licensee adheres to the
Developer License Distribution Terms. This license is also granted
if two 1DLs are purchased.
(3).
Unlimited Developer License
The Unlimited Developer License (“UDL”) allows complete royalty-free
distribution and use of the Software internally (in the same
Organization) and
externally (outside the Organization) for an unlimited number of developers,
servers and other user licenses, provided Licensee adheres to the
Developer License Distribution Terms. This license is also granted if three
1DLs are
purchased. The UDL also allows the Source Code for the Software to be purchased
with a signed Source Code Agreement.
(4). Annual
Advantage Developer License
The Annual Advantage Developer License (“AADL”) grants the rights of
the applicable Developer License on an annual subscription basis
and includes Priority Support & Unlimited Upgrades. For example, the Annual
Advantage 5 Developer License grants the rights of the 5 Developer License. This License is a convenient
way to ensure that the Licensee has access to all updates and the highest level
of technical support at all times. IDAutomation will send the Licensee an
invoice by email for the renewal before the subscription expires. This License
and Agreement shall terminate if IDAutomation does not receive payment for the
subscription renewal ninety (90) days after the subscription expires. If the
AADL expires and is not renewed, the following
conditions apply: (1) Licensee must destroy all copies of the Software in its
Organization within ninety (90) days after subscription expiration; and (2) if
Licensee has distributed Software with an application outside its Organization,
Licensee may continue to use said Software in its application and Licensee may
keep applicable documentation, provided that Licensee does not continue to
distribute Software in its application, and payment for at least one AADL was
received and not refunded.
(5). Small
Company Developer Licenses
The Small Company Developer License (“SCDL”) grants all rights of the
applicable Developer License to all Organizations with a gross
annual revenue or funding of less than 2 million U.S. Dollars (or equivalent
amount in a foreign currency) with a signed Small
Company Agreement. All rights of the Five Developer License are
granted if 2 SCDLs are purchased and all rights of the Unlimited Developer
License are granted if 3 SCDLs are purchased.
D. Single User License
The Single User License ("SUL") allows use of the Software for one
User in Licensee's Organization according to
Effective Users.
The SUL shall not be used in connection with: (1) A high speed printer that
prints over 55 Pages Per Minute, or (2) A system (including all hardware,
printer and software) having a cost totaling over 50,000 USD or equivalent
amount in a
foreign currency. Such use requires a Developer License, Site License or Multi
Site License. The more single user licenses that are purchased, the more users
that are allowed:
1 Single User License = 1 licensed user
2 Single User Licenses = 5 licensed users
3 Single User Licenses = 25 licensed users
4 Single User Licenses = 50 licensed users
5 Single User Licenses = 100 licensed users
6 Single User Licenses = Developer License Granted for 10,000 licensed users
E. Multiple User Licensing
Multiple user licenses grant 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.
F. Developer use with the Single User License
Developer use with the Single User License requires at least a 5 User License
to be purchased unless the Developer and end User are the same person. A
Developer may integrate the Software into an application if the Developer is not
the end User, provided the Developer uses one License and the end User uses
another License. If more than one Developer uses the Software, Licensee must
purchase a Developer License for each additional Developer.
G. Single Server
License
The Single Server License (“SSL”) allows use of the Software on one
(1) server in Licensee's Organization, where a single Server may have only 1 CPU
core and up to 100 unique User accesses to the Software from the Server per day.
A SSL is required for each additional Server, or CPU core. Additional SSLs
may also be obtained for the same server to increase the requirements. For
example, 2 SSLs allow 2 CPU cores and up to 200 unique User accesses to the
Software per day on the same Server. If 4 SSLs are purchased for the same
Software, the rights of the Developer License are granted. If the Software is
not used on a server, the licensing options of the Single User License may be
used where 1 SSL equals 1 Single User License. The SSL shall not be used in
connection with: (1) A high speed printer that prints over 55 Pages Per Minute,
or (2) A system (including all hardware, printer and software) having a cost
totaling over 50,000 USD or equivalent in a foreign currency. Such use requires
a Developer License, Site License or Multi Site License.
H. Optional Integration License
The Optional Integration License grants Licensee the right to integrate
Software into Licensee’s application without any cost to Licensee and offers an
additional method of increasing Licensee’s revenue by generating referrals to
our Software through the Affiliate Program. This type of license is
automatically granted to Licensee by IDAutomation when executed in whole or in
part by Licensee and does not require a purchase or a signed agreement. Under
the terms of this Agreement, IDAutomation shall pay Licensee thirty percent
(30%) for each sale of Software that is processed through the
Affiliate Program. IDAutomation shall also provide support to Licensee’s clients as necessary for
Software problems related Licensee’s application and assist in the installation
and maintenance of the Software for Licensee’s application, provided that
Licensee supplies IDAutomation a copy of its application for support purposes.
Under the terms of this Agreement, Licensee shall: (a) agree not distribute any
Software (for which a purchased license is required) with Licensee’s
application. However, Software that is a demo, evaluation or freeware version may be distributed with
Licensee’s application provided that Licensee encourages and recommends a
license purchase from IDAutomation; (b) recommend our Software as a plug-in or add-on to
Licensee’s application to obtain additional functionality; (c) provide a link to
the applicable product from Licensee’s website to ours using the
Affiliate
Program; (d) provide an API to our Software from Licensee’s application; and (e)
provide documentation or instructions to Licensee’s clients for installation of
Software into Licensee’s application.
I. Free License
Software that is classified as "freeware" or a "free version" ("Free
Software") may be freely used if any one of the following 4 conditions are true:
(1) Licensee's Organization has a gross annual revenue of less than $500,000 USD;
(2) Licensee's Organization is
classified as nonprofit for tax purposes excluding government and military
Organizations;
(3) The Free Software is used for personal use or educational
purposes (for example, in a classroom); and
(4) If provided with an accompanying product by IDAutomation where the documentation for the product grants
a
license to the Free Software. In such a case, the Free Software may only be used
in connection with the accompanying product.
ANY OTHER USE REQUIRES A PURCHASE FOR THE ASSOCIATED PRODUCT LICENSE, AFTER A
PERIOD OF 30 DAYS, WHICH IS GRANTED TO LICENSEE FOR EVALUATION PURPOSES ONLY.
Technical support for Free Software is limited to the online support documents and by searching resolved public help desk issues. Additional support including priority phone, email and help desk support may be obtained by ordering a license to the applicable Software. Free Software may only be redistributed with the associated and unmodified Software, installation and documentation files. Free Software may be bundled with any commercial package, CD ROM, distributed by itself, and can be accompanying books or magazines provided that all files are included and the files are not tampered with in any way. A reasonable fee may be charged by the distributor to cover costs of media or shipping & handling. Free Software may not be distributed in part as a component of Licensee's application or Licensee's application installation files; this type of distribution requires a Developers License for the associated product or implementation of the Optional Integration License.
J. Evaluation License
Software that is distributed as shareware or a demo version may only be used
for testing and evaluation purposes only for a period of 30 days.
K. Beta License
Software that is distributed as a beta version may be used during the beta
testing period and up to 30 days after the official release is available.
L. Developer License Distribution Terms
As used in this section, the term ("User Licenses") shall mean
the number of Users that Licensee's License allows according to the definition
of
Effective Users. The Developer
License allows 10,000
Effective Users, The 5 Developer License allows
20,000
Effective Users and the Unlimited Developer License allows an
unlimited number of
Effective Users.
(a). Internal Distribution:
Allows use of the Software in Licensee’s Organization,
provided Licensee does not exceed its User Licenses and Licensee adheres to the following terms:
(1) If distribution of Licensee’s application exceeds its User Licenses, additional Developer Licenses are required; each Developer License
purchased will allow distribution of an additional 10,000
Effective Users. Royalty-free,
unlimited distribution is granted after purchasing three Developer Licenses or
the Unlimited Developer License.
(2) If more than one Developer is developing with the Software, an additional
Developer License is required. Up to 5 Developers may use or develop with the Software
after purchasing an additional Developer License or the 5 Developer License.
Unlimited Developer use is granted after purchasing three Developer Licenses or
the Unlimited Developer License.
(3) The Software may be used on any number of Servers, provided that the number
of users accessing all of the servers does not exceed Licensee’s
User Licenses.
(b). External Distribution:
Allows Licensee to rent, lease or distribute the Software outside its
Organization bundled with an application, provided Licensee does not exceed its
User Licenses and Licensee
adheres to the following terms:
(1) If more than one Developer is developing with the Software, an additional
Developer License is required. Up to 5 developers may develop with the Software
after purchasing an additional Developer License or the 5 Developer License.
Unlimited Developer use is granted after purchasing three Developer Licenses or
the Unlimited Developer License.
(2) Licensee may not resell, rent, lease or distribute the Software alone. The
Software must be distributed as a component of an application and bundled with
an application or with the application's installation files. The Software may
only be used as part of, and in connection with, the bundled application. If the
Unlimited Developer License is purchased, Licensee may embed the Software into
Licensee's firmware, provided a copyright notice is added in the firmware or
documentation as detailed in number 5 of this section.
(3) Licensee may not resell, rent, lease, distribute or otherwise use the Software
for the License that was purchased, in any way that would compete with IDAutomation. If it is determined by IDAutomation or Licensee that
Licensee's distribution or use of the Software competes with IDAutomation, a
reasonable royalty fee for Licensee's distribution or use of the Software
must be negotiated and agreed to by Licensee and IDAutomation and paid to IDAutomation
each quarter or another agreed upon interval of time.
(4) If Licensee uses the Software internally within its Organization, Licensee shall deduct the quantity of its
User Licenses used within its Organization from the total number of its User
Licenses that are distributed outside its Organization. For example, if Licensee
has a One Developer License and uses 4,000 User Licenses internally, it may only
distribute up to 6,000 User Licenses outside its Organization.
(5) A valid copyright notice must be provided within the user documentation,
start-up screen or in the help-about section of Licensee’s application that
specifies IDAutomation as the provider of the Software bundled with it’s
application, for example: “<<your application name>> contains barcode components
licensed from IDAutomation.com, Inc. These products may only be used as part of
and in connection with <<your application name>>.”
(6) Licensee’s User Licenses are counted by the number of users the Licensee's
bundled product is licensed for, with the exception that if its product is
licensed for more than 500 users per copy, only 500 licenses of the Developer
License are used per copy distributed. For example, if Licensee distributes 1
application licensed for 25 users, then that distribution used 25 User Licenses.
If Licensee distributes an application that is licensed to be used on a server
or host system in such a way that 900 users use it, then that application only
uses 500 of its User Licenses.
2. Registration
If Licensee purchases the License directly from IDAutomation, registration
is automatic. If Licensee purchases the License from a reseller, Licensee must
register the License at www.idautomation.com/register/ before technical support or upgrades for the Software
can be made available.
3. Copyright
By downloading, installing, using, or implementing this Software, Licensee acknowledges the validity and enforceability of IDAutomation’s copyright in the
underlying software and code. The Software and the accompanying materials are licensed, not sold, to
Licensee. IDAutomation maintains ownership of all copyright interests in the
Software, including any derivative works based upon the Software. Licensee may
not rent, lease, display or distribute copies of the Software to others except
under the conditions of this Agreement. 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. Licensee may be
held legally responsible for any infringement of intellectual property rights
that is caused or encouraged by Licensees failure to abide by the terms of this
Agreement. Licensee may make copies of the Software as needed for development
and use provided that the number of copies made do not exceed the number of
users allowed by the License purchased. Licensee 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, any copyright notices
included in the Software must be reproduced in their entirety on the copy.
4. Third Parties
Licensee may send a copy of the Software along with its files or documents
to a commercial printer or other service bureau to enable the editing or
printing of its files or documents, provided that (a) Licensee owns a Developer
License for the Software; or (b) such party has informed Licensee that it owns
a valid License to use the Software.
5. Indemnification
IDAutomation warrants to Licensee 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 for intellectual
property infringement for properly licensed Software provided by IDAutomation.
If Software is determined to infringe, or in IDAutomation’s opinion is likely to
become the subject of such a claim, IDAutomation shall, at its option, either:
(a) obtain for Licensee the right to continue using the Software; (b) modify or
replace the Software to make it non-infringing; or (c) refund the fee paid, less
reasonable depreciation, upon return of the Software. Provided, however, that in
no event shall IDAutomation’s total liability (including attorney’s fees) under
this paragraph exceed ten times the purchase price Licensee pays for the License
to use the Software. IDAutomation shall have no liability regarding any claim
arising out of: (a) Software that is used in violation of this Agreement; (b)
Software that has been altered to be different from the purchased version,
unless the infringing portion exists in the unaltered purchased version; (c) use
of the Software in combination with other products (including but not limited to
third party software and hardware) if the infringement was caused by such use or
combination where the purchased version by itself does not infringe. Licensee agrees to defend IDAutomation from and against any and all claims
or lawsuits, and pay any and all damages and expenses including attorney's fees,
that arise or result from the breach of the terms and conditions of this
Agreement, excluding any claims and lawsuits for which IDAutomation is
obligated to defend, indemnify and hold harmless. In the event of such a claim,
IDAutomation shall: (1) give Licensee prompt written notice of any such claims,
actions, demands and legal proceedings as soon as reasonably practicable; (2)
give Licensee sole control of the defense and settlement thereof; and (3)
cooperate with Licensee in the defense thereof, at Licensee’s expense.
6. Conversions and Embedding
IDAutomation grants Licensee the right to convert applicable source code or
fonts, if provided with the Software, to other formats as necessary provided
Licensee owns a Developer License for the Software and Licensee adheres to the
following terms:
A. The copyright notices from the Software must be reproduced in their entirety in the converted product. Licensee agrees that all products converted from the Software are the property of IDAutomation for copyright and other intellectual property purposes. If it is not possible to place the copyright notice in the converted product, Licensee must provide the following copyright notice in the associated documentation or application “<<your application name>> contains <<product name>> licensed from IDAutomation.com, Inc. This product may only be used as part of and in connection with <<your application name>>.”
B. Licensee may only embed source code or fonts in files, documents or reports (for example, in a PDF file) that are distributed outside Licensees Organization if Licensee has purchased a Developer License for the Software and Licensee does not encourage users to extract the embedded source code or fonts.
C. Precise URLs or domains must be specified when creating web embedded fonts such as TrueDoc or OpenType to limit their use to the application they are needed for.
7. Software Modifications
If the Unlimited Developer License is purchased, Licensee may modify any portions of the Software as needed, provided that copyright notices
are not removed, including but not limited to the height, width and tables of
any fonts provided.
8. Agreement Duration and Termination
Subject to the terms and conditions of this Agreement, this Agreement begins
when the Software is downloaded, installed, used or when a License for Software
is purchased or granted and is perpetual unless terminated. When the Agreement
begins, this Agreement shall supersede all older versions of this Agreement
including any older Agreements that may be embedded in the Software. This Agreement shall inure to the benefit of and be binding upon IDAutomation
and Licensee. Licensee
may terminate this Agreement at any time by returning the Software to IDAutomation and destroying all copies thereof. This Agreement shall terminate
upon notice from IDAutomation if Licensee fails to comply with any provision
contained herein or if the funds paid for the license are refunded or are not
received, and such failure or breach is not cured within thirty (30) days of
such notice. Upon termination, Licensee must destroy the Software and all copies
(in part and in whole, including modified copies, if any) in its possession or
control. IDAutomation reserves the right to terminate this Agreement if the use
of Software by Licensee causes a loss of revenue for IDAutomation that exceeds
ten (10) times the amount Licensee paid for the License. Termination of this
Agreement shall not affect the Software bundled and distributed with an
application under the Developer License by Licensee prior to termination,
provided Licensee has purchased a Developer License for the Software, the
bundled application does not compete with IDAutomation in any way, and funds for
the License were received and not returned or refunded in any way. All
restrictions prohibiting Licensee's use of the Software and intellectual property
provisions relating to Software to the benefit of IDAutomation shall survive
termination of this Agreement.
9. 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 Licensee 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.
Licensee, its 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 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 or hosted services, even
if IDAutomation has been advised of the possibility of such damages. In any
case, IDAutomation's entire liability under any provision of this Agreement shall
be limited to ten (10) times the amount actually paid by Licensee for the License or
$5.00 USD if no license was purchased.
10. Technical Support and Product Upgrades
Unless otherwise indicated in the documentation of the Software, IDAutomation offers a free Priority Support and Product Upgrade Subscription for
a period of thirty (30) days from the date of purchase on all licensed Software.
When Licensee’s Priority Support is active, Licensee may contact IDAutomation by
phone, email and through the Online Priority Support Request Form. Priority
Support and Product Upgrades may be provided beyond thirty (30) days if the
Priority Support and Upgrade Subscription is purchased. Support may be provided
to the appropriate individual that (a) ordered the License; (b) is integrating
the Software; (c) a Developer; or (d) the end user if each end user has a
separate License for the Software. If one Developer License is purchased,
technical support is provided for only one Developer. If the 5 Developer License
is purchased, technical support is provided for up to 5 Developers. If the
Unlimited Developer License is purchased, technical support is provided for an
unlimited number of Developers. The Developers responsibilities may be
transferred to another Developer within the Organization as necessary provided
no more than 2 transfers occur within any ninety (90) day period. If Licensee’s
Priority Support and Product Upgrade Subscription expires, Licensee may obtain
free technical support by referring to support documents at the website or by
renewing the Priority Support and Product Upgrade Subscription.
Whenever any Software update, upgrade, or revision is provided to Licensee or
Licensee purchases an additional License, all related Software from IDAutomation
(including any Software that was acquired previously) shall be covered by the
latest version of the Agreement that exists at the time the most recent update
was provided to Licensee.
11. Export Restrictions
The Software is of U.S. origin and distribution of the Software is subject
to export control laws of the United States of America. Licensee agrees that it
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.
12. Controlling Law and Severability
This 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 (city of
Tampa), shall have exclusive jurisdiction and venue over any dispute,
proceeding, or action arising out of or in connection with this Agreement or
Licensee’s use of the Software. If, for any reason, a court of competent
jurisdiction finds any provision of this Agreement, or portion thereof, to be
unenforceable, and that provision of the Agreement shall be enforced to the
maximum extent permissible so as to effect the intent of IDAutomation and
Licensee, and the
remainder of this Agreement shall continue in full force and effect.
13. Assignment and Effect
This Agreement shall inure to the benefit of and be binding upon both
IDAutomation and Licensee, as well as their employees, employers, agents, parents, subsidiaries,
representatives, licensees, and assigns.
14. All Modifications Must be in Writing
There will be no modifications, alterations, or amendments to this
Agreement, unless both IDAutomation and Licensee agree in writing, with the
exception of the
IDAutomation Source Code Agreement, which is an extension of this Agreement
when executed by Licensee and approved by IDAutomation.
15. Non-Waiver
The failure by either party at any time to enforce any of the provisions of
this 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 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.
16. Return Policy
All returns must be received within thirty (30) days of purchase. Details of
our return process are provided at
http://www.idautomation.com/returns/process.html.
Copyright © 1999-2006 IDAutomation.com, Inc. IDAutomation is a registered
trademark of IDAutomation.com, Inc. All
other trademarks mentioned
are the property of their respective owners. Agreement Version 6.7.