|
License Agreement
|
|
|
|
| 1. Subject of agreement
|
| The subject of this agreement is the software ActiveGige, the operating manuals, and all other accompanying material. It will be referred to henceforth as ActiveGige SDK.
|
|
|
| 2. Grant of license
|
| A&B Software LLC grants the Licensee a non-exclusive, non-transferable, personal and worldwide license to use one copy of ActiveGige SDK in the development of an end-user application, as described in section 3 (below). This license is for a single developer/one computer and not for an entire company. If additional programmers wish to use ActiveGige SDK, additional copies must be licensed.
|
|
|
| 3. End user application
|
| An end user application is a specific application program that is licensed to a person or firm for business or personal use. The files which are not listed under section 5 must not be included with the end user application. Furthermore, the end user must not be in a position to be able to neither modify the program, nor to create ActiveGige SDK based programs. Likewise, the end user must not be given the ActiveGige SDK serial number.
|
|
|
| 4. Royalties
|
| The ActiveGige SDK is NOT royalty free. The cost and licensing issue breaks down into the cost of the development environment and the cost for each run-time license that must be shipped with any product that embeds ActiveGige SDK. Each video device requires a separate runtime license.
|
|
|
| 5. Redistributable files
|
| The redistributable components of ActiveGige SDK are those files specifically designated as being distributable in the distributing your application section of ActiveGige User's Guide.
|
|
|
| 6. Trial version
|
| A&B Software LLC grants the Licensee a non-exclusive license to test ActiveGige SDK for 21 days on one computer system using the Trial version. The Trial version must be used solely for the trial and evaluation of the Software. The Licensee is not permitted to use the Trial version for any other purpose, including without limitation any use of the Software for productive purposes, hardware testing or in the operation of any Licensee's business.
|
|
|
| At the end of the evaluation period the Licensee shall promptly remove all coding and other vestiges of the Trial version from the computer system, and make no further use of it, except to the extent that may be permitted under any subsequent agreements between the Licensee and A&B Software LLC
|
|
|
| 7. Third party software
|
| ActiveGigE SDK is distributed with the runtime version of GenICam™ group reference implementation, subject to GenICam™ licensing agreement.
|
|
|
| Certain third party software included with the Software is subject to additional terms and conditions imposed by third party licensor(s).
|
|
|
| 8. Copyright
|
| The Software is the property of A&B Software LLC. A&B Software LLC reserves all rights to the publishing, duplication, processing and utilization of ActiveGige SDK. A single copy may be made exclusively for security and archiving purposes. Without the express written permission of A&B Software LLC it is forbidden to:
|
| · | reverse engineer, emulate, decompile, decrypt, disassemble, or in any way derive source code from ActiveGige SDK
|
| · | modify, translate, adapt, alter or create derivative work(s) of ActiveGige SDK
|
| · | copy ActiveGige SDK's accompanying written documentation
|
| · | lend, hire out or lease ActiveGige SDK.
|
|
|
| 9. Exclusion of warranties
|
| A&B Software LLC offers and the Licensee accepts the product 'as is'. A&B Software LLC does not warrant ActiveGige SDK will meet the Licensee's requirements, nor will operate uninterrupted, nor error free.
|
|
|
| 10. Liability
|
| With the exception of damage caused by willful or gross negligence, neither A&B Software LLC nor its distributors are responsible for any damage whatsoever which is put down to the use of ActiveGige SDK. This is valid without exception, including loss of profits, lost working time, lost company information or other financial losses. In any event the liability of A&B Software LLC is limited to the purchase price.
|
|
|
| 11. Duration of Agreement
|
| This agreement is valid for an indefinite period of time. The Licensee's rights as a user automatically expire if the conditions of this agreement are in any way violated. In this event all data storage material and all copies of ActiveGige SDK are to be destroyed.
|