Symbol Factory Licence Agreement.

SYMBOL FACTORY 2.0 LICENSE AGREEMENT FOR END USERS OBTAINING PRODUCT VIA A SOFTWARE TOOLBOX OEM

By installing the software application that includes symbol Factory 2.0, you accept these license terms. The software package that installed Symbol Factory 2.0 with a SYM licence installed has obtained and paid for a license of Symbol Factory 2.0 for EXCLUSIVE USE WITH this NAMED OEM APPLICATION software package defined below: 

"NAMED OEM APPLICATION": MicroScan V5 Software.

1. GRANT OF LICENSE. Reichard Software Corporation grants you, the end user, a non-exclusive license to (a) use the enclosed software on a single computer; (b) make one copy of the enclosed software for backup purposes. The software programs and other materials in this package are provided to you under the terms of this license agreement and are not sold to you. You own the media on which the software is recorded, but Reichard Software Corporation retains copyright, title, and ownership of the software itself.

2. RUNTIME LICENSING. RUNTIME shall mean a compiled software application in which the user, end-user, or customer cannot change the design, configuration, size, location, or arrangement of the images from this library. In a RUNTIME application, the user, end-user, or customer cannot select images from this library to be used in creating the application.

In general, there are no RUNTIME royalty fees for RUNTIME applications created using images from this image library, subject to the restrictions found in this license agreement. The intended purpose of royalty-free RUNTIME licensing is so that an individual end-user can use a reasonable number of images from this image library in creating a custom RUNTIME HMI (�Human Machine Interface�) application EXCLUSIVELY WITH THE SPECIFIC NAMED OEM APPLICATION. For example, if you include some of the Symbol Factory images in a NAMED OEM APPLICATION to depict a specific process, you do not need to pay royalty fees for Symbol Factory 2.0 for compiled RUNTIME copies of the runtime NAMED OEM APPLICATION that you distribute that contain the images embedded into the application provided that your application does not meet one of the specifically excluded application types below.

The following uses are not allowed under this grant of RUNTIME license and will require a special OEM license:

1. Usage of the images with any application other than the NAMED OEM APPLICATION.

2. You shall not distribute any portion of the image library in the set of binary CAT files installed by this product, nor shall you extract any portion of the images from the library and repackage them for distribution with another software product.

3. If you are the manufacturer of a commercially-available software package, you shall not include any images from this image library in your commercially-available software package without a proper special license that is not granted with this end user license. The developer of the NAMED OEM APPLICATION has obtained this special license for your use EXCLUSIVELY with the NAMED OEM APPLICATION.

4. You shall not provide a means for users to choose symbols from this library whether in native form or any other form and add them to your application at runtime and save any screens, images, or other displays using these images without a proper license.

5. You shall not create derivative software components such as ActiveX controls, Java Applets, different file formats of the symbols, or other components for commercial sale or for inclusion in a commercially available application such as a Human Machine Interface application. 

6. You shall not distribute any of the raw files installed by this application with your application in any form, wrapped or not.

7. You shall not reverse engineer, extract, copy, have copied or re-drawn for the purposes of significantly replicating the images in the library, or otherwise repackage the files installed by this application for any purpose including the distributing a significant portion of the library with your application.

Special OEM licensing is available for situations that are not covered by this license. Please contact Software Toolbox Inc at www.softwaretoolbox.com for information on OEM licensing of this product. If you have any doubts about whether your application fits into the scope of this RUNTIME LICENSING clause, it is your responsibility to contact us to discuss your situation and obtain written verification that your intended use is covered.

3. TRANSFER OF LICENSE. You may NOT transfer this software license to another party unless you transfer it with the NAMED OEM APPLICATION. The license for this software is NOT SEPARABLE from the NAMED OEM APPLICATION. If you do transfer the license under allowed terms, the receiving party agrees to accept the terms and conditions of this agreement; (b) You do not retain any copies of the program, whether in printed or machine-readable form; and (c) You transfer the whole license to this software. Sublicensing of this product in part or whole is not permitted. If the NAMED OEM APPLICATION does not allow transfer of their license, then you may not transfer the license of Symbol Factory 2.0. 

4. NO OTHER RIGHTS. Except as stated above, this agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks, or any rights, franchises of license with respect to the enclosed software and documentation. You may not modify, translate, disassemble, reverse engineer, or decompile the software, in whole or in part. REICHARD SOFTWARE CORPORATION RESERVES ALL RIGHTS NOT EXPLICITLY GRANTED IN THIS LICENSE AGREEMENT. YOU ARE RESPONSIBLE FOR INSURING THAT YOUR USE OF THE SOFTWARE IS WITHIN THE TERMS OF THIS AGREEMENT AND OBTAINING WRITTEN CLARIFICATION IF YOUR USAGE DOES NOT CLEARLY MEET ONE OF THE ALLOWED USAGES OUTLINED IN THIS AGREEMENT.

5. UPDATE POLICY. Reichard Software Corporation may create, from time to time, updated versions of the software. However, Reichard Software Corporation and its agents are under no obligation to provide updates free of charge.

6. SUPERCEDES PREVIOUS AGREEMENTS. If you are installing the software to upgrade an older version of the software, this license agreement SUPERCEDES any previous license agreements that may have been in effect when you purchased the license of your older version of the software. If you do NOT agree with the terms of this current agreement you should NOT install this software and contact us immediately.

7. WARRANTY. A warranty has been provided to the NAMED OEM APPLICATION developer for Symbol Factory. Please contact the developer of the NAMED OEM APPLICATION for any warranty issues as your warranty for the NAMED OEM APPLICATION is with the developer of the NAMED OEM APPLICATION and they will be responsible for handling any warranty issues with you and then bringing them to our attention under our warranty with the developer of the NAMED OEM APPLICATION.

8. LIMITATION OF WARRANTIES AND LIABILITY. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, REICHARD SOFTWARE CORPORATION AND IT'S AGENTS, INCLUDING SOFTWARE TOOLBOX INC. MAKE NO OTHER WARRANTIES WITH RESPECT TO THIS SOFTWARE, AND IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MAXIMUM LIABILITY ASSUMED BY REICHARD SOFTWARE CORPORATION AND IT'S AGENTS, INCLUDING SOFTWARE TOOLBOX INC. IS THE PURCHASE PRICE OF THIS SOFTWARE. IN NO EVENT SHALL REICHARD SOFTWARE CORPORATION OR ITS AGENTS INCLUDING SOFTWARE TOOLBOX INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF REICHARD SOFTWARE CORPORATION OR ITS AGENTS INCLUDING SOFTWARE TOOLBOX INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.