ObjectiveTwain Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
DEFINITIONS
The "Software" refers to the subject of this agreement, i.e. to the ObjectiveTwain Package from Gnome, Ltd. "Product" refers to any product containing the Software.
1. EVALUATION LICENSE GRANT.
Gnome grants to you a non-exclusive, non-transferable limited license to use the Software without fee for time until the trial license is valid. It is for EVALUATION of the Software and for development of Java applications provided that you: may not re-distribute the Software in whole or in part, either separately or included with a product.
2. LICENSE TO USE.
Gnome grants you a non-exclusive and non-transferable license for the use of software by the number of users for which the corresponding fee has been paid. Licensee may not re-distribute the Software in whole or in part separately, but only integrated into the Product. Special agreement is required if the Product is a Java library, otherwise there is no obligation to pay additional royalty fees.
3. RESTRICTIONS.
Software is an intellectual property of Gnome and is protected by copyright. You may not modify, decompile, reverse engineer Software or otherwise attempt to discover source code of the Software.
4. LIMITED WARRANTY.
Software is provided "AS IS" and Gnome makes no warranty as to its use or performance.
5. DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GNOME BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF GNOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Gnome's liability to you exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
7. TERMINATION.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Gnome if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.