This summary above is not intended to modify or replace the actual terms of the End User License Agreement and only serves as a summary:
- Redistribution of the Barcode Bakery software library is not allowed.
- You must purchase a license to use Barcode Bakery commercially. This includes use in the education and non-profit sectors.
- You must purchase a license for each server OR developer (which depends on the programming language) deploying Barcode Bakery.
- Licenses can be reassigned to new servers by destroying any copies of Barcode Bakery on the previous server.
- Barcode Bakery is an intangible good, so no refunds are permitted.
Conditions générales d'utilisation
This Agreement governs the relationship between you, either an individual or a Legal Entity ("Licensee"), and Noise Bakery LLC ("Licensor"). This Agreement sets the terms, rights, restrictions and obligations on using Barcode Bakery ("The Software") created and owned by Licensor, as detailed herein.
"The Software", "Software", or "Barcode Bakery" shall mean the copyrighted material owned by Licensor, subject to the terms of this License. The Software is publicly, uniquely, and in its entirety recognizable by the "Barcode Bakery" name ("Software Name").
"Software Release" or "Release" shall mean a set of files distributed by Licensor, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. Such code is generally referenced as the Software version or revision number, or a combination of both.
"Release Date" shall mean the day that Licensor started distributing a Release.
"Product" shall mean one or more websites, web applications, or computer programs (i) owned by Licensee, or (ii) to which the owner grants Licensee the permission to act in behalf of the owner for the purposes of this Agreement. A Product that goes in competition with the Software does not constitute a valid Product for the scope of this Agreement.
"Developer" shall mean an authorized person designated by Licensee to perform Development Activities.
"Development Activity" shall mean the act of interacting with the Software or one of its Releases, in any number of Products owned or produced by Licensee, with the intent of installation, customization, configuration, testing, documentation, or any other software development activity related to the Software.
"Personal use" shall mean personal, noncommercial use by an individual User. Personal Use excludes use for the benefit of any third party, including commercial, educational, governmental or non-profit entities.
"Effective Date" means the date on which the Legal Evidence is made effective.
3. License Grant
Licensor hereby grants Licensee, in accordance with one of the License Models described in clause 4, a Personal, Non-assignable & non-transferable, Perpetual, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
3.1 Limited: Licensee may use Software for the purpose of:
- 3.1.1. Running Software on Licensee's Website[s] and Server[s];
- 3.1.2. Allowing 3rd Parties to run Software on Licensee's Website[s] and Server[s];
- 3.1.3. Publishing Software's output to Licensee and 3rd Parties;
- 3.1.4. Distribute verbatim copies of Software's output (including compiled binaries);
- 3.1.5. Modify Software to suit Licensee's needs and specifications.
- 3.2. This license is granted perpetually, as long as you do not materially breach it.
- 3.3. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in obfuscated or minified form under a personal, non-sublicensable, limited license.
- 3.4. Non-Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
- 3.5. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties.
- 3.6. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software's source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made.
4. License Models
The Software may be assembled with the Product and redistributed in respect of one, and only one, of the following models ("License Models") of Licensee's choice:
1) ("Server Licenses") Licenses granting Development Activities on a limited number of servers owned Licensee:
- a) ("1 Server license") License allowing Barcode Bakery to be deployed on a single Server.
- b) ("5 Server license") License allowing Barcode Bakery to be deployed on up to a maximum of five Servers.
- c) ("15 Server license") License allowing Barcode Bakery to be deployed on up to a maximum of five Servers.
- 2) ("Developer license") License granting Development Activities to a single Developer Person.
- 3) ("Free license") License granting personal use only. If you plan to earn money or increase your productivity, you must acquire a commercial license. Business and organizational users may use the Free license as a trial version for testing purposes, but must purchase a license for any other use. You may install Barcode Bakery on a maximum of one (1) server belonging to Licensee. In the instance of using virtual servers, each of them must be individually licensed. The servers can run one or multiple HTTP virtual hosts.
A valid Server license is required for every single non-test Server. If Barcode Bakery is completely removed from the previous server, the Servers licenses may be reassigned to a new server. The number of included Server or Developer licenses shall be indicated in the Legal Evidence.
Developer licenses cannot be shared among different Developer Persons. Non-Development Activities on Production Websites do not require Developer licenses.
License Fee pricing, restrictions, an availability may differ depending on the license model.
5. Agreement Acceptance
This Agreement is automatically accepted by both parties as long as Licensee is in possession of legal evidence ("Legal Evidence") that the acceptance has taken place. The Legal Evidence can be represented by (i) a copy of this Agreement signed by Licensee and Licensor or (ii) a valid Certificate of License Ownership, provided by Licensor and addressed to Licensee. The Legal Evidence must precisely indicate this Agreement, the Software Name, and the License Model that Licensee has chosen.
Legal Evidences for different combinations of License Models, Sites, and Products will not restrict each other and will not interfere in the rights granted to Licensee by each of them.
6. Limitation on Releases
This agreement is valid for all Releases of the Software with Release Dates within or before the 90 days that follow the Effective Date ("Upgrade Period"). Licensor has no obligation to provide you any Release that is not released for general distribution to other Barcode Bakery licensees. Nothing in this Agreement shall be construed to obligate Licensor to provide additional Releases to Licensee under any circumstances.
Technical and other support provided by Licensor is completely voluntary. Licensor reserves the right to refuse support and/or services to anyone for any reason. Licensor is not in any way obliged to perform bug fixing or custom development activities.
8. Client Identification and Logo
By purchasing a license, you agree (i) that Barcode Bakery may identify you as a recipient of the Service and use your logo in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by Barcode Bakery on its website for promotional purposes. By purchasing a license, you grant us a limited, non-exclusive, royalty-free right to use your logo (if any) in a manner that identifies you as a user of the Service alongside any testimonial information you may have provided.
9. Term & Termination
The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee's license in the case where Licensee:
- a) became insolvent or otherwise entered into any liquidation process; or
- b) exported The Software to any jurisdiction where licensor may not enforce his rights under this agreement in; or
- c) Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
- d) Licensee in breach of any of the terms of clause 3 to this license; or
- e) Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
In consideration of the License granted under clause 3, Licensee shall pay Licensor a fee, via Credit-Card, Bank Transfer or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software's actions, failure, bugs and/or any other interaction between The Software and Licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software's source code.
- 11.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
- 11.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee's computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License's Server[s] and Website[s].
- 11.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected The Software.
13. No Refunds
Licensee warrants that he inspected The Software according to clause 11.3 and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee's use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee's consent prior to any settlement in relation to such lawsuit or claim.
15. Limitation of liability
In case of any breach of this Agreement by the Licensor, your sole and exclusive remedy shall be, at the Licensor's option, either:
- a) Repair or replacement of The Software so that it conforms to the Agreement, or
- b) Refund the fee that you paid to license The Software, where applicable.
In no event shall Licensor be liable for any damages of any type, whether direct or indirect, consequential, incidental or special damages, including without limitation, lost revenues, lost profits, losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which such liability may be asserted, even if The Software has been advised of the possibility or likelihood of such damages. Licensor shall have no liability with respect to any data that is read, accessed, stored or processed with the licensed software, or for the costs of recovering any such data.
In no event shall Licensor's maximum aggregate liability under this agreement exceed the total fees paid or payable by you to license The Software.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any and all disputes licensor brings forth pertaining to this Agreement shall be submitted to one arbitrator in binding arbitration within ten miles of Seattle, Washington in accordance with the Commercial Rules of the American Arbitration Association ("AAA").
The arbitrator shall be experienced in computer consulting, the development of custom software, the sale of software, or related services.
If You and Barcode Bakery do not agree on an arbitrator within sixty (60) days of the institution of the arbitration, the arbitrator shall be chosen by AAA.
Evidence and argument may be presented in person or by telephone, fax, postal mail, electronic mail, and other methods of communication approved by the arbitrator.
17. Governing Law, Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, without regard to its provisions governing conflicts of law.
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.