OCR Tools is a Division of File Innovations,
Licenses are PER DEVELOPER. One
developer may utilize a single developer license on one machine
Client-side controls are licensed ROYALTY FREE. You pay to use them in design
time. You do not pay additional royalties when you create an executable and
distribute the component with that executable.
Server-side controls are licensed DEPLOYMENT
FREE. You pay to use them in design time.
All sales of licenses are final.
Distribution of controls for use in design time
is NOT covered under this license. If you wish to distribute our controls as
part of a design environment, that requires a special OEM license and does
involve the payment of royalties.
*These are recaps of key
points in our license agreements. For exact license terms and conditions please
read the full License Agreements below.
AGREEMENT FOR File Innovations, LLC:
(Revised October 2, 2015)
VERY IMPORTANT - READ CAREFULLY:
This File Innovations Software
License Agreement (hereinafter, this "LICENSE") is a legal agreement between you
(either an individual or a single entity) and File Innovations, LLC ("File
Innovations") hereafter referred to as File Innovations,
for the software containing this LICENSE or products identified on the disk or
CD-ROM enclosed with the package which contain computer software and associated
media and printed materials, and may include "on-line" or electronic
documentation (the "SOFTWARE") and for which the CD-Key(s) are either provided
on the back of the enclosed CD case or obtained through File Innovations or its
IT IS NECESSARY FOR YOU TO
AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO
CONTINUE TO INSTALL THE SOFTWARE. BY CLICKING THE [ENTER] OR [ACCEPTED]
DURING INSTALLATION, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCUDING THE WARRANTY
DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
I. OWNERSHIP; LICENSE
This is a license agreement
and NOT an agreement for sale. File Innovations continues to own the copy
of the SOFTWARE contained on the disk or CD-ROM or in electronic form from an
internet download and all copies thereof. Your rights to the SOFTWARE are
specified in this LICENSE, and File Innovations retains all rights not expressly
granted to you in this LICENSE. File Innovations hereby grants to you, and
you accept, a non-exclusive, non-transferable license to use, copy and modify
the SOFTWARE only as authorized below.
This LICENSE grants you the
A. The SOFTWARE is
licensed per individual developer. If you have purchased a "multi-pack"
license, you may use a copy of the SOFTWARE identified in the multi-pack on the
number of computers associated with the multi-pack (e.g. a three user multi-pack
allows you to use the SOFTWARE on up to three computers concurrently or by three
different developers, the ten user multi-pack on up to ten computers
concurrently or by ten different developers). The SOFTWARE is in "use" on
a computer when it is loaded into temporary memory (i.e. RAM) or installed into
permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that
computer. However, installation on a network server for the sole purpose
of internal distribution to one or more other computer(s) shall not constitute
"use" for which a separate license is required, provided you have a separate
license for each computer to which the SOFTWARE is distributed.
B. Solely with respect
to electronic documents included with the SOFTWARE, you may make a copy (either
in hardcopy or electronic form) for each developer for which the Software has
been licensed as described in Section II.A, above; provided, that such copies
shall be used only by such developer for internal purposes and are not to be
republished or distributed to any other third party or developer.
C. You may use the trial
versions of the SOFTWARE only for the limited purposes of demonstrations, trials
and design time evaluations and running a product tour.
You may not, without the prior
written permission of File Innovations:
decompile or "unlock", decode or otherwise reverse translate or engineer, or
attempt in any manner to reconstruct or discover any source code or underlying
algorithms of SOFTWARE provided in object code form only.
B. Use, copy, modify, or
merge copies of the SOFTWARE and any accompanying documents except as permitted
in this LICENSE.
C. Transfer, rent,
lease, or sublicense the SOFTWARE.
D. Separate the software
programs comprising the SOFTWARE for use by more than one user at a time.
A. You may distribute
your application that contains File Innovations components royalty free, but you
may not distribute components you have created that contain File Innovations
B. In addition to the
license and rights granted in Sections I and II, File Innovations grants you a
nonexclusive, royalty-free right to reproduce and distribute the object code
version of those portions of the SOFTWARE designated in the SOFTWARE as (i) those portions of the SOFTWARE which are identified
in the documentation as the VBX ("VBX") and/or OCX ("OCX") Controls and/or DLL
Controls and/or class files and/or jar files; (ii) those portions of the
SOFTWARE which are identified in the documentation as REDISTRIBUTABLE DLLs
("DLLs") (collectively the “REDISTRIBUTABLES”); provided:
you distribute the REDISTRIBUTABLES in object code form only in
conjunction with and as part of your software application product which adds
significant and primary functionality;
• you do not use File
Innovations’ name, logo or trademarks to market your software application
• you include a valid
copyright notice on your SOFTWARE; and
C. In addition to the
other requirements set forth in this Section V, you hereby agree to indemnify,
hold harmless, and defend File Innovations from and against any and all
liabilities, damages, losses, costs and expenses (including reasonable
attorneys' fees) arising from or related to any claim, action, proceeding or
allegation that arises or results, either directly or indirectly, from the use
and distribution of any of your software application product(s) or components.
All title and copyrights in
and to the SOFTWARE (including but not limited to any images, photographs,
animation, video, audio, music, text and "applets" incorporated into the
SOFTWARE) and the accompanying printed materials are owned by File Innovations
or its suppliers. The SOFTWARE is protected by
copyright laws and international treaty provisions. All rights are reserved
worldwide. You must treat the SOFTWARE like any other copyrighted
material, except that you may, in addition to the copies permitted in this
LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes.
No part of the accompanying printed materials may be reproduced, transmitted,
transcribed, stored in any retrieval system, or translated into any language by
any means without the express prior written permission of File Innovations.
This LICENSE and your right to
use the SOFTWARE will terminate immediately without notice from File Innovations
if you fail to comply with the terms and conditions of this LICENSE. Upon
termination, you agree to destroy the SOFTWARE, including all accompanying
documents and copies. This is in addition to and not in lieu of any
criminal, civil or other remedies available to File Innovations.
You acknowledge that the
SOFTWARE and any source code provided to you pursuant to this LICENSE, as well
as any modification, enhancement, derivative work and/or extension thereto
includes valuable trade secrets of File Innovations. You agree to assume
full responsibility for such employees’ or contractors’ use, or misuse, of such
disclosed source code as if it was your use. These obligations shall not
apply to any information generally available to the public, independently
developed or obtained without reliance on File Innovation's information, or
approved in writing for release by File Innovations without restriction.
GOVERNMENT RESTRICTED RIGHTS.
Any SOFTWARE and documentation
which is provided to the
United States of America
, its agencies and/or the U.S. Government ("the
Government") is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in 48
C.F.R. 2.101 (October 1995), consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation" as such terms are used in 48 C.F.R.
12.212 (September 1995) and in FAR Sections 52-227-14 and 52-227-19 or DFARS
Section 52.227-7013 (C)(1)(ii), or their successors, as applicable.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4
(June 1995), or any successor regulations, this Software is provided to
Government users pursuant to the terms and conditions herein. Manufacturer is
File Innovations, LLC..
A. ALL SOFTWARE provided
to you is
provided "AS IS," without warranty of any kind. File Innovations does not
warrant that the SOFTWARE will be error-free. SOURCE CODE IS LICENSED “AS IS”.
File Innovations DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
B. File Innovations’ and
its suppliers’ entire liability, in contract, tort or otherwise, and your
exclusive remedy under the performance warranty set forth in Section IX.A, shall
be, at File Innovations’ option, either (a) return of the purchase price paid,
or (b) repair or replacement of the defective SOFTWARE. (c)
take no action. SOFTWARE purchased other than
directly from File Innovations shall be returned to the place it was purchased.
This limited warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication.
C. EXCEPT AS EXPRESSLY SET
FORTH IN THIS SECTION IX, File Innovations AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
X. LIMITATION OF
File Innovation's liability,
whether in contract, tort, or otherwise, arising out of Licensee's use of, or in
connection with, the SOFTWARE, or otherwise under this Agreement, shall not
exceed the amount of the license fee paid by you to File Innovations.
IN NO EVENT SHALL File Innovations OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF File Innovations HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states and jurisdictions
do not allow the exclusion or limitation of liability for consequential or
incidental damages, or the exclusion of implied warranties or limitations on how
long a warranty may last, so the limitations in Sections IX and X may not apply
In the event of invalidity of
any provision of this LICENSE, the parties agree that such invalidity shall not
affect the validity of the remaining portions. You agree that you will not
export or re-export the Software without the appropriate
or foreign government licenses.
This LICENSE is governed by
the laws of the State of Minnesota
as applied to agreements entered into and to be performed entirely within
Minnesota. This agreement shall be deemed to
have been made in the State of Minnesota, U.S.A. and shall be interpreted, and
the rights and liabilities of the parties hereto determined in accordance with
the law of the State of Minnesota, U.S.A., without regard to conflicts of law
principles. The parties consent to the exclusive jurisdiction of the state and
federal courts for the County of Kanabec, Minnesota, U.S.A. for the
determination of any claim or controversy between the parties and arising out of
or relating to this Agreement. Both parties hereby consent to the jurisdiction
of the Minnesota courts and waive any objections as to personal jurisdiction or
as to the laying of venue in such courts due to inconvenient forum or any other
This is the entire
agreement between you and File Innovations which supersedes any prior agreement,
whether written or oral, relating to this subject matter.