EZTwain Pro(tm) License Agreement (rev g 2010.09.22)

A copy of this license is available on the web at: www.dosadi.com/EZT3_License.pdf

Terms

The “Software” means the collection of inter-related files called EZTwain Pro, versions 2.95 through 3.99.  "You" means the person or company who is being licensed to use the Software. "We," "us" and "our" means Dosadi(tm).  “Redistributable Files” means exactly those files in the Software, beginning with the letters ‘EZ’ and having the extension ‘.DLL’.

License Grant

We hereby grant you a nonexclusive license in the Software, under any and all of the following clauses that apply to you:

Trial: After obtaining the installable Software from us or our authorized distributors, in electronic form or on CD-ROM, you may install the Software on any number of computers and use the Software on each computer until the Trial Period expires (as determined by the Software itself.)

Single-Machine: You may purchase a numeric Single-Machine Unlock Key from us or our authorized agents, and enter that Key into the Licensing Wizard (a component of the Software.)  Upon entering such a legally obtained valid Key, you may use the Software indefinitely on that computer.  You may re-install the Software as needed on that computer, using the same Key.

In-House Application: You may purchase a numeric In-House Application Unlock Key from us or our authorized agents, in the name of, and on behalf of, a specific company (the “Organization”).  You may deploy the Redistributable Files on any number of computers which are owned or operated by that Organization, or are being used by a 3rd party to provide valuable services to the Organization as part of a formal business relationship. You may invoke the services of the Software from any number of applications running on said computers, provided that said applications deliver to the Software at run-time the Organization name and corresponding In-House Application Unlock Key mentioned above, in accordance with the technical documentation that accompanies the Software. 

Application Redistribution: You may purchase a numeric Application Redistribution Unlock Key from us or our authorized agents, in the name of a specific software application (the “Application”.)  Using such a legally obtained valid Application Redistribution Key, you may distribute the Redistributable Files as part of or in conjunction with the Application, and invoke the services of the Software from the Application, provided that the Application delivers to the Software at run-time the Application name and Key mentioned above, in accordance with the technical documentation which accompanies the Software.

Universal Redistribution: You may purchase a numeric Universal Redistribution Unlock Key from us or our authorized agents, in the name of, and on behalf of, a specific company (the “Vendor”).  Using such a legally obtained valid Universal Redistribution Key, you may distribute the Redistributable Files as part of or in conjunction with any number of software products (“your Products”) owned by or sold under the name of the Vendor.  You may invoke the services of the Software from your Products, provided that your Products deliver to the Software at run-time the Vendor name and Key mentioned above, in accordance with the technical documentation that accompanies the Software.  If your products produce or generate executable programs, those generated programs are also considered your Products for the purposes of this License, and may contain and use the Vendor name and Key mentioned above.

Plus Source:  You may purchase a license from us “Plus Source”. Upon receipt of a legally obtained valid License Key for such a license you may request from us and we will deliver, without undue delay and by means convenient to us, a collection of files ('Source Files') sufficient to recreate the Redistributable Files using readily available development tools.   You may keep, examine, modify, recompile and otherwise make reasonable use of the Source Files. You may not, however, use the Source Files to create a scanning or imaging toolkit or component which substantially competes with the products offered by us at the time of your license purchase. You must secure the Source Files with the same diligence you would apply to other files you consider confidential.

Organization: We no longer offer this license, but if you have a legally obtained valid Organization Unlock Key, you may install and use the Software on any number of computers owned or operated by the licensed Organization, by entering the Organization Name and corresponding Key into the Software in the ways provided by the Software.

Note: We reserve the right to grant to you a Key of any kind described in this section, and such a Key shall be considered “purchased” for the purposes of this agreement.

Title

We remain the owner of all right, title and interest in the Software.

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept either (a) in your possession or (b) under your control and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software is protected by United States copyright laws and international treaties. You must treat the Software like any other copyrighted material—for example, a book. You may not:
copy the Software except to make archival or backup copies as provided above, or in ways explicitly enumerated in the “License Grant” section above,
in your own installer, overwrite a higher-versioned copy of one of the Redistributable Files with a lower-versioned copy without warning the user and obtaining confirmation,
reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, or
“crack” or otherwise attempt to circumvent or defeat the encryption and other measures embedded in the Software to protect our rights.
publish the Software in a library or toolkit, or otherwise offer it to other developers in a form that substantially duplicates the features and benefits of the Software as offered by us.

Transfers

You may transfer all your rights to use the Software to another person or legal entity provided you transfer this Agreement, any numeric Keys, the Software, including all copies, updates and prior versions to such person or entity, that you notify us of the date of effective transfer and the recipient, and that you retain no copies, including copies stored on computer.

Limited Warranty

We warrant that for a period of 90 days after delivery of a copy of the Software to you:
the media (if any) on which the copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and
the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
return the price you paid, or
repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon the earliest of your first installation or first use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software in your possession.

Privacy, Security and Viruses

The Software is developed, tested, prepared for distribution and uploaded for distribution from computers which have commercial anti-virus and anti-spyware products installed and running at all times.  We will exercise due diligence to avoid delivering software contaminated with any form of virus, spyware or other 'malware'.

The Software will not transmit any information outside the host computer unless a function of the Software is invoked which clearly, by labeling or documentation, constitutes a request to the software to so transmit such information.  The Software does not create any hidden processes or tasks on any computer at any time. During operation, the Software does not modify any system files except to write to the Registry according to generally accepted practices.  The Software writes to the computer's file system in only four cases:

1.For diagnostic logging.  The generated log files may contain sensitive information about the host computer such as the computer name, owner's name, and OS version and configuration, as well as text being read, written, encoded or decoded by the software.  It is licensee's responsibility to redact any such log file to meet licensee's security goals.
2.During install or uninstall of the Software, the Registry may be modified and local files that are part of the Software may be created or deleted or their timestamps modified. The install and uninstall follow applicable recommended practices.
3.During execution of certain operations, the Software may created temporary files in the folder designated for that purpose by the operating system.  The Software attempts to promptly delete any such files as soon as they are no longer needed.
4.When certain functions or commands of the Software are invoked that are clearly labeled or documented as saving or writing information to a file, or modifying the persistent state of the operating system.
Licensee agrees that Dosadi may, with consent of and in cooperation with Licensee, collect and use technical information related to the use of the Software by Licensee, solely for the purpose of providing support services to Licensee, or for the improvement of Dosadi products.

General Provisions

1.	This written license agreement is the exclusive agreement between you and us concerning the Software and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

2.	This license agreement may be modified only by a writing signed by you and us.

3.	In the event of litigation between you and us concerning the Software, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4.	This license agreement is governed by the laws of the State of Washington.

5.	You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.