LuraTech Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. THE "LURATECH SOFTWARE PRODUCT" INCLUDES COMPUTER SOFTWARE AS WELL AS ACCOMPANYING PRINTED MATERIAL AND "ONLINE" OR ELECTRONIC DOCUMENTATION. BY INSTALLING, COPYING OR USING THE LURATECH SOFTWARE PRODUCT IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE FOLLOWING LICENSE. YOU NEED NOT NOTIFY LURATECH OR YOUR DEALER IF YOU AGREE TO THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DESTROY THE SOFTWARE OR RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT.

1. Copyright

The license issuer is LuraTech Imaging GmbH, or its local subsidiary. The LuraTech Software Product is protected by national and international copyright law. You are obliged to treat the LuraWave / LuraDocument Software Product in the same way as any other material protected by copyright law.

2. License

The LuraTech Software Products are licensed to users, not sold. The license issuer retains the right of use of the enclosed software and any accompanying fonts (collectively referred to as LuraTech Software Product) whether on disk, in read only memory, or on any other media. You own the media on which the LuraTech Software Product is recorded but LuraTech and/or LuraTechs licensor(s) retain title to the LuraTech Software Product. The LuraTech Software Product in this package and any copies which this license authorises you to make are subject to this license. Using the LuraTech Software Product for creating a commercial or non commercial software solution that enables either the creation or display files in the LuraWave or LuraDocument File Formats requires that a Runtime-License-Contract has be concluded. This applies among other, but not limited to, the integration into other software application or to the distribution of images or documents on electronical data carrier devices (e.g. CD) or in the internet. To receive an offer or to enter into a run-time licence agreement please contact the headoffice:

LuraTech Imaging GmbH
Ulmenstr. 22
42855 Remscheid, Germany
Tel.: +49 (0) 21 91 / 59 22 440
e-mail: info@luratech.com

or one of its local subsidiaries.

3. Usage

This license allows you to install and use the LuraTech Software Product on a single computer. This license does not allow the LuraTech software to exist on more than one computer at a time. You may make one copy of the LuraTech Software Product in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. All other rights and title to the LuraTech Software Product are reserved.

4. Transfer of Rights

You may only transfer your rights under this license with written consent from LuraTech and only to a party who agrees to accept the terms of this license. After transferring your rights you must destroy any other copies of the LuraTech-Software-Product you have in your possession. You may not rent, lease, loan or distribute the LuraTech Software Product.

5. Restrictions

You may not

  1. decompile, reverse engineer or disassemble the LuraTech Software Product in any way,
  2. modify, adapt or create derivatives from the LuraTech Software, or
  3. sell, rent, lease, loan or distribute the LuraTech Software Product. Your rights under this license, and your rights to use the LuraTech Software Product, will terminate automatically, without notice from LuraTech, if you fail to comply with any of term(s) of this license.

6. Updates

If this LuraTech Software Product is marked as an update then you must have a licensed version of the appropriate full software product. The LuraTech Software Product supplements the licensed version of the full product. All updates are liable for cost.

7. Demo Version

LuraTech demo software and the associated documentation are copyright protected. LuraTech allows the license holder of the demo software version to make as many copies of the software as required. The license holder is forbidden from using the demo software for commercial purposes or to distribute for a fee.

8. Student Version

If this LuraTech Software Product is marked as a student version then the license holder must have the status of a registered student to have the right to use the product.

9. Special Conditions

  • The product "LuraWave OCX-SDK" contains a license file "lurawave.lic". This file must be kept secure and not be accessible or given out to third parties.
  • The license holders access codes must be kept secure and not be accessible or given out to third parties.
  • LuraTech Software Products may include the TIFF-library. Copyright reference for the TIFF-library:
    Copyright © 1988 - 1996 Sam Leffler
    Copyright © 1991 - 1996 Silicon Graphics, Inc.
  • LuraTech Software Products may include the JPEG library of the Independent JPEG group. Copyright reference for the JPEG-library (libJPEG 6b, 27-Mar-1998):
    Copyright (c) 1998 - Thomas G. Lane
    Permission to use, copy, modify, distribute, and sell this software and is documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
  • LuraTech Software Products may include Ghostscript. Copyright reference for Ghostscript:
    Portions Copyright © 2001 artofcode LLC.
    This software is based in part on the work of the Independent JPEG Group.
    This software is based in part on the work of the Freetype Team.
    Portions Copyright © 2001 URW++.
    All Rights Reserved.
  • LuraTech Software Products may include ABBYY FineReader 8.0.
    Copyright reference for ABBYY:
    ABBYY® FineReader® Engine 8.0 © ABBYY Software Ltd. 2004. ABBYY FineReader - the keenest eye in OCR.
    The End User is granted a Runtime License for the ABBYY FineReader Engine 8.0 SDK contained in the Application on condition that the End User complies with the terms and conditions of the EULA which apply to the ABBYY FineReader Engine 8.0 SDK or to the Application as a whole. The Runtime License may be time- or function-limited and protected from unauthorized copying by means of a hardware or software protection key which is an integral part of the ABBYY FineReader Engine 8.0 SDK.
    The End User may not perform or make it possible for other persons to perform any activities included in the list below:
    Disassemble or decompile (i.e. extract the source code from the object code) ABBYY FineReader Engine 8.0 SDK (Application, databases, and other ABBYY FineReader Engine 8.0 SDK components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
    Modify ABBYY FineReader Engine 8.0 SDK, including making changes to the object code of the Application and databases contained in the ABBYY FineReader Engine 8.0 SDK other than those provided for by the ABBYY FineReader Engine 8.0 SDK and described in the documentation.
    Transfer any rights granted to you hereby and other rights related to ABBYY FineReader Engine 8.0 SDK to any other person, not authorized to use ABBYY FineReader Engine 8.0 SDK.
    Make it possible for any person not entitled to use ABBYY FineReader Engine 8.0 SDK and working in the same multi-user system as you to use ABBYY FineReader Engine 8.0 SDK.
    ABBYY SDK is supplied "as is." ABBYY does not guarantee that ABBYY FineReader Engine 8.0 SDK will carry no errors, nor will it be liable for any damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of ABBYY FineReader Engine 8.0 SDK, or damages caused by possible errors or misprints in ABBYY FineReader Engine 8.0 SDK.
    Export Rules. If purchased in the United States, ABBYY FineReader Engine 8.0 SDK shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable legislation.
    If any part of the EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. The EULA shall not prejudice the statutory rights of any party dealing as a consumer.
  • LuraTech Software Products may include Abobe "PDF Open".
    Copyright reference for Adobe:
    © 1987-2003 Adobe Systems Incorporated. Adobe® PDF Library licensed from Adobe Systems Incorporated.
    Adobe PDF Library®. "Adobe Software" means Adobe PDF Library® for Windows NT, 2000, XP, 98, Me and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. ABBYY FineReader 8.0 uses the Adobe Software for converting PDF files into image files.
    License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the Adobe Software incorporated into ABBYY FineReader 8.0 SDK under the terms of this EULA. You may make one backup copy of the Adobe Software incorporated into the SOFTWARE, provided the backup copy is not installed or used on any computer.
    Intellectual Property Rights. The Adobe Software incorporated into the SOFTWARE is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and it suppliers. The Adobe Software is also protected by United States Copyright Law and International Treaty provisions. You may not copy the Adobe Software incorporated into the SOFTWARE, except as provided in this EULA. Any copies that you are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software incorporated into the SOFTWARE. Except as stated above, this EULA does not grant you any intellectual property rights in the Adobe Software.
    Font License. If the SOFTWARE or Adobe Software incorporated into the SOFTWARE includes font software, you may embed the font software, or outlines of the font software, into your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
    Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE ADOBE SOFTWARE INCORPORATED INTO THE SOFTWARE.
    THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ABBYY'S BREACH OF WARRANTY. EXCEPT FOR THE LIMITED WARRANTY INDICATED IN SECTION 3.1.5. OF THIS EULA, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
    Some countries, states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state or jurisdiction to jurisdiction.
    Export Rules. You agree that the Adobe Software incorporated into 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 (collectively the "Export Laws"). In addition, if the Adobe Software incorporated into the SOFTWARE is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Adobe Software incorporated into the SOFTWARE. All rights to use the Adobe Software incorporated into the SOFTWARE are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
    Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

10. Duration

The agreement runs for an indefinite time. The right of the license holder to use the LuraTech Software Products are terminated automatically, without notice from LuraTech, if the licensee fails to comply with any term(s) of this license. On termination of the license the license holder is obliged destroy the original version of the product, together with any copies and documentation.

11. Warranty

The license issuer gives a warranty only in within the scope of the law. The LuraTech Software Products are under warranty for twelve months from the date of delivery. The warranty covers only product redelivery or product improvement. If these remedies are unsuccessful then the license fee may be reduced or the contract cancelled. Altered, modified, changed or extended LuraTech Software Products are not covered by the warranty.

12. Disclaimer of Warranty

LuraTech calls your attention to the fact that you are liable for all damage to LuraTech arising from copyright violation. LuraTech shall not be liable for any damage incurred by the use of LuraTech Software Products including loss of profit, loss of information, loss of data or any financial loss. No damages shall be paid by LuraTech unless instructed to by law.

13. Export

If you wish to export the LuraTech Software Product then you are responsible for obeying all export regulations for the country of purchase.

14. Controlling Law and Severability.

If there is a local subsidiary of LuraTech in the country in which the LuraTech Software Product was purchased, then the local law in which the subsidiary sits shall govern this license. Otherwise, the license shall be governed by the German Law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this license shall continue in full force and effect.

15. Complete Agreement

This license constitutes the entire agreement between the parties with respect to the use of the LuraTech Software Product and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by LuraTech.

16. Additional Items

Only the product sold under the name "C-SDK incl. Runtime-License" can be acquired as a flat-rate package. It consists of a LuraWave JP2 C-SDK and a runtime license which is valid no matter how many copies you make of the target product or how long you keep the license. However, the runtime license is limited to the use of just a single target product.
Only for the above-named product no additional runtime licensing agreement is necessary if in your order you indicate a clearly decipherable product name for the target product into which you will integrate the LuraWave JP2 with the C-SDK.

Macintosh and Apple are trademarks of Apple Computer, Inc.
MS Windows is a trademark of Microsoft Corp.
Photoshop is a trademark of Adobe Inc.
Adobe, Adobe Acrobat, the Adobe Logo, the Adobe PDF Logo, the Acrobat Logo and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
Netscape is a trademark of Netscape Communications Corp.
Artifex, the Artifex logo, Ghostscript, and the Ghostscript logo are registered trademarks of Artifex Software, Inc.
ABBYY, FINEREADER and ABBYY FineReader logo are registered trademarks of ABBYY Software Ltd.
PostScript is a trademark of Adobe Systems Incorporated.
KODAK is a trademark of the Eastman Kodak Company
LuraWave is a trademark of LuraTech Imaging GmbH
LuraDocument is a trademark of LuraTech Imaging GmbH

The specifications contained herein are subject to change without notice.

LuraTech shall not be liable for errors contained herein or for incidental or consequential damages (including lost profits) in connection with the furnishing, performance or use of this material whether based on warranty, contract, or other legal theory.


© 2008
LuraTech Imaging GmbH
Ulmenstr. 22
42855 Remscheid
Germany


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