web-cardscan
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This library provides payment card scanning and verification functionality for your web app.
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/*!
* Bouncer Technologies, Inc.
* No-Cost Software License Agreement
*
* IMPORTANT - READ CAREFULLY. THIS BOUNCER TECHNOLOGIES, INC. NO-COST SOFTWARE LICENSE AGREEMENT
* (“AGREEMENT”) SETS FORTH THE LEGAL TERMS AND CONDITIONS WHICH GOVERN RELATIONSHIP BETWEEN BOUNCER
* TECHNOLOGIES, INC. (THE “COMPANY”) AND THE OTHER PERSON OR ENTITY AGREEING TO THIS AGREEMENT (“YOU”)
* WITH RESPECT TO ANY COMPANY SOFTWARE OR SAAS PRODUCT (“SOFTWARE”) YOU DOWNLOAD OR ACCESS. IF YOU
* EXERCISE ANY OF THE LICENSED RIGHTS IN THIS AGREEMENT, THEN (1) YOU ARE DEEMED TO HAVE ACCEPTED AND
* AGREED TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (2) YOU REPRESENT THAT YOU ARE
* AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU INTEND TO ENTER
* INTO AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
* THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHTS IN THE SOFTWARE AND YOU MAY NOT
* USE THE SOFTWARE IN ANY WAY.
*
* 1. Grant of Rights; Restrictions.
* ---------------------------------
* a. Grant of Rights. Subject to the terms and conditions of this Agreement, and solely during the
* License Term (as defined in this paragraph), the Company hereby grants to You a limited, personal,
* non-exclusive, non-transferable, non-assignable and non-sublicensable license to: (i) install on a
* server and internally run and use the Software; and (ii) use the documentation, training materials
* or other materials supplied by the Company to enable such internal use, in each case subject to the
* restrictions set forth in this Agreement. For purposes of this Agreement, “License Term” means
* (i) 90 calendar days from the date you first downloaded or accessed the Software or any part of it
* in the case of any commercial or production use of the Software, and (ii) perpetual (subject to
* continued compliance with this Agreement) in the case of solely non-commercial, non-production use
* of the Software.
*
* b. Documentation. You will have access to Software documentation as determined solely by the
* Company. All of the documentation provided to You pursuant to this Agreement is copyright Bouncer
* Technologies, Inc., and is licensed to You solely for Your use during the term of this Agreement.
* You do not have the right to copy or redistribute the documentation. The Company retains all rights
* in the documentation not expressly granted to You.
*
* c. Restrictions. You shall not: (i) permit direct or indirect access to, or use of, the Software in
* a way that circumvents a contractual usage limit or restricts or disables any functionality of the
* Software; (ii) copy the Software or any part, feature, function or user interface thereof (except as
* expressly otherwise permitted under this Agreement; (iii) access or use any Software in order to
* build a competitive product or service; (iv) remove, alter or obscure any of the Company’s (or its
* licensors’) copyright notices, proprietary legends, trademark or service mark attributions, patent
* markings or other indicia of the Company’s (or its licensors’) ownership or contribution from the
* Software or (v) if at any time you use the Software in any commercial or production environment, use
* the Software or any part of it for more than 90 days from the date you first downloaded or accessed
* the Software or any part of it.
*
* 2. Feedback; Contributions
* --------------------------
* You are encouraged, though not required, to contribute proposed code, suggestions or other
* submissions or feedback to the Company related to the Software. In addition, You agree to use
* reasonable efforts to report to the Company any “bugs” or reproducible errors in the Software as
* they are encountered. Any information or feedback You may provide to Company related to the Software
* or this Agreement is non-confidential and You grant to the Company a non-exclusive, worldwide, fully
* paid up, perpetual and irrevocable license to use this information/feedback in Company’s business
* activities without restriction and without payment or accounting to You or any third party. Any
* submissions of code You may provide must be done via the Company’s website and will be subject to
* the Company’s then-current form of Contributor License Agreement.
*
* 3. Intellectual Property Ownership.
* -----------------------------------
* a. Ownership of Intellectual Property. The Software contains proprietary and confidential
* information of the Company and its licensors. Except to the extent licenses are expressly granted
* hereunder, each party and each party’s licensors, respectively, retains all right, title and
* interest in and to all patent, trademark, trade secret rights, inventions, copyrights, know-how and
* trade secrets in and to that party’s respective products and services. The Company retains all
* right, title and interest in and to any work product created by the Company in the course of
* providing the Software and any service or support under this Agreement. In addition, any additional
* system software, and the content, organization, graphics, design, compilation, know-how, concepts,
* methodologies, procedures, and other matters related to the Company’s website are protected under
* applicable copyrights, trademarks and other proprietary rights. The use, copying, redistribution,
* use or publication by You of any such parts of the website is prohibited.
*
* 4. Your Data.
* -------------
* “Your Data” means information, content and data provided by You or on Your behalf and made available
* or otherwise distributed through use of the Software. You own Your Data. The Company shall have the
* right to collect and analyze Your Data and other information relating to the provision, use and
* performance of various aspects of the Software and related systems and technologies (including,
* without limitation, information concerning Your use of the Software and data derived therefrom), and
* the Company will be free (during and after the term hereof) to (i) use such information and data for
* the purpose of analytics and to improve and enhance the Software and for other development,
* diagnostic and corrective purposes in connection with the Software and other Company offerings, and
* (ii) disclose such data solely in aggregate or other de-identified form in connection with its
* business. Despite the foregoing, You agree that You will not provide to the Company any Personal
* Information. “Personal Information” means information, content and data which can be used to
* identify any individual.
*
* 5. No Indemnities; No Warranties; No Support.
* ---------------------------------------------
* THIS AGREEMENT DOES NOT ENTITLE YOU TO ANY INDEMNIFICATION OF ANY KIND. THE SOFTWARE AND
* DOCUMENTATION ARE LICENSED "AS IS." THE COMPANY MAKES NO WARRANTIES – EXPRESS, IMPLIED, STATUTORY OR
* OTHERWISE – WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND EXPRESSLY DISCLAIMS ALL IMPLIED
* WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
* FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR
* ERROR-FREE, OR SUCCEED IN RESOLVING ANY PROBLEM. YOU AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN
* RISK. NEITHER THIS AGREEMENT NOR YOUR ACCESS TO THE SOFTWARE ENTITLE YOU TO RECEIVE SUPPORT SERVICES
* FROM THE COMPANY FOR THE SOFTWARE.
*
* 6. Limitation of Liability.
* ---------------------------
* TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT OR
* INDIRECT DAMAGES, INCLUDING INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, LOST REVENUE OR
* PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE
* DAMAGES ARISING FROM THE USE OF THE SOFTWARE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
* LIABILITY. IN NO EVENT SHALL THE COMPANY’S LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING
* NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SOFTWARE UNDER THIS
* AGREEMENT OR FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOU HAVE BEEN
* ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE
* ALLOCATION OF RISK.
*
* 7. Termination.
* ---------------
* a. Termination. This Agreement will terminate automatically at the end of the License Term. In
* addition, either party may terminate the Agreement at any time by giving the other party written
* notice of termination.
*
* b. Effect of Termination. Upon termination or expiration of this Agreement, all licensed granted
* hereunder shall cease. Substantially concurrent with the end of the License Term or any earlier
* termination of this Agreement, You shall remove the Software (by deleting the Software and all
* copies thereof) from Your premises, and any copies of it made by You, unless the Company gives You
* written authorization before close of the License Term or any earlier termination to retain
* possession of the Software and copies for a longer time period.
*
* c. Survival. The following sections shall survive any termination of this Agreement:
* 1(b), 1(c), 2-6, 7(b), 7(c) and 8-11 and all associated definitions.
*
* 8. Relationship of the Parties.
* -------------------------------
* Nothing in this Agreement will be construed to create a partnership, joint venture or agency
* relationship between the parties. The parties agree that each is an independent contractor and
* neither party will have the power to bind the other or to incur obligations on the other’s behalf
* without such other party’s prior written consent.
*
* 9. Export Regulations.
* ----------------------
* The Software is subject to U.S. export controls, specifically the Export Administration Regulations.
* Both parties shall comply with all relevant import and export regulations, including those adopted
* by the Bureau of Industry and Security of the U.S. Department of Commerce. You shall not transfer,
* export or re-export, directly or indirectly, the Software to any Prohibited Entity, and You affirms
* that You are not a Prohibited Entity or acting on behalf of any Prohibited Entity (as defined under
* U.S. laws and regulations).
*
* 10. No License to Government Entities.
* --------------------------------------
* This Agreement is not intended to grant any license to any government entity. If You represent any
* entity associated with any national, state or local government, please contact the Company to
* discuss license terms for the Software.
*
* 11. Miscellaneous.
* ------------------
* Neither party hereto shall be liable for any breach of its obligations hereunder resulting from
* causes beyond its reasonable control including but not limited to fires, floods, earthquakes,
* pandemic or epidemic illness, strikes (of its own or other employees), insurrection or riots,
* embargoes, requirements or regulations of any civil or military authority. All notices required or
* permitted under this Agreement will be in writing, will reference this Agreement, and will be deemed
* given: (i) when delivered personally; (ii) one business day after deposit with a
* nationally-recognized express courier, with written confirmation of receipt; or (iii) three business
* days after having been sent by registered or certified mail, return receipt requested, postage
* prepaid; or (iv) on the date of receipt, when delivered by email. This Agreement is not assignable
* or transferable by You without the Company’s prior written consent. No failure or delay in
* exercising any right hereunder will operate as a waiver, thereof, nor will any partial exercise of
* any right or power hereunder preclude further exercise. If any provision of this Agreement is held
* to be unenforceable, this Agreement will remain in effect with the provision omitted, unless
* omission would frustrate the intent of the parties, in which case this Agreement will immediately
* terminate. This Agreement may be modified, replaced or rescinded only in writing and signed by a
* duly authorized representative of each party. This Agreement shall be construed under and governed
* by the laws of the State of California, without regard to conflict of law provisions. The sole venue
* for any dispute, claim or controversy arising out of or relating to this Agreement shall be in the
* courts of Alameda County, California. If any legal action or other proceeding is brought to enforce
* the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
* attorney fees and other costs incurred in the action or proceeding, in addition to any other relief
* to which the prevailing party may be entitled.
*
* THIS AGREEMENT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN COMMUNICATIONS, PROPOSALS,
* REPRESENTATIONS AND WARRANTIES AND PREVAILS OVER ANY CONFLICTING OR ADDITIONAL TERMS OF ANY QUOTE,
* PURCHASE ORDER, ACKNOWLEDGMENT, OR OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO ITS SUBJECT
* MATTER DURING THE TERM OF THIS AGREEMENT.
*
*/