UNPKG

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. * */