leadtools-common-runtime

Name	leadtools-common-runtime JSON
Version	23.0.0.3 JSON
	download
home_page	None
Summary	This package is not intended for direct use. This package contains runtime data files for use by LEADTOOLS.
upload_time	2024-10-11 20:56:18
maintainer	None
docs_url	None
author	None
requires_python	>=3.7
license	LEADTOOLS Software License Agreement IMPORTANT This LEADTOOLS Software License Agreement ("Agreement") is a legal agreement between LEAD Technologies, Inc. ("LEAD"), a North Carolina corporation having a principal place of business in Charlotte, North Carolina, and the person or entity entering into this Agreement ("You" or "Licensee") and is effective on the earliest of the date Licensee installs any LEAD SDK(s), uses any LEAD SDK(s) or accepts this Agreement. LEAD TECHNOLOGIES, INC. IS WILLING TO LICENSE USE OF THE LEAD SDK(S) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT BELOW, INCLUDING WITHOUT LIMITATION, THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY PROVISIONS. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING THE ACCEPT BUTTON DURING INSTALLATION OR USING THE LEAD SDK(S), AS SUCH CONDUCT INDICATES YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, LEAD TECHNOLOGIES, INC. IS UNWILLING TO LICENSE THE LEAD SDK(S) TO YOU AND YOU ARE NOT PERMITTED TO INSTALL OR USE THE LEAD SDK(S). 1. DEFINITIONS As used herein, the following terms, when capitalized, will have the following meanings: "LEAD SDK" means all material, including Redistributables and Development Resources, comprising any LEADTOOLS(r) developer toolkit products, including: LEADTOOLS Imaging, LEADTOOLS Barcode, LEADTOOLS PDF, LEADTOOLS Document, LEADTOOLS Document Plus, LEADTOOLS Recognition, LEADTOOLS Edit, LEADTOOLS Document Suite, LEADTOOLS Medical, LEADTOOLS Medical Suite, LEADTOOLS Multimedia, LEADTOOLS Multimedia Suite, LEADTOOLS Advanced PDF Module, and LEADTOOLS Streaming Module. LEAD SDK also includes any and all full and partial evaluation or demonstration versions of the LEADTOOLS developer toolkit products, including without limitation, evaluation versions that are available on Nuget.org, GitHub.com, and similar public-facing sites used for distribution of development components. This Agreement also applies to any updates or supplements to the LEAD SDK(s) provided by LEAD, unless LEAD provides new license terms and conditions with the update or supplement. "Licensee" means the person or entity entering into this Agreement with LEAD. Any person who is entering into this Agreement on behalf of an organizational entity represents that he or she has the authority to bind such entity to the terms of this Agreement. "End User Software" means an end user program which Licensee develops using a LEAD SDK and into which one or more of the Redistributables are incorporated, and which contains significant additional functionality over and above the functionality contained in the LEAD SDK. "Redistributables" are those runtime libraries and files intended for duplication and distribution with the End User Software. The Redistributables are identified in the Development Resources under the topic "Files to be Included with Your Application". "Development Resources" means programming and other materials included with the LEAD SDKs such as user manuals, on-line help files, tutorials, videos, sample source code examples, demo programs, and other tools designed to facilitate developing End User Software with a LEAD SDK. "Development License" means the license granted pursuant to section 2 below allowing Licensee to use a LEAD SDK to develop End User Software by integrating the Redistributables into End User Software. "Deployment License" means the license granted pursuant to section 3 below allowing Licensee to copy, deploy, and redistribute one or more Redistributables to end users as part of the End User Software. "Deployment of End User Software" includes any and all copies of End User Software installed, used, distributed, leased, sold, or otherwise disposed of by Licensee and any of its customers, employees, distributors, resellers, affiliates or other channel partners. and includes Internal Deployments, Hosted Service Deployments, Commercial Deployments and Consumption-based Deployments. "Commercial Deployments" are distributions and other dispositions of End User Software by Licensee to third-party end users, either directly or through distribution channels. Examples of Commercial Deployments include (i) Licensee acting as an ISV offering End User Software for sale or subscription to paying customers; (ii) Licensee offering End User Software to its customers, vendors, business partners or the public free of charge; and (iii) any other transaction whereby a third party receives a copy, instance or user account or user privilege for the End User Software. "Internal Deployments" are distributions or other dispositions of the End User Software for use by Licensee's employees and contractors only. Examples of Internal Deployments include (i) installation of the End User Software on hardware devices owned or controlled by Licensee and used by Licensee's employees and contractors and (ii) installation of the End User Software on machines hosted by third-party "cloud" providers or in third party data centers for use by Licensee's employees and contractors. If Licensee is a consultant, systems integrator or similar contracting entity using the LEAD SDK to develop End User Software as a work for hire on behalf of a third-party customer, and the End User Software is for internal use by the third-party customer, this would be an example of an Internal Deployment and would not be considered to be a Commercial Deployment for purposes hereof. 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If Licensee is a consultant, systems integrator or similar contracting entity using the LEAD SDK to develop End User Software as a work for hire on behalf of a third-party customer and the End User Software is to be hosted by the third-party customer for consumption or commercial use by the customer's customers, vendors and/or other third parties, this would be an example of a Hosted Service Deployment and would not be considered to be a Commercial Deployment for purposes hereof. "Single User Deployment" means installation of the End User Software by Licensee and/or its customer on a stand-alone PC, workstation, mobile device, or other hardware for use by a single named user. End User Software that is deployed as Single User is intended for interactive use by the named end user and has a GUI requiring the user to control the application by mouse, keyboard, touch-screen, or similar means. A Single User Deployment is also applicable where End User Software is distributed to client machines through a deployment server or other network device via a CAB file or similar mechanism and installed on the client machine. Single User Deployments are commonly referred to as desktop licenses, client licenses, stand-alone licenses, app licenses and user licenses. "Concurrent Deployment" means Licensee has built a reasonable method of concurrency into the End User Software so that, although installed on multiple PCs for single user usage, only a limited number of users are technically permitted to use the End User Software at the same time. For example, if the End User Software is installed on one hundred (100) PCs, but only ten (10) users may be logged in to use the End User Software at the same time, licensing for ten (10) Concurrent Deployments would be required instead of 100 Single User Deployment licenses. 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Such agreements will contain the pricing, payment terms for Deployment License Fees and other terms and conditions for Commercial Deployment and Hosted Service Deployment of End User Software. Under no circumstances may Licensee make any Commercial Deployment or Hosted Service Deployment until such time as LEAD and Licensee have executed a Commercial Deployment License or Hosted Service Deployment License agreement, as applicable. (d) Deployment Files. License files, developer keys or similar items ("Deployment Files") are required to be included with the End User Software when deployed. Without the appropriate Deployment Files, the Redistributables will not function. For Internal Deployments, LEAD will provide Licensee its Deployment Files when Licensee has completed the Deployment License Application form and purchased its required Deployment License(s). For Commercial Deployments and Hosted Service Deployments, LEAD will provide Licensee its Deployment Files when Licensee has executed the applicable Commercial Deployment License agreement or Hosted Service Deployment agreement. Unique domain-specific Deployment Files will be created and provided to Licensee when Licensee wishes to deploy LEAD's HTML5/JavaScript components with its End User Software. (e) Record Keeping and Reporting. During the term of this Agreement and for at least one (1) year thereafter, Licensee agrees to maintain full, clear and accurate records regarding its use of the LEAD SDK and the Deployment of the End User Software and will promptly respond to inquiries from LEAD's license compliance department, including responding to an annual deployment activity report. Additional reporting requirements for Commercial Deployments are contained in the Commercial Deployment License agreement and for Hosted Deployments are contained in the Hosted Service Deployment License agreement. LEAD shall have the right, no more than once during any calendar year, to have an independent certified public accountant or other disinterested third party inspect the relevant records of Licensee on thirty (30) days' notice and during regular business hours to verify the reports and payments required to be made hereunder. Should an underpayment in excess of five percent (5%) be discovered, Licensee will pay the cost of the audit in addition to paying the deficient fees. (f) Duration of Deployment Licenses. 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If Licensee wishes to use an OEM who will modify the End User Software and copy it, Licensee must first obtain an OEM distribution license from LEAD or must require the OEM to obtain a license from LEAD. Duplication or redistribution of the End User Software, or any portion thereof, by the users of the End User Software, without a separate written redistribution license from LEAD, is prohibited. (i) Activation. No rights to copy, deploy or redistribute the End User Software are granted until such time as Licensee has properly activated the LEAD SDK with LEAD and obtained its Deployment Files. 4. CONFIDENTIALITY; OTHER LICENSE TERMS AND RESTRICTIONS The licenses granted under this Agreement are expressly conditioned upon Licensee's compliance with all the terms and conditions of this Agreement and, if applicable, the applicable Commercial Deployment License agreement and Hosted Service Deployment License agreement. 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EVALUATION VERSION LICENSE If Licensee is using an "evaluation version" of the LEAD SDK, (including full or partial versions of a LEAD SDK available for download on NuGet.org, Github.com or other repository), then the licenses granted hereunder are limited as follows: (a) Licensee is granted a license to use the LEAD SDK for a period not to exceed sixty (60) days (or such other period authorized by LEAD) (the "Evaluation Period") solely for purposes of evaluation and testing the LEAD SDK to determine if Licensee wishes to purchase a license for the release version of the LEAD SDK, (b) any End User Software developed with the evaluation version of the LEAD SDK may not be distributed or deployed other than internally for testing purposes to evaluate the functionality and performance of the LEAD SDK, and (c) upon completion of the Evaluation Period, Licensee shall either (i) delete the LEAD SDK or (ii) obtain a paid Development License and Deployment License of the LEAD SDK from LEAD or an authorized reseller. 6. THIRD PARTY CONSULTANTS AND SYSTEMS INTEGRATORS If Licensee is a consultant, systems integrator or similar contracting entity and is licensing the LEAD SDK to develop End User Software on behalf of a customer as a work for hire, Licensee will enter into a written agreement with its customer with such terms as are necessary to comply with the Deployment License obligations described in Section 3 hereof, and which otherwise protects and preserves LEAD's intellectual property rights in the LEAD SDK and Redistributables. Unless Licensee's customer purchases its own Development License for the LEAD SDK, Licensee will not deliver the End User Software source code or LEAD SDK to its customer or otherwise permit its customer to further develop the End User Software. If Licensee wishes to assign this Agreement and End User Software to the customer upon completion of the development of the End User Software, Licensee and its customer must execute an assignment agreement, in form acceptable to LEAD, whereby Licensee's customer assumes Licensee's obligations under the terms of this Agreement, including without limitation, the obligations for annual Deployment License payments, renewals and deployment reporting. Unless and until this Agreement is properly assigned by Licensee to the customer, Licensee remains responsible for the Deployment of the End User Software by Licensee's customer, including purchasing and renewing Deployment Licenses based on the customer's Deployment of the End User Software. 7. PAYMENT TERMS; PURCHASE ORDERS Licensee will pay all LEAD invoices when due. If Licensee is more than 30 days past due on any invoice, Licensee agrees to pay finance charges equal to one and a half percent (1.5%) per month or at the maximum rate permitted by law, whichever is less, on all overdue and unpaid invoices until paid in full. All license fees and other amounts due to LEAD are denominated and will be paid in United States Dollars and are exclusive of any and all applicable taxes. Licensee is responsible for paying any sales, use, value added, or other taxes and tariffs (other than federal and state taxes levied on LEAD's income) in connection with the licenses granted hereby. LEAD's willingness to grant the licenses contained herein is expressly limited to the terms and conditions herein and LEAD hereby objects to any additional, contrary, or different terms contained in any purchase order, all of which are deemed rejected by LEAD and none of which will modify this Agreement or be binding on the parties unless such terms have been approved in a signed writing by both parties. 8. PROPRIETARY RIGHTS; COPYRIGHT NOTICES Except for the limited license granted herein, LEAD, and its suppliers, retain exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the LEAD SDK. Licensee agrees not to represent that LEAD is affiliated with or approves of Licensee's End User Software in any way. Except as required hereby, Licensee shall not use LEAD's name, trademarks, or any LEAD designation in association with Licensee's End User Software. The End User Software must contain the following copyright and patent notices in its documentation: "Portions of this product were created using LEADTOOLS (c)1991-2024, LEAD Technologies, Inc. and its licensors. ALL RIGHTS RESERVED. Portions of this product are licensed under US patents 9,552,527, 10,318,563, 10,579,653, 11,488,407 and 11,613,114 and foreign counterparts." Additional third-party attribution and license requirements may apply to certain modules or demo programs contained in the LEAD SDK that include open-source libraries. These additional requirements are found in the LEAD SDK documentation under Intellectual Property Notices. 9. EXPORT LAW Licensee acknowledges and agrees that the LEAD SDK and End User Software may be subject to restrictions and controls imposed by the United States Export Administration Act, as amended (the "ACT"), and the regulations thereunder. Licensee agrees and certifies that neither the LEAD SDK nor any direct product thereof (e.g., the End User Software) is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, to any person or into any country prohibited by the ACT and the regulations thereunder or will be used for any purpose prohibited by the same. Licensee bears all responsibility for export law compliance of the End User Software. 10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND The LEAD SDK is a "Commercial Item," as such term is defined by FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and "commercial computer software documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other ends users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. 11. TERM; TERMINATION The Development License granted hereunder is effective until terminated. Deployment Licenses are effective for the period described on the applicable invoice/statement/Commercial Deployment License agreement/Hosted Service Deployment License agreement. A party may terminate this Agreement and the licenses granted hereunder for any material breach of this Agreement or any corresponding Commercial Deployment License agreement or Hosted Service Deployment License agreement by the other party by providing written notice to the other party. In the event Licensee ceases doing business, initiates or becomes the subject of a bankruptcy proceeding, or becomes insolvent, LEAD may, at its sole option, terminate this Agreement by giving ten (10) days written notice. Upon termination, Licensee shall cease using the LEAD SDK and cease using or distributing the End User Software containing the Redistributables and will cause any and all resellers and distributors to cease distributing the End User Software. All restrictions prohibiting Licensee's use of the LEAD SDK and intellectual property provisions relating to LEAD SDK running to the benefit of LEAD will survive termination of the license pursuant hereto. Termination will not affect properly granted end user licenses of the End User Software distributed by Licensee prior to termination, provided all Deployment License Fees have been paid for such end user licenses granted by Licensee. 12. EXCLUSION OF WARRANTIES LICENSEE HAS HAD FULL OPPORTUNITY TO EVALUATE AND TEST THE LEAD SDK TO DETERMINE IF IT MEETS LICENSEE'S REQUIREMENTS. ACCORDINGLY, THE LEAD SDK IS PROVIDED "AS IS" AND LEAD MAKES NO PERFORMANCE WARRANTY OR OTHER WARRANTY OF ANY KIND, WHATSOEVER, AND LICENSEE ACKNOWLEDGES THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE CONCERNING THE LEAD SDK ON WHICH LICENSEE IS RELYING IN ENTERING INTO THIS AGREEMENT AND LICENSING THE LEAD SDK. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THUS THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE. 13. INDEMNIFICATION (a) LEAD Indemnity. LEAD will defend against any third party claim brought against Licensee that the LEAD SDK infringes a third party intellectual property right and LEAD will pay any costs, damages and reasonable legal fees attributable to such claim that are finally awarded against Licensee or paid in settlement thereof. If such claim arises, or if in LEAD's judgment, is likely to arise, LEAD may, at LEAD's sole option and expense (A) procure the right for Licensee to continue using the LEAD SDK, (B) replace or modify the LEAD SDK in a substantially functionally equivalent manner so that it becomes non-infringing, or (C) if neither of the foregoing alternatives can be achieved on terms that are reasonable in LEAD's judgment, then LEAD may require Licensee, upon written request by LEAD, to return the LEAD SDK to LEAD for a refund for that portion of the fees paid by Licensee which is attributable to the remaining portion of the License Term (if any) and concurrent with such payment to Licensee, despite any other provision of this Agreement, this Agreement will be terminated and LEAD will have no further liability to Licensee hereunder. However, LEAD will have no indemnification obligation for any claim based on: (i) use of a prior or altered release of the LEAD SDK if such claim would have been avoided by the use of a current unaltered release of the LEAD SDK; (ii) a version of the LEAD SDK modified by Licensee or to the extent that such claim arises from the LEAD SDK's combination, operation, or use with the End User Software or any other product, data, or apparatus not provided by LEAD; or (iii) any use of the LEAD SDK not in accordance with this Agreement. (b) Licensee Indemnity. Licensee agrees to indemnify and hold LEAD harmless from and against any and all costs, losses, liabilities or expenses (including reasonable legal fees) arising out of third party claims against LEAD: (A) to the extent based on any alleged infringement of intellectual property rights caused by Licensee's bundling of the LEAD SDK with their End User Software; or (B) in connection with any act or omission of Licensee including, without limitation, claims related to Licensee's development, promotion, distribution and/or use of the End User Software (but excluding, for greater certainty, in the case of both subsections (a) and (b) any claims or costs to the extent based upon or relating to (i) matters for which LEAD is obligated hereunder to indemnify Licensee, or (ii) LEAD's wrongful or negligent acts). (c) Indemnification Procedure. The party seeking indemnity under this Agreement (the "Indemnified Party") will (A) promptly give written notice to the other party subject to the indemnity obligations (the "Indemnifying Party") of any claim for which indemnity is sought (provided that failure to promptly give notice will not relieve the Indemnifying Party of its indemnification obligation, except to the extent that the Indemnifying Party can demonstrate that it has been prejudiced as a result of such failure); and (B) allow the Indemnifying Party to control the defense or settlement of the claim, and provide all reasonable assistance in connection therewith, at the Indemnifying Party's request and expense. The Indemnified Party may participate in the defense or settlement of any such claim at its own expense. The Indemnifying Party agrees that it will not settle any claim in a manner which would impose any obligation on the Indemnified Party or restrict the Indemnified Party's right, title or interest, including all intellectual property rights in the Indemnified Party's products or services, without the Indemnified Party's prior written consent, which will not be unreasonably withheld or delayed. 14. LICENSEE'S REMEDIES: LIMITATIONS IN NO EVENT SHALL LEAD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LEAD SDK, REGARDLESS OF WHETHER LEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEAD'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED AMOUNTS PAID TO LEAD BY LICENSEE UNDER THE TERMS OF THIS AGREEMENT OVER THE 12 MONTH PERIOD PRIOR TO THE DATE THE CLAIM ARISES. LICENSEE UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. NOT ALL JURISDICTIONS ALLOW LIMITATIONS OF LIABILITY, AND THUS THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE. 15. STANDARDS LICENSING; RIGHTS OF CONTENT OWNERS Certain technologies such as MPEG 2, MPEG 4, AAC, and H.264 may be subject to third party patents, including patents managed by MPEG LA and Via Licensing, Inc. LEAD has obtained a patent license from MPEG LA and Via Licensing which covers LEAD's distribution of its products. LEAD's license does not extend to Licensee's End User Software. Licensee is responsible for obtaining any and all third-party patent licenses for the deployment and distribution of the End User Software, including any licenses required by MPEG LA or Via Licensing. Additionally, Licensee agrees that it will not use the LEAD SDK or End User Software for any unlawful purpose, including without limitation, for copying, distributing, broadcasting, or publishing the copyrighted works of any third party without a proper content license. 16. TECHNICAL SUPPORT AND MAINTENANCE LEAD's technical support policies and annual maintenance plan benefits are posted on LEAD's website (www.leadtools.com (or such other successor website)) and LEAD reserves the right to amend and modify its technical support policies and annual maintenance plan from time to time, in its sole discretion. Licensee agrees that LEAD may collect and freely use any and all technical information or other submissions regarding the LEAD SDK, including feature requests and product suggestions, provided by Licensee to LEAD. Licensee agrees that LEAD is not responsible for providing technical support to Licensee's customers or other end users of the End User Software. 17. ORDERS THROUGH RESELLERS This Section applies only if Licensee purchases the Software through an authorized partner or reseller of LEAD ("Reseller"). If this section is applicable: (a) Licensee's order details (e.g. number, type and duration of license, etc.) will be as set out in the statement, order form or other such sales document issued by LEAD in connection with the order placed by Reseller on Licensee's behalf (the correctness of any such order details as conveyed to the Licensee are the sole responsibility of the Reseller); (b) in lieu of paying fees to LEAD, Licensee will pay fees to Reseller as agreed between Licensee and the Reseller. If LEAD does not receive such corresponding payment from Reseller, LEAD shall have the right to suspend or terminate Licensee's rights to use the LEAD SDK; (c) for the purposes of determining the liability cap in any limitation of liability based on the amount paid under this Agreement, the amount paid or payable by the Reseller to LEAD for Licensee's use of the applicable Software under this Agreement will be deemed to be the amount actually paid or payable by Licensee to LEAD under this Agreement; and (d) Resellers are not permitted to amend this Agreement or make any assurances or promises on LEAD's behalf, and LEAD is not bound by any obligations to Licensee other than as set forth in this Agreement. 18. GENERAL This Agreement shall be interpreted, construed, and enforced according to the laws of the State of North Carolina, without resort to the choice of law provisions thereof. In the event of any suit arising from or relating to this Agreement, the parties agree that federal and state courts located in Mecklenburg County, North Carolina will have exclusive jurisdiction over such suit and Licensee hereby irrevocably submits itself for the jurisdiction and venue of such state and federal courts for such suits. This Agreement, the invoice/statements issued by LEAD setting forth the number, type and duration of Deployment Licenses granted to Licensee, and the Commercial Deployment License agreement or Hosted Service License Agreement, as applicable, constitutes the entire agreement and understanding of the parties regarding the subject matter therein and may be modified only in writing signed by both parties. No salesman, support agent or other LEAD employee or any LEAD reseller has any authority to obligate LEAD by any terms, stipulations, or conditions not expressed in the Agreement. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid. The provisions in Sections 3(e), 7-10, 12-14, 17-19, and the confidentiality provisions in Section 4 shall survive the termination or expiration of this Agreement. This Agreement, and the rights hereunder, may not be assigned by Licensee, whether by oral or written assignment, sale of assets, merger, consolidation, or otherwise, without the express written consent of LEAD. LEAD may assign this Agreement in its sole discretion. Portions of the LEAD SDK are protected by copyright and other proprietary rights of third-party LEAD SDK vendors, who shall be deemed to be intended third party beneficiaries of this Agreement. Licensee may be held directly responsible by third-party vendors for acts relating to the LEAD SDK which are not authorized by this Agreement. 19. OFFICIAL LANGUAGE OF AGREEMENT The original text of this Agreement, as well as the documents referenced herein, has been written in the English language, and for convenience, may be translated to other native languages (Japanese, for example). The text written in English and the provisions of the English version of this Agreement shall be the official contract between the parties, and in the event of an ambiguity or conflict between the terms of the English version and any translated version, the English version shall be controlling.
keywords	leadtools lead-tools
VCS
bugtrack_url
requirements	No requirements were recorded.
Travis-CI	No Travis.
coveralls test coverage	No coveralls.

            <div align="center">
<img src="https://www.leadtools.com/images/header-nav/leadtools-logo-header.svg" style="width: 55vw;"><br>
</div>

---

This package is not intended for direct use. This package contains runtime data files for use by LEADTOOLS.

This package does not contain full OCR language support. For full OCR language support, contact [support@leadtools.com](mailto:support@leadtools.com)

[live chat](https://www.leadtools.com/support/chat?utm_source=pypi.org&utm_medium=PyPIPackage&utm_campaign=pypi&SrcOrigin=pypi.org)

            

Raw data

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    "name": "leadtools-common-runtime",
    "maintainer": null,
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    "requires_python": ">=3.7",
    "maintainer_email": null,
    "keywords": "leadtools, lead-tools",
    "author": null,
    "author_email": "\"LEAD Technologies, Inc.\" <support@leadtools.com>",
    "download_url": null,
    "platform": null,
    "description": "<div align=\"center\">\r\n<img src=\"https://www.leadtools.com/images/header-nav/leadtools-logo-header.svg\" style=\"width: 55vw;\"><br>\r\n</div>\r\n\r\n---\r\n\r\nThis package is not intended for direct use. This package contains runtime data files for use by LEADTOOLS.\r\n\r\nThis package does not contain full OCR language support. For full OCR language support, contact [support@leadtools.com](mailto:support@leadtools.com)\r\n\r\n[live chat](https://www.leadtools.com/support/chat?utm_source=pypi.org&utm_medium=PyPIPackage&utm_campaign=pypi&SrcOrigin=pypi.org)\r\n",
    "bugtrack_url": null,
    "license": " LEADTOOLS Software License Agreement IMPORTANT  This LEADTOOLS Software License Agreement (\"Agreement\") is a legal agreement between LEAD Technologies, Inc. (\"LEAD\"), a North Carolina corporation having a principal place of business in Charlotte, North Carolina, and the person or entity entering into this Agreement (\"You\" or \"Licensee\") and is effective on the earliest of the date Licensee installs any LEAD SDK(s), uses any LEAD SDK(s) or accepts this Agreement.  LEAD TECHNOLOGIES, INC. IS WILLING TO LICENSE USE OF THE LEAD SDK(S) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT BELOW, INCLUDING WITHOUT LIMITATION, THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY PROVISIONS.  PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING THE ACCEPT BUTTON DURING INSTALLATION OR USING THE LEAD SDK(S), AS SUCH CONDUCT INDICATES YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS, LEAD TECHNOLOGIES, INC. IS UNWILLING TO LICENSE THE LEAD SDK(S) TO YOU AND YOU ARE NOT PERMITTED TO INSTALL OR USE THE LEAD SDK(S).  1. DEFINITIONS  As used herein, the following terms, when capitalized, will have the following meanings:  \"LEAD SDK\" means all material, including Redistributables and Development Resources, comprising any LEADTOOLS(r) developer toolkit products, including:  LEADTOOLS Imaging, LEADTOOLS Barcode, LEADTOOLS PDF, LEADTOOLS Document, LEADTOOLS Document Plus, LEADTOOLS Recognition, LEADTOOLS Edit, LEADTOOLS Document Suite, LEADTOOLS Medical, LEADTOOLS Medical Suite, LEADTOOLS Multimedia, LEADTOOLS Multimedia Suite, LEADTOOLS Advanced PDF Module, and LEADTOOLS Streaming Module. LEAD SDK also includes any and all full and partial evaluation or demonstration versions of the LEADTOOLS developer toolkit products, including without limitation, evaluation versions that are available on Nuget.org, GitHub.com, and similar public-facing sites used for distribution of development components.  This Agreement also applies to any updates or supplements to the LEAD SDK(s) provided by LEAD, unless LEAD provides new license terms and conditions with the update or supplement.  \"Licensee\" means the person or entity entering into this Agreement with LEAD.  Any person who is entering into this Agreement on behalf of an organizational entity represents that he or she has the authority to bind such entity to the terms of this Agreement.  \"End User Software\" means an end user program which Licensee develops using a LEAD SDK and into which one or more of the Redistributables are incorporated, and which contains significant additional functionality over and above the functionality contained in the LEAD SDK.  \"Redistributables\" are those runtime libraries and files intended for duplication and distribution with the End User Software.  The Redistributables are identified in the Development Resources under the topic \"Files to be Included with Your Application\".  \"Development Resources\" means programming and other materials included with the LEAD SDKs such as user manuals, on-line help files, tutorials, videos, sample source code examples, demo programs, and other tools designed to facilitate developing End User Software with a LEAD SDK.  \"Development License\" means the license granted pursuant to section 2 below allowing Licensee to use a LEAD SDK to develop End User Software by integrating the Redistributables into End User Software.  \"Deployment License\" means the license granted pursuant to section 3 below allowing Licensee to copy, deploy, and redistribute one or more Redistributables to end users as part of the End User Software.  \"Deployment of End User Software\" includes any and all copies of End User Software installed, used, distributed, leased, sold, or otherwise disposed of by Licensee and any of its customers, employees, distributors, resellers, affiliates or other channel partners. and includes Internal Deployments, Hosted Service Deployments, Commercial Deployments and Consumption-based Deployments.  \"Commercial Deployments\" are distributions and other dispositions of End User Software by Licensee to third-party end users, either directly or through distribution channels.  Examples of Commercial Deployments include (i) Licensee acting as an ISV offering End User Software for sale or subscription to paying customers; (ii) Licensee offering End User Software to its customers, vendors, business partners or the public free of charge; and (iii) any other transaction whereby a third party receives a copy, instance or user account or user privilege for the End User Software.  \"Internal Deployments\" are distributions or other dispositions of the End User Software for use by Licensee's employees and contractors only.   Examples of Internal Deployments include (i) installation of the End User Software on hardware devices owned or controlled by Licensee and used by Licensee's employees and contractors and (ii) installation of the End User Software on machines hosted by third-party \"cloud\" providers or in third party data centers for use by Licensee's employees and contractors. If Licensee is a consultant, systems integrator or similar contracting entity using the LEAD SDK to develop End User Software as a work for hire on behalf of a third-party customer, and the End User Software is for internal use by the third-party customer, this would be an example of an Internal Deployment and would not be considered to be a Commercial Deployment for purposes hereof.  \"Hosted Service Deployment\" is a type of Deployment where Licensee is hosting End User Software on Licensee's machines (or on third-party \"cloud\" providers' machines) for consumption or commercial use by customers, vendors, and other third parties. Examples of a \"Hosted Service Deployment\" include End User Software operated by a service bureau, application service provider, software as a service (SaaS), outsource facility, and any public-facing End User Software hosted by Licensee (on premises or via a third-party \"cloud provider) accessible by customers and/or third parties via the internet or other network. If Licensee is a consultant, systems integrator or similar contracting entity using the LEAD SDK to develop End User Software as a work for hire on behalf of a third-party customer and the End User Software is to be hosted by the third-party customer for consumption or commercial use by the customer's customers, vendors and/or other third parties, this would be an example of a Hosted Service Deployment and would not be considered to be a Commercial Deployment for purposes hereof.  \"Single User Deployment\" means installation of the End User Software by Licensee and/or its customer on a stand-alone PC, workstation, mobile device, or other hardware for use by a single named user.  End User Software that is deployed as Single User is intended for interactive use by the named end user and has a GUI requiring the user to control the application by mouse, keyboard, touch-screen, or similar means. A Single User Deployment is also applicable where End User Software is distributed to client machines through a deployment server or other network device via a CAB file or similar mechanism and installed on the client machine. Single User Deployments are commonly referred to as desktop licenses, client licenses, stand-alone licenses, app licenses and user licenses.  \"Concurrent Deployment\" means Licensee has built a reasonable method of concurrency into the End User Software so that, although installed on multiple PCs for single user usage, only a limited number of users are technically permitted to use the End User Software at the same time. For example, if the End User Software is installed on one hundred (100) PCs, but only ten (10) users may be logged in to use the End User Software at the same time, licensing for ten (10) Concurrent Deployments would be required instead of 100 Single User Deployment licenses. The fact that a server application is \"queuing\" jobs sent to it, and processing one job at a time, is not considered concurrency for purposes hereof. This type of deployment would be a Server Deployment.  A Concurrent Deployment also occurs if Licensee issues client licenses on a subscription type model and wishes to recapture client licenses that are no longer subscribed and assign such licenses to another user.  Concurrent licenses are also commonly referred to as floating licenses.  \"Server Deployment\" includes the following:  (i) End User Software installed on a networked device accessible by one or more persons who can independently operate the End User Software from another machine, (ii) End User Software installed on a networked device running  as a service that accepts connections from other machines or applications (for example,  a headless process to watch a folder or other data sources for work originating from other machines), and (iii) End User Software deployed to a browser from a webserver, such as an HTML5/ JavaScript based application, where the End User Software is not installed on the client machine but is in use by the client machine when the user is connected to the webserver.  \"Multi-User Deployment\" means a computer installation designed to service the public or multiple un-named users, and not a single named user or set of concurrent named users, such as a kiosk or a scan station.  \"Deployment License Fee\" means the required payment by Licensee to LEAD for each Deployment of End User Software made by Licensee.  \"Consumption-based Deployment\" means, in connection with either an Internal Deployment or a Hosted Service Deployment, a deployment method whereby the Deployment License Fee is based on the number of transactions processed by the End User Software rather than the number of single user PCs or servers on which the End User Software is installed.  2. GRANT OF DEVELOPMENT LICENSE  For each Development License of the LEAD SDK purchased by Licensee, LEAD grants Licensee a non-exclusive, non-transferable, non-sublicensable worldwide license for one (1) named programmer to install the applicable LEAD SDK on a personal computer and use the LEAD SDK, including the Development Resources, for the sole purpose of development of End User Software.  Licensee may install the LEAD SDK on one additional development computer, such as a laptop computer, for use by Licensee's named programmer when such person's primary development computer is not available.  Licensee may also install the LEAD SDK on up to two (2) additional \"build\" machines in use by other developers, provided that the other developers are not programming with the LEAD SDK.  Only one (1) named programmer is permitted to program using the LEAD SDK for each Development License purchased by Licensee.  Additional Development Licenses (including licenses for additional named programmers and/or additional build machines), may be procured at discounted pricing by contacting LEAD's sales department.  The license granted hereunder applies only to the designated version of the accompanying LEAD SDK.  If the LEAD SDK is an upgrade, it, and the product that was upgraded constitutes a single license of the LEAD SDK for purposes hereof, and the new version and product that was upgraded may only be used by the same named programmer.  3. GRANT OF DEPLOYMENT LICENSE  LEAD grants Licensee a non-exclusive, non-transferable, worldwide, license to reproduce (and have reproduced) exact copies of the Redistributables and include such files in the End User Software, and to make Internal Deployments, Hosted Service Deployments, and Commercial Deployments of the End User Software, to end users for their use, without further distribution, subject to the following terms and conditions: (a) Deployment License Application Process.  Licensee will apply for a Deployment License by completing a Deployment License Application form (\"DLA\") which, among other things, will identify whether Licensee's End User Software is for Internal Deployment, Hosted Service Deployment, or Commercial Deployment and the type and manner of deployment (e.g., Single User, Concurrent, Multi-User, Server Consumption-Based Deployment and/or such other deployment method(s) approved by LEAD).  (b) Deployment License Grants for Internal Deployments. For all LEAD SDKs, Licensee must pay a Deployment Licensee Fee for each Internal Deployment made by Licensee, including Single User Deployment, Concurrent Deployment, Server Deployment, Multi-User Deployment, Consumption-based Deployment and/or such other deployment method(s) approved by LEAD.  Based on the information provided in Licensee's DLA, LEAD will provide Licensee a firm Deployment License Fee quotation for the number and type of Deployment Licenses for Internal Deployments being acquired by Licensee. Upon payment of the required Deployment License fees, LEAD will issue Licensee an invoice/statement evidencing the number, type and duration of Deployment Licenses granted to Licensee for Internal Deployment.  No Deployment License is granted until such time as Licensee has purchased the applicable Deployment License.  (c) Deployment License Grants for Commercial Deployments and Hosted Service Deployments.  For all LEAD SDKs, Licensee must execute a Commercial Deployment License agreement or Hosted Service Deployment License agreement, as applicable, prior to making any Commercial Deployment or Hosted Service Deployment.  Such agreements will contain the pricing, payment terms for Deployment License Fees and other terms and conditions for Commercial Deployment and Hosted Service Deployment of End User Software. Under no circumstances may Licensee make any Commercial Deployment or Hosted Service Deployment until such time as LEAD and Licensee have executed a Commercial Deployment License or Hosted Service Deployment License agreement, as applicable.  (d) Deployment Files.  License files, developer keys or similar items (\"Deployment Files\") are required to be included with the End User Software when deployed.  Without the appropriate Deployment Files, the Redistributables will not function.  For Internal Deployments, LEAD will provide Licensee its Deployment Files when Licensee has completed the Deployment License Application form and purchased its required Deployment License(s).  For Commercial Deployments and Hosted Service Deployments, LEAD will provide Licensee its Deployment Files when Licensee has executed the applicable Commercial Deployment License agreement or Hosted Service Deployment agreement.  Unique domain-specific Deployment Files will be created and provided to Licensee when Licensee wishes to deploy LEAD's HTML5/JavaScript components with its End User Software.  (e) Record Keeping and Reporting.  During the term of this Agreement and for at least one (1) year thereafter, Licensee agrees to maintain full, clear and accurate records regarding its use of the LEAD SDK and the Deployment of the End User Software and will promptly respond to inquiries from LEAD's license compliance department, including responding to an annual deployment activity report.  Additional reporting requirements for Commercial Deployments are contained in the Commercial Deployment License agreement and for Hosted Deployments are contained in the Hosted Service Deployment License agreement. LEAD shall have the right, no more than once during any calendar year, to have an independent certified public accountant or other disinterested third party inspect the relevant records of Licensee on thirty (30) days' notice and during regular business hours to verify the reports and payments required to be made hereunder. Should an underpayment in excess of five percent (5%) be discovered, Licensee will pay the cost of the audit in addition to paying the deficient fees.  (f) Duration of Deployment Licenses.  Unless otherwise stated on an invoice/statement provided by LEAD upon license purchase, Deployment Licenses for Internal Deployments and Hosted Service Deployments are valid for one (1) year and Licensee may renew the license(s) on an annual basis by paying the then applicable Deployment License Fee presented by LEAD for as long as Licensee is using the End User Software. If a Deployment License(s) is not renewed, the Deployment License is terminated, and Licensee will be required to execute a license termination form confirming that the End User Software is no longer in use. Deployment Licenses for Commercial Deployments will have the duration set forth in the applicable Commercial Deployment License agreement executed by LEAD and Licensee.  (g) New Versions; Upgrades. Minor version updates to the LEAD SDK (e.g., patches or point releases), when and if available, are provided to Licensee free of charge. No additional deployment licensing is required for deploying minor version updates to Licensee's duly licensed install base for the End User Software. Licensee may license major new versions of the LEAD SDK (designated either as a whole number or a .5 release, e.g., LEADTOOLS version 23.5, 24, 24.5) by purchasing a Development License and Deployment License to the new version at LEAD's then prevailing price.  For Internal Deployments and Hosted Service Deployments, if a major new version of the LEAD SDK is included in an upgrade to the End User Software, no additional Deployment License Fee will be required to deploy the New Version to existing paid Deployments for so long as Licensee is paying the required annual Deployment License Fees for each such Deployment. For Commercial Deployments, the Deployment License upgrade pricing and maintenance options will be set forth in the Commercial Deployment License agreement executed by LEAD and Licensee.  (h) OEM Distribution.  If Licensee wishes to use an OEM who will modify the End User Software and copy it, Licensee must first obtain an OEM distribution license from LEAD or must require the OEM to obtain a license from LEAD.  Duplication or redistribution of the End User Software, or any portion thereof, by the users of the End User Software, without a separate written redistribution license from LEAD, is prohibited.  (i) Activation.  No rights to copy, deploy or redistribute the End User Software are granted until such time as Licensee has properly activated the LEAD SDK with LEAD and obtained its Deployment Files.  4. CONFIDENTIALITY; OTHER LICENSE TERMS AND RESTRICTIONS  The licenses granted under this Agreement are expressly conditioned upon Licensee's compliance with all the terms and conditions of this Agreement and, if applicable, the applicable Commercial Deployment License agreement and Hosted Service Deployment License agreement. Licensee may not use, copy, rent, lease, sell, sublicense, assign, or otherwise transfer the LEAD SDK except as expressly provided for in this Agreement.  Licensee may make a reasonable number of archival copies of the LEAD SDK.    Licensee shall not modify, decompile, disassemble, or reverse engineer the LEAD SDK, or attempt to do so, except as permitted by applicable legislation.  Licensee shall not use any portion of the LEAD SDK to develop a competitive product.  Licensee shall not reproduce, copy, or redistribute any Development Resources, except Licensee may use the sample source code examples and demo code contained in the Development Resources for the purpose of developing the End User Software subject to the following limitations:  (i) Licensee may not use the sample source code for any purpose other than developing the End User Software, and (ii) Licensee may not disclose, redistribute, or otherwise transfer any of the sample source code, or any source code derived from the sample source code.  Notwithstanding anything herein to the contrary, no portion of the LEAD SDK may be used to create End User Software that is used in the operation of a \"phone farm\" or \"device farm\" or otherwise intended to perform unlawful purposes.  Licensee acknowledges that the LEAD SDK, in source code form, is a trade secret of LEAD and its suppliers and that the Development Resources contain trade secrets and other confidential information of LEAD and its suppliers.  Licensee shall treat the LEAD SDK and Development Resources in the same manner as Licensee treats its own trade secret information, but in no event shall Licensee exercise less than reasonable care to protect the LEAD SDK and Development Resources against unauthorized access or disclosure.  Licensee employees and contractors who have access to the sample source code, LEAD SDK or Development Resources must be bound by a written nondisclosure agreements prohibiting them from disclosing any information therein that is not publicly available (other than by a breach of this Agreement or such nondisclosure agreements).  Licensee agrees to refrain from disclosing any unlock keys, serial numbers, or activation codes to any third party, or otherwise taking any action intended to circumvent copyright protection or other anti-piracy measures implemented by LEAD with respect to the LEAD SDK.  The End User Software developed by Licensee must be an \"end user application.\"  An \"end user application\" is a specific application program that is licensed to a person or entity for business or personal use and not for redistributing the application or any part of the application, and may be either an application that is used by Licensee internally, or an application that is commercially distributed to end users for their use.  A user of an end user application may not modify or redistribute the application and may not copy it (other than for archival purposes).  The End User Software may only be offered to end users in object code form.  Licensee's license agreement covering the End User Software must contain restrictions prohibiting redistribution, modification, and copying of the End User Software.  Only one (1) end user application may be developed for each Development License purchased by Licensee. Nothing herein will be deemed to allow use of LEAD SDKs or inclusion of any Redistributables in any of the following types of software: development toolkit/development component/development library, dynamic link library (DLL), software with an application programming interface (API), compiler, operating system, or any other software not falling within the above definition of End User Software.  If Licensee wishes to use the LEAD SDK in a manner prohibited by this Agreement, Licensee must contact LEAD's OEM department to determine whether a special license may be obtained.  Upon LEAD's request, Licensee agrees to send LEAD one demonstration copy of the End User Software. Licensee agrees that LEAD may use Licensee's corporate name, logo and the name of the End User Software on LEAD's websites and in marketing materials where LEAD provides a partial list of customers who have licensed the LEAD SDK, and Licensee grants LEAD a nonexclusive and limited license in any associated Licensee trademarks for such purposes.  5. EVALUATION VERSION LICENSE  If Licensee is using an \"evaluation version\" of the LEAD SDK, (including full or partial versions of a LEAD SDK available for download on NuGet.org, Github.com or other repository), then the licenses granted hereunder are limited as follows: (a) Licensee is granted a license to use the LEAD SDK for a period not to exceed sixty (60) days (or such other period authorized by LEAD) (the \"Evaluation Period\") solely for purposes of evaluation and testing the LEAD SDK to determine if Licensee wishes to purchase a license for the release version of the LEAD SDK,  (b) any End User Software developed with the evaluation version of the LEAD SDK may not be distributed or deployed other than internally for testing purposes to evaluate the functionality and performance of the LEAD SDK, and (c) upon completion of the Evaluation Period, Licensee shall either (i) delete the LEAD SDK or  (ii) obtain a paid Development License and Deployment License of the LEAD SDK from LEAD or an authorized reseller.  6. THIRD PARTY CONSULTANTS AND SYSTEMS INTEGRATORS  If Licensee is a consultant, systems integrator or similar contracting entity and is licensing the LEAD SDK to develop End User Software on behalf of a customer as a work for hire, Licensee will enter into a written agreement with its customer with such terms as are necessary to comply with the Deployment License obligations described in Section 3 hereof, and which otherwise protects and preserves LEAD's intellectual property rights in the LEAD SDK and Redistributables.  Unless Licensee's customer purchases its own Development License for the LEAD SDK, Licensee will not deliver the End User Software source code or LEAD SDK to its customer or otherwise permit its customer to further develop the End User Software.  If Licensee wishes to assign this Agreement and End User Software to the customer upon completion of the development of the End User Software, Licensee and its customer must execute an assignment agreement, in form acceptable to LEAD, whereby Licensee's customer assumes Licensee's obligations under the terms of this Agreement, including without limitation, the obligations for annual Deployment License payments, renewals and deployment reporting.  Unless and until this Agreement is properly assigned by Licensee to the customer, Licensee remains responsible for the Deployment of the End User Software by Licensee's customer, including purchasing and renewing Deployment Licenses based on the customer's Deployment of the End User Software.  7. PAYMENT TERMS; PURCHASE ORDERS  Licensee will pay all LEAD invoices when due.  If Licensee is more than 30 days past due on any invoice, Licensee agrees to pay finance charges equal to one and a half percent (1.5%) per month or at the maximum rate permitted by law, whichever is less, on all overdue and unpaid invoices until paid in full. All license fees and other amounts due to LEAD are denominated and will be paid in United States Dollars and are exclusive of any and all applicable taxes.  Licensee is responsible for paying any sales, use, value added, or other taxes and tariffs (other than federal and state taxes levied on LEAD's income) in connection with the licenses granted hereby.  LEAD's willingness to grant the licenses contained herein is expressly limited to the terms and conditions herein and LEAD hereby objects to any additional, contrary, or different terms contained in any purchase order, all of which are deemed rejected by LEAD and none of which will modify this Agreement or be binding on the parties unless such terms have been approved in a signed writing by both parties.  8. PROPRIETARY RIGHTS; COPYRIGHT NOTICES  Except for the limited license granted herein, LEAD, and its suppliers, retain exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the LEAD SDK.  Licensee agrees not to represent that LEAD is affiliated with or approves of Licensee's End User Software in any way.  Except as required hereby, Licensee shall not use LEAD's name, trademarks, or any LEAD designation in association with Licensee's End User Software.  The End User Software must contain the following copyright and patent notices in its documentation: \"Portions of this product were created using LEADTOOLS (c)1991-2024, LEAD Technologies, Inc. and its licensors.  ALL RIGHTS RESERVED. Portions of this product are licensed under US patents 9,552,527, 10,318,563,   10,579,653, 11,488,407 and 11,613,114 and foreign counterparts.\"  Additional third-party attribution and license requirements may apply to certain modules or demo programs contained in the LEAD SDK that include open-source libraries.  These additional requirements are found in the LEAD SDK documentation under Intellectual Property Notices.  9. EXPORT LAW  Licensee acknowledges and agrees that the LEAD SDK and End User Software may be subject to restrictions and controls imposed by the United States Export Administration Act, as amended (the \"ACT\"), and the regulations thereunder.  Licensee agrees and certifies that neither the LEAD SDK nor any direct product thereof (e.g., the End User Software) is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, to any person or into any country prohibited by the ACT and the regulations thereunder or will be used for any purpose prohibited by the same.  Licensee bears all responsibility for export law compliance of the End User Software.  10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND  The LEAD SDK is a \"Commercial Item,\" as such term is defined by FAR 2.101 (48 C.F.R. 2.101) and is \"commercial computer software\" and \"commercial computer software documentation\" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable.  This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other ends users pursuant to the terms and conditions herein.  Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official.  This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license.  11.  TERM; TERMINATION  The Development License granted hereunder is effective until terminated. Deployment Licenses are effective for the period described on the applicable invoice/statement/Commercial Deployment License agreement/Hosted Service Deployment License agreement.  A party may terminate this Agreement and the licenses granted hereunder for any material breach of this Agreement or any corresponding Commercial Deployment License agreement or Hosted Service Deployment License agreement by the other party by providing written notice to the other party.  In the event Licensee ceases doing business, initiates or becomes the subject of a bankruptcy proceeding, or becomes insolvent, LEAD may, at its sole option, terminate this Agreement by giving ten (10) days written notice.  Upon termination, Licensee shall cease using the LEAD SDK and cease using or distributing the End User Software containing the Redistributables and will cause any and all resellers and distributors to cease distributing the End User Software.  All restrictions prohibiting Licensee's use of the LEAD SDK and intellectual property provisions relating to LEAD SDK running to the benefit of LEAD will survive termination of the license pursuant hereto.  Termination will not affect properly granted end user licenses of the End User Software distributed by Licensee prior to termination, provided all Deployment License Fees have been paid for such end user licenses granted by Licensee.  12.  EXCLUSION OF WARRANTIES  LICENSEE HAS HAD FULL OPPORTUNITY TO EVALUATE AND TEST THE LEAD SDK TO DETERMINE IF IT MEETS LICENSEE'S REQUIREMENTS.  ACCORDINGLY, THE LEAD SDK IS PROVIDED \"AS IS\" AND LEAD MAKES NO PERFORMANCE WARRANTY OR OTHER WARRANTY OF ANY KIND, WHATSOEVER, AND LICENSEE ACKNOWLEDGES THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE CONCERNING THE LEAD SDK ON WHICH LICENSEE IS RELYING IN ENTERING INTO THIS AGREEMENT AND LICENSING THE LEAD SDK.  ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THUS THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE.  13. INDEMNIFICATION  (a) LEAD Indemnity. LEAD will defend against any third party claim brought against Licensee that the LEAD SDK infringes a third party intellectual property right and LEAD will pay any costs, damages and reasonable legal fees attributable to such claim that are finally awarded against Licensee or paid in settlement thereof. If such claim arises, or if in LEAD's judgment, is likely to arise, LEAD may, at LEAD's sole option and expense (A) procure the right for Licensee to continue using the LEAD SDK, (B) replace or modify the LEAD SDK in a substantially functionally equivalent manner so that it becomes non-infringing, or (C) if neither of the foregoing alternatives can be achieved on terms that are reasonable in LEAD's judgment, then LEAD may require Licensee, upon written request by LEAD, to return the LEAD SDK to LEAD for a refund for that portion of the fees paid by Licensee which is attributable to the remaining portion of the License Term (if any) and concurrent with such payment to Licensee, despite any other provision of this Agreement, this Agreement will be terminated and LEAD will have no further liability to Licensee hereunder. However, LEAD will have no indemnification obligation for any claim based on: (i) use of a prior or altered release of the LEAD SDK if such claim would have been avoided by the use of a current unaltered release of the LEAD SDK; (ii) a version of the LEAD SDK modified by Licensee or to the extent that such claim arises from the LEAD SDK's combination, operation, or use with the End User Software or any other product, data, or apparatus not provided by LEAD; or (iii) any use of the LEAD SDK not in accordance with this Agreement.  (b) Licensee Indemnity. Licensee agrees to indemnify and hold LEAD harmless from and against any and all costs, losses, liabilities or expenses (including reasonable legal fees) arising out of third party claims against LEAD: (A) to the extent based on any alleged infringement of intellectual property rights caused by Licensee's bundling of the LEAD SDK with their End User Software; or (B) in connection with any act or omission of Licensee including, without limitation, claims related to Licensee's development, promotion, distribution and/or use of the End User Software (but excluding, for greater certainty, in the case of both subsections (a) and (b) any claims or costs to the extent based upon or relating to (i) matters for which  LEAD is obligated hereunder to indemnify Licensee, or (ii) LEAD's wrongful or negligent acts).  (c) Indemnification Procedure. The party seeking indemnity under this Agreement (the \"Indemnified Party\") will (A) promptly give written notice to the other party subject to the indemnity obligations (the \"Indemnifying Party\") of any claim for which indemnity is sought (provided that failure to promptly give notice will not relieve the Indemnifying Party of its indemnification obligation, except to the extent that the Indemnifying Party can demonstrate that it has been prejudiced as a result of such failure); and (B) allow the Indemnifying Party to control the defense or settlement of the claim, and provide all reasonable assistance in connection therewith, at the Indemnifying Party's request and expense. The Indemnified Party may participate in the defense or settlement of any such claim at its own expense. The Indemnifying Party agrees that it will not settle any claim in a manner which would impose any obligation on the Indemnified Party or restrict the Indemnified Party's right, title or interest, including all intellectual property rights in the Indemnified Party's products or services, without the Indemnified Party's prior written consent, which will not be unreasonably withheld or delayed.  14.  LICENSEE'S REMEDIES: LIMITATIONS  IN NO EVENT SHALL LEAD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LEAD SDK, REGARDLESS OF WHETHER LEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL LEAD'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED AMOUNTS PAID TO LEAD BY LICENSEE UNDER THE TERMS OF THIS AGREEMENT OVER THE 12 MONTH PERIOD PRIOR TO THE DATE THE CLAIM ARISES. LICENSEE UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.  NOT ALL JURISDICTIONS ALLOW LIMITATIONS OF LIABILITY, AND THUS THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE.  15.  STANDARDS LICENSING; RIGHTS OF CONTENT OWNERS  Certain technologies such as MPEG 2, MPEG 4, AAC, and H.264 may be subject to third party patents, including patents managed by MPEG LA and Via Licensing, Inc.  LEAD has obtained a patent license from MPEG LA and Via Licensing which covers LEAD's distribution of its products.  LEAD's license does not extend to Licensee's End User Software.  Licensee is responsible for obtaining any and all third-party patent licenses for the deployment and distribution of the End User Software, including any licenses required by MPEG LA or Via Licensing.  Additionally, Licensee agrees that it will not use the LEAD SDK or End User Software for any unlawful purpose, including without limitation, for copying, distributing, broadcasting, or publishing the copyrighted works of any third party without a proper content license.  16.  TECHNICAL SUPPORT AND MAINTENANCE  LEAD's technical support policies and annual maintenance plan benefits are posted on LEAD's website (www.leadtools.com (or such other successor website)) and LEAD reserves the right to amend and modify its technical support policies and annual maintenance plan from time to time, in its sole discretion.  Licensee agrees that LEAD may collect and freely use any and all technical information or other submissions regarding the LEAD SDK, including feature requests and product suggestions, provided by Licensee to LEAD.  Licensee agrees that LEAD is not responsible for providing technical support to Licensee's customers or other end users of the End User Software.  17. ORDERS THROUGH RESELLERS  This Section applies only if Licensee purchases the Software through an authorized partner or reseller of LEAD (\"Reseller\").  If this section is applicable: (a) Licensee's order details (e.g. number, type and duration of license, etc.) will be as set out in the statement, order form or other such sales document issued by LEAD in connection with the order placed by Reseller on Licensee's behalf (the correctness of any such order details as conveyed to the Licensee are the sole responsibility of the Reseller); (b) in lieu of paying fees to LEAD, Licensee will pay fees to Reseller as agreed between Licensee and the Reseller. If LEAD does not receive such corresponding payment from Reseller, LEAD shall have the right to suspend or terminate Licensee's rights to use the LEAD SDK; (c) for the purposes of determining the liability cap in any limitation of liability based on the amount paid under this Agreement, the amount paid or payable by the Reseller to LEAD for Licensee's use of the applicable Software under this Agreement will be deemed to be the amount actually paid or payable by Licensee to LEAD under this Agreement; and (d) Resellers are not permitted to amend this Agreement or make any assurances or promises on LEAD's behalf, and LEAD is not bound by any obligations to Licensee other than as set forth in this Agreement.  18.  GENERAL  This Agreement shall be interpreted, construed, and enforced according to the laws of the State of North Carolina, without resort to the choice of law provisions thereof.  In the event of any suit arising from or relating to this Agreement, the parties agree that federal and state courts located in Mecklenburg County, North Carolina will have exclusive jurisdiction over such suit and Licensee hereby irrevocably submits itself for the jurisdiction and venue of such state and federal courts for such suits.  This Agreement, the invoice/statements issued by LEAD setting forth the number, type and duration of Deployment Licenses granted to Licensee, and the Commercial Deployment License agreement or Hosted Service License Agreement, as applicable, constitutes the entire agreement and understanding of the parties regarding the subject matter therein and may be modified only in writing signed by both parties.  No salesman, support agent or other LEAD employee or any LEAD reseller has any authority to obligate LEAD by any terms, stipulations, or conditions not expressed in the Agreement.  All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void.  If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.  The provisions in Sections 3(e), 7-10, 12-14, 17-19, and the confidentiality provisions in Section 4 shall survive the termination or expiration of this Agreement.  This Agreement, and the rights hereunder, may not be assigned by Licensee, whether by oral or written assignment, sale of assets, merger, consolidation, or otherwise, without the express written consent of LEAD.  LEAD may assign this Agreement in its sole discretion.  Portions of the LEAD SDK are protected by copyright and other proprietary rights of third-party LEAD SDK vendors, who shall be deemed to be intended third party beneficiaries of this Agreement.  Licensee may be held directly responsible by third-party vendors for acts relating to the LEAD SDK which are not authorized by this Agreement.  19. OFFICIAL LANGUAGE OF AGREEMENT  The original text of this Agreement, as well as the documents referenced herein, has been written in the English language, and for convenience, may be translated to other native languages (Japanese, for example).  The text written in English and the provisions of the English version of this Agreement shall be the official contract between the parties, and in the event of an ambiguity or conflict between the terms of the English version and any translated version, the English version shall be controlling.   ",
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