Barcode X Mac and PC Barcoding Software and Bar Code Readers for Small Business Solutions

Use of all Peninsula software is subject to the terms and conditions of the following license agreement:

Peninsula Software

Please read this document carefully before using the Software.

This document states the terms and conditions upon which Peninsula Software ("Peninsula") offers to license the enclosed software ("the Software"). By tearing the seal, or using the software, you are agreeing to become bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not tear the seal or use the Software. Promptly return the unopened package to the place where you obtained it for a full refund.

The enclosed computer program as supplied by Peninsula is licensed, not sold, to you for use only under the terms of this license and Peninsula reserves all rights not expressly granted to you. You own the disk or other media on which the Software is originally or subsequently recorded or filed, but Peninsula retains ownership of all copies of the Software itself.

1. License: This license allows you to:
(a) Use the Software for internal purposes only on a single computer of the type identified on the package accompanying the diskette.
(b) Make one copy of the Software in machine readable form solely for backup purposes. You must reproduce on any copy all copyright notices and any other ownership or intellectual property legends that are on the original copy of the Software.
(c) Transfer the Software and all rights under this license to another party together with a copy of this Agreement provided that the other party reads and agrees to accept the terms and conditions of this Agreement and provided further that you do not retain any copy of the Software.

2, Restriction:
(a) You may not market, distribute or transfer (other than in accordance with section l(c) above) copies of the Software to others or electronically transfer the Software from one computer to another over a network. You may not run the software over a network or as a server for TCP/IP or CGI or ASP transmission. The Software contains intellectual property and in order to protect them you may not decompile, reverse translate disassemble or otherwise reduce the Software to a human perceivable form or distribute them to any third party. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE OR LOAN THE SOFTWARE OR CREATE DELIVERABLE ACTIVE WORKS BASED ON THE SOFTWARE OR THE ACCOMPANYING WRITTEN MATERIALS.
(b) The Software and the accompanying written Material are copyrighted. Unauthorised copying of the Software is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License.
(c) You understand that Peninsula may update or revise the Software and in so doing incurs no obligation to furnish such updates to you. (These changes may render your Software obsolete. Consequently, Peninsula reserves the right to terminate this Agreement as to such prior versions of the Software).

3. Termination: This License is effective until terminated. Except for Sections 6, 7, and 8, this License shall terminate automatically upon the earlier of your breach of your obligations under the License or January I, 2030. Upon termination, you agree that you will destroy the Software and documentation and all copies of the Software and documentation. This remedy shall be in addition to any other remedies available to Peninsula.

4. Export Control: You assure Peninsula that you will not knowingly, break any export regulations laid down by the UK government.

5. Government End Users: If this Software is acquired by or on behalf of a unit or department of the UK Government this provision applies. This Software:
(a) was developed at private expense, is existing computer software, and no part of it was developed with government funds,
(b) is a trade secret of Peninsula for all purposes of the Official Secrets Act,
(c) is restricted "computer software" ,
(d) in all respects is proprietary data belonging solely to Peninsula,
(e) is unpublished and all rights are reserved under the copyright laws of the UK. For units of the Ministry of Defence (MOD) this Software is licensed only with "Restricted Rights", and use, duplication or disclosure is subject to restriction,. Contractor/manufacturer is Peninsula Software, Orchard House, St Johns Ave., Bridlington, East Yorkshire, YO16 4ND. The Government has agreed to refrain from changing or removing any insignia or lettering from the Software or the documentation that is provided or from the producing copies of manuals or media (except for backup purposes and in accordance with the terms of this Agreement).

6, Limited Warranty:
(a) Peninsula warrants that the Software and the accompanying media will perform substantially in accordance with the specifications set forth in the accompanying documentation for a period of ninety (90) days after your payment of the license fee, when properly installed on a computer for which a license is granted hereunder. Peninsula does not warrant that the operation of the Software will meet
your requirements or operate free from error. Peninsula DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
(b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Peninsula, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

7. Limited Remedies:
(a) If the Software or media fails to perform as warranted, your sole and exclusive remedy shall be to return the media to Peninsula, postage prepaid with a copy of the receipt. Peninsula shall, at its option, (i) replace the Software or media with Software or media which conforms to the warranty (ii) correct the error or (iii) refund the license fee.
(b) Peninsula SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF Peninsula OR ITS REPRESENTATlVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES S0 THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(d) THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY ARE FUNDAMENTAL REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN Peninsula AND YOU. Peninsula WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.

8. Limited Liability: The liability of Peninsula for any claims arising out of the License based upon the Software, regardless of the form of action, shall not exceed the greater of the license fee for the software or £1.

9. Peninsula is a LIMITED COMPANY, with its registered offices at Orchard House, St Johns Ave., Bridlington, East Yorkshire, YO16 4ND, UK.

lO. General: This License shall be governed and interpreted in accordance with the laws of the UK, as applied to contracts entered into and to be performed entirely in the UK. This License shall be construed in such fashion as to make each provision enforceable to the maximum extent possible under governing law. This License contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written). Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right to respect to any subsequent breach or a continuance of any existing breach after demand for strict performance. If any provision of this license shall be held by a court of competent jurisdiction to be contrary law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect.