Bytescout Screen Capturing SDK License Agreement

This is a legal agreement between you ("Customer"), the end user (either an individual or a single entity), and ByteScout ("ByteScout"). By answering 'YES' or 'Accept' you are agreeing to accept this agreement for Bytescout Screen Capturing SDK ("SDK") and optionally purchased source code for ("Source Code") and to be bound by the terms of this agreement. This License Agreement will continue as long as you use the SDK. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the SDK and Source Code.

1. Grant of License. ByteScout grants a limited, non-exclusive license to use one copy of the SDK for the purpose of developing applications for the Windows environment.

2. Runtime Distribution License. ByteScout grants you a royalty-free right to distribute copies of the runtime files for use with applications you have developed using the SDK. The SDK runtime files are listed in Exhibit A. These files are not allowed to be distributed for any other purpose than to accompany software that you have developed using the SDK. You may use the SDK in your specific purpose application programs, in which case ByteScout grants you permission under ByteScout's copyright to use, give away or sell such programs without additional licenses or fees and provided that your program is not merely a set or subset of the SDK or a compilation or development tool or library which includes all or a portion of the SDK, or is otherwise a product that is generally competitive with or a substitute for the SDK. This permission is granted solely for the purpose set forth above, and you are not authorized to use the SDK in any other manner.

3. Copyright. The SDK is owned by ByteScout and is protected by United States copyright laws and international treaty provisions. Customer is allowed to make multiple copies of the SDK for backup purposes.

4. Developer License. Customer is allowed to use the SDK in desktop applications only if Customer has purchased the "Developer License" license required for every single developer who use the SDK.

5. Web Server License Customer is allowed to use the SDK in web applications only if Customer has purchased the "Web Server License" license required for every single production web-server with the SDK installed on it.

6. Customer may not lease, rent, or resell the SDK or any derivative product which competes directly or indirectly with the SDK without prior written agreement of ByteScout.

7. The Source Code is trade secret. It is confidential and cannot be published in any format or media without prior written consent of ByteScout.

8. ByteScout authorizes Customer to make archival copies of the Source Code for the sole purpose of backing up Source Code. All other copying of the Source Code is prohibited. All copies permitted to be made by this agreement must bear the following notice: "Copyright 2008-2010 ByteScout. All rights reserved. Unauthorized use, duplication or distribution strictly prohibited by Federal Law."

9. ByteScout does not authorize Customer to distribute the Source Code.

10. Other Restrictions. You may not rent, lease, sub-license, transfer, or sell the SDK and the Source Code. You may not translate, reverse engineer, decompile, disassemble the SDK.

No Warranty

The documentation and DLL and EXE files listed in Exhibit A are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and/or suitability for a particular purpose. The Customer assumes the entire risk of any damage caused by this software.

BYTESCOUT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BYTESCOUT DOES NOT WARRANT THAT THE OPERATION OF THE SDK AND THE SOURCE CODE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

NOTWITHSTANDING THE FORM (E.G. CONTRACT, NEGLIGENCE OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST BYTESCOUT, BYTESCOUT WILL NOT BE LIABLE FOR DAMAGES WHICH EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY CUSTOMER FOR THE SDK OR THE SOURCE CODE. IN NO EVENT WILL BYTESCOUT BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SDK OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BYTESCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

GOVERNING LAW AND GENERAL PROVISIONS

This Agreement will be governed by the laws of the United States of America, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. You may not ship, transfer, or export the SDK into any country or used in any manner prohibited by any export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.

Web site: http://www.bytescout.com

Exhibit A

BytescoutScreenCapturing.dll
BytescoutScreenCapturingFilter.dll