Socket Mobile Software Development License Agreement

Socket Mobile, Inc.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) BEFORE USING SOCKET MOBILE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”.

  1. License. Any software, tools, utilities, sample code, documentation, fonts and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media, are licensed to you by Socket Mobile, Inc. for use only under the terms of this License, and Socket Mobile reserves all rights not expressly granted to you. The rights granted herein are limited to Socket Mobile Inc’s and its licensors’ intellectual property rights in Socket Mobile Software and do not include any other patents or intellectual property rights. You own the media on which Socket Mobile Software is recorded but Socket Mobile and/or Socket Mobile licensor(s) retain ownership of Socket Mobile Software itself. Socket Mobile Software in this package and any copies you make and modifications you obtain in the future are subject to this License.

  2. Permitted Uses and Restrictions. Socket Mobile Software is designed for use only in conjunction with Socket Mobile products and is unlimited as to use for this purpose. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, and distribute the software for any other purpose than to be used with Socket Mobile products. Your rights under this License will terminate automatically without notice from Socket Mobile if you fail to comply with any term(s) of this License.

  3. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOCKET MOBILE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SOCKET MOBILE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SOCKET MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SOCKET MOBILE TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN WHAT MAYBE REQUIRED BY LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE ORIGINAL PURCHASE AMOUNT OF SOCKET MOBILE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  4. Export Law Assurances. You may not use or otherwise export or re-export Socket Mobile Software except as authorized by United States law and the laws of the jurisdiction in which Socket Mobile Software was obtained. In particular, but without limitation, Socket Mobile Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using Socket Mobile Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

  5. Government End Users. Socket Mobile Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  6. Limited Warranty. Socket Mobile warrants that the original disk is free from defects for 90 days from the date of delivery of the Software. Socket Mobile’s entire liability and your exclusive remedy shall be, at Socket Mobile’s option, either (a) return of the price paid or (b) replacement of the Software which does not meet Socket Mobile’s limited warranty and which is returned to Socket with a copy of your receipt. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside of the United States of America. Socket Mobile disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state to state.

  7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United States and the State of California. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

  8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of Socket Mobile Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Socket Mobile. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.