End User License Agreement

Seagull Scientific ("Seagull") grants you a non-exclusive license to use the accompanying computer software and related documentation ("Seagull Software"), subject to the following provisions. You assume full responsibility for the selection of the Seagull Software to achieve your intended results, and for the installation, use, and results obtained from the Seagull Software.

Copyrighted Material:

Only the TRIAL EDITION of Seagull’s BarTender software may be copied and distributed freely. All other versions of BarTender are protected under standard copyright law and may not be copied.

The license granted by this agreement for all non-Trial software is absolutely restricted to you and those acting on your behalf (such as employees or contractors) for your own use. You may make a copy of such Seagull Software only for backup purposes. You shall not: (1) permit any third party to use the Seagull Software; (2) allow access to the licensed software by timesharing; (3) modify the software; or (4) transfer or resell the software, software license, or product key code to another entity without the written permission of Seagull Scientific.

The software and all accompanying materials are copyrighted and therefore protected by Federal and international laws. If a "Licensed Region" restriction is specified in the software’s "Help, About" dialog and/or packaging, you agree to restrict your use of the software to that region.

Title to and all rights and interests in the Seagull Software, wherever resident and on whatever media, are and shall remain the property of Seagull. You expressly acknowledge and agree that the Seagull Software constitutes a valuable proprietary product and trade secret of Seagull, embodying substantial creative efforts, which requires protection against unauthorized use and disclosure. You expressly agree to protect the valuable proprietary Seagull Software against unauthorized use and disclosure by taking all reasonable steps necessary to do so.

Printer Driver Distribution:

Seagull's thermal printer drivers also may not be copied or distributed, except under either of these two conditions:

1. A BarTender Trial edition must be included with the drivers in a way that makes the recipient clearly and unambiguously aware of the fact that they have the option to install and use the included BarTender software.
2. Otherwise, explicit written authorization must be received from Seagull to distribute the drivers.

Individual users can always obtain Seagull drivers directly from Seagull by downloading them from Seagull’s web site. Printer manufacturers are expressly prohibited from redistributing Seagull’s printer drivers without written authorization obtained directly from Seagull.

Edition-specific Licensing Restrictions:

1. Licensing of the Automation and Enterprise Automation editions is based on the maximum number of printers used in a 7-Day Period. A printer should be counted as used if BarTender directly, or when automated by any of the companion applications, prints a template from a BarTender Document (BTW file) directly to that printer, or creates a PDF or similar type of data stream that is then printed to that printer. While Seagull License Server attempts to monitor the printer count and license compliance, it is your responsibility to ensure that you are licensed for the actual number of printers being used.
2. When BarTender is used to generate electronic documents such as PDF files, it is possible to create a document which may be printed to many different printers. It is your responsibility to ensure that you are licensed for the maximum number of printers that will be used in a 7-day time period.
3. You are required to have a license for the Automation editions in order to generate or use Printer Code Template (PCT) files or PCT-like files in non-BarTender printing systems. While PCT solutions are supported, they are not recommended. See the Integration Overview white paper to learn more about PCT shortcomings.
4. You may not clone, copy or duplicate an installed instance of the Seagull License Server, whether on a physical computer or virtual server, in a manner that allows it to support a duplicate of a Product Key Code already in use by another instance of the Seagull License server.
5. Only the Enterprise Automation edition of BarTender may be used on computers running Windows Cluster Server.
6. You may install and activate Automation Editions of BarTender on as many computers as you would like. However, once you activate Seagull License Server on a computer, you will not be able to use it on any other computers unless you move it. In order to move it, you must deactivate the software on the original computer and then activate it on a different computer. You are only allowed three moves for this version of the software. Changing the hardware significantly on a computer will also count as a move.

Professional and Basic Editions:

1. Licensing of the Professional and Basic editions of BarTender is based on the number of computers on which BarTender is installed.
2. Previously-purchased Professional edition licenses purchased as part of a "multi-user" package must all be used by the same company – they may not be split up for distribution to different companies. Seagull no longer offers multi-user licenses of the Professional edition, but existing multi-user licenses retain this restriction when they are upgraded.
3. Operation of single copies of BarTender Professional and Basic editions by multiple, concurrent users, regardless of the method, is prohibited. BarTender Professional and Basic sessions operated through Windows Terminal Services, Citrix, or other "terminal servicing" software may only be accessed by one user at a time. Operation by multiple, concurrent users requires the use of an Automation edition. Automating and launching multiple instances of BarTender under the same user requires the use of the Enterprise Automation edition.
4. You may not clone, copy or duplicate an installed instance of BarTender Professional or Basic, whether on a physical computer or virtual server, in a manner that allows it to support a duplicate of a Product Key Code already in use by another instance of BarTender.
5. Professional and Basic editions may not be used to generate printer language files for subsequent use by a non-BarTender "print system." (See "Automation Editions" licensing above for further information.)
6. Once you activate this software on a computer, you will not be able to use it on any other computers unless you move it. In order to move it, you must deactivate the software on the original computer and then activate it on a different computer. You are only allowed three moves for this version of the software. Changing the hardware significantly on a computer will also count as a move.

UltraLite and Basic Editions:

1. UltraLite and Basic editions are to be used with manual data entry only. You may not construct a system in which data to be printed is automatically supplied to BarTender by keystroke emulation.

Warranty of Non-infringement:

Seagull warrants that the Seagull software does not infringe on any U.S. patent, trademark, copyright or trade secret held by a third party, subject to the limitations below.

Other Warranties:

Seagull warrants that the media on which the Seagull Software is furnished will contain the program and that it is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase, provided that within thirty days of purchase, the purchaser properly registers their software, subject to the limitations below.

Disclaimed Warranties:

SEAGULL DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE SEAGULL SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK AS TO THE ACCURACY AND PERFORMANCE OF THE SEAGULL SOFTWARE IS WITH YOU. YOU ARE ADVISED TO THOROUGHLY TEST THE SOFTWARE BEFORE RELYING ON IT. SEAGULL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SEAGULL SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SEAGULL SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitations of Liability:

YOU UNDERSTAND AND AGREE THAT SEAGULL’S AGGREGATE LIABILITY FOR ANY DAMAGES SUFFERED BY YOU UNDER ANY THEORY OR BASIS, INCLUDING VIOLATION OF WARRANTY, SHALL BE LIMITED TO THE AMOUNTS PAID EITHER DIRECTLY OR INDIRECTLY TO SEAGULL BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT CAUSED SUCH ALLEGED DAMAGE. IN NO EVENT SHALL SEAGULL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS DATA, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SEAGULL SOFTWARE, EVEN IF SEAGULL OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY OR BASIS FOR SUCH CLAIM.

Jurisdiction, Enforcement, and other Legal Issues:

Some states and provinces do not allow the exclusion of implied warranties or the exclusion of liability for incidental or consequential damages so the foregoing may not apply to you. This agreement gives you specific legal rights that vary from state to state. The allocation of risks under this agreement is deliberate and the consideration for the product was determined accordingly.

This agreement shall be governed by the laws of the State of Washington, USA, and should any legal action be necessary between the parties such legal action shall be filed in Bellevue, Washington. The prevailing party in any litigation arising out of this agreement shall be entitled to be reimbursed for all attorney's fees, expense, and associated costs. If any provision of the agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be given full force and effect.

Your Acceptance:

You acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions. Further, you agree that it expresses the entire agreement and that it supersedes any advertising, and any prior or contemporaneous communications, oral or written, relating to Seagull products.