BotDetect ASP.NET CAPTCHA v3.0.14.X End User License Agreement

BotDetect ASP.NET CAPTCHA v3.0.14.X End User License Agreement (the "Agreement")

Notice to User

This is a legal document between you ("Licensee"), either an individual or a legal entity, and Captcha, Inc ("Vendor").

It is important that you read this document before using the Vendor-provided software and accompanying sound package files, documentation, demos, and samples (the "Software") and subsequently CAPTCHA challenges ("Captcha Challenges") generated by the Software.

By using the Software and subsequently the Captcha Challenges, you agree to be bound by the terms of this Agreement.

If you do not agree, you are not licensed to use the Software and Captcha Challenges, and you must delete and/or destroy any copies of the Software and Captcha Challenges in your possession or control.

Definitions

CAPTCHA Image

For the purpose of this Agreement, CAPTCHA image is the image part of a Captcha Challenge ("Captcha Image").

CAPTCHA Sound

For the purpose of this Agreement, CAPTCHA sound is the sound part of a Captcha Challenge ("Captcha Sound").

CAPTCHA Container

For the purpose of this Agreement, CAPTCHA container includes but is not limited to any HTML, JavaScript, CSS, or other part of a Captcha Challenge excluding Captcha Image and Captcha Sound ("Captcha Container").

Domain

For the purpose of this Agreement, domain ("Domain") is a single second level domain as defined by ICANN rules dependent on domain hierarchy of a particular Top-Level-Domain where the domain belongs.

For instance:

  • Example 1) domain.com, www.domain.com, abc.domain.com, www.abc.domain.com.

    In all cases from Example 1, "domain" is the Domain for the purpose of this Agreement.

  • Example 2) domain.co.uk, www.domain.co.uk, abc.domain.co.uk, www.abc.domain.co.uk.

    In all cases from Example 2, "domain" is the Domain for the purpose of this Agreement.

UPC

For the purpose of this agreement, Unique Page Content ("UPC") is defined as a web page whose content is unique within the scope of that particular website.

UPC URL

For the purpose of this agreement, UPC URL ("UPC URL") is defined as the Uniform Resource Locator of UPC stripped of "?" and whatever parameters might be following it as well as of any formally non-parameter parts used as parameters for the sole purpose of carrying information necessary for session identification.

Server

For the purpose of this Agreement, server ("Server") is defined as a physical computing device, not as a virtual machine running on top of virtualization software. A Server running several virtual machines is considered a single Server.

Branch

The Software is a part of the 3.X.X branch ("Branch") of the BotDetect ASP.NET CAPTCHA software.

1. Grant of License

Vendor grants to Licensee a worldwide, non-exclusive, non-transferable license (the "License") to download, install and use the Software under the terms and conditions specifically set out in this Agreement.

Vendor grants to Licensee a worldwide, non-exclusive, non-transferable license (the "Captcha Challenges License") to use Captcha Challenges generated on-the-fly by the Software under the terms and conditions specifically set out in this Agreement.


If Licensee uses the Software on an evaluation basis prior to purchasing the License then the following applies:

Free Evaluation License

Free evaluation license ("Free Evaluation License") is granted to Licensee to use the free evaluation version of the Software ("Free Version") on any number of Servers and on any number of Domains for an unlimited length of time, with the following limitations:

a) The Free Version contains BotDetect trademark ("BotDetect Trademark") in a certain percentage of Captcha Images.

Licensee must not in any way remove or prevent BotDetect Trademark from appearing in those Captcha Images.

b) The Free Version replaces a certain percentage of Captcha Sounds with a "sound demo" ("Sound Demo") sound notification.

Licensee must not in any way remove or prevent Sound Demo from appearing in those Captcha Sounds.

Vendor explicitly allows Licensee to completely turn off the sound functionality of the Software.

c) Licensee must not filter-out Captcha Challenges containing the BotDetect Trademark or the Sound Demo in them.

d) The Free Version contains a promotional link embedded into the Captcha Container ("Promotional Link") pointing to any CAPTCHA related website of Vendor's choice.

Licensee must not interfere with the Promotional Link in any way including but not limited to the following:

  • d-1) by removing the Promotional Link from the Captcha Container altogether, or
  • d-2) by altering the Promotional Link to point to a different website or URL, or
  • d-3) by making the Promotional Link SEO-unfriendly by adding the "rel=nofollow" HTML attribute or any similar disavowal method, or
  • d-4) by modifying the Captcha Container or Promotional Link content to interfere with the appearance and functionality or the Promotional Link, such as making the Promotional Link invisible or un-clickable through use of CSS, JavaScript, Flash or any other technology.

e) The Free Version contains invocations of remote scripts loaded from the remote.captcha.com website embedded into the Captcha Container ("Remote Scripts").

Licensee must not interfere with the loading and/or the execution of the Remote Scripts in any way including but not limited to the following:

  • e-1) by removing Remote Scripts from the Captcha Container altogether, modifying the Captcha Container to prevent the loading and execution of Remote Scripts, modifying the whole page the Captcha Container is placed on to prevent or subvert the execution of Remote Scripts, or
  • e-2) by changing or deleting any variables or state created by Remote Scripts loading and execution, or altering the workflow of Remote Scripts execution, or
  • e-3) by disrupting the communication between Remote Scripts and the remote.captcha.com website by modifying Remote Scripts URLs, selectively aborting HTTP requests with remote.captcha.com destinations, discarding Remote Scripts content loaded from the remote.captcha.com server, or
  • e-4) by tampering with the communication between Remote Scripts and the remote.captcha.com website by altering the Remote Scripts content loaded from the remote.captcha.com server, altering querystring parameters or other properties of HTTP requests initiated by Remote Scripts.

f) Licensee must not alter, remove or tamper with the Captcha Container outside options provided by the published Software API.

g) Licensee must not use the Free Version for displaying of Captcha Challenges on more than 1000 UPC URLs per Domain. Since the Free Version does not provide any mechanism for enforcing this limitation, it is Licensee's responsibility to ensure compliance.

2. Term and Termination

The License granted under this Agreement terminates (without prior notice) when Licensee fails to comply with this Agreement.

The Captcha Challenges License granted under this Agreement terminates (without prior notice) when Licensee fails to comply with this Agreement.

Upon such termination Licensee must delete and/or destroy all copies of the Software and Captcha Challenges.

3. Other Restrictions on Use of the Software

Licensee acknowledges that the Software represents and embodies valuable trade secrets of Vendor and/or its suppliers, affiliates and licensors.

Except in accordance with the terms of this Agreement, Licensee agrees:

  • a) Not to decompile, disassemble, reverse engineer or otherwise attempt to derive the Software"s source code from object code except to the extent expressly permitted by applicable law or treaty despite this limitation.
  • b) Not to use, copy, modify, or merge copies of the Software, or any part of the Software, except as explicitly permitted in the License.
  • c) Not to sell, rent, lease, license, sublicense, display, timeshare, assign, delegate, outsource or otherwise transfer the Software to any third party.
  • d) Not to disclose to any third party the results of any performance / benchmark tests run on the Software without the prior written consent of Vendor.

4. Applicability

Licensee acknowledges that the Software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment, systems and facilities in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.

5. Third Party Software

Licensee acknowledges that the Software may be dependent on, and distributed together with software made by various third parties. In order to use the Software, Licensee must accept and comply with those third parties' software licenses. Copies of third parties' licenses (if any) are provided in separate documents in accordance with those licenses.

6. Ownership of the Software and Copyrights

The ownership of all copies of the Software remains with Vendor and/or its suppliers, affiliates and licensors. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Licensee may not remove any copyright notices or licenses from the Software. Except as otherwise expressly provided, Vendor grants no express or implied right under Vendor and/or its suppliers, affiliates and licensors patents, copyrights, trademarks, or other intellectual property rights.

7. Contributions

Licensee hereby grants to Vendor an irrevocable, worldwide, exclusive, royalty-free license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any contribution including oral or written feedback, ideas, materials, fixes, error corrections, enhancements, suggestions and the like that Licensee provides to Vendor.

8. Copyright, Ownership, and Restrictions on Use of CAPTCHA Challenges

a) The ownership of all copies of the Captcha Challenges remains with Vendor and/or its suppliers, affiliates and licensors. The Captcha Challenges are copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Licensee may not remove any copyright notices or licenses from the Captcha Challenges. Except as otherwise expressly provided, Vendor grants no express or implied right under Vendor and/or its suppliers, affiliates and licensors patents, copyrights, trademarks, or other intellectual property rights.

b) Licensee cedes to Vendor all intellectual property rights (including copyright) that Licensee as a user of the Software ("User") and as a computer running the Software ("Computer") might have under certain legal interpretations of intellectual property laws over Captcha Challenges.

c) Licensee as the User and as the Computer waives the right to sue Vendor in order to challenge Vendor's intellectual property rights (including copyright) over the Captcha Challenges.

d) Licensee as the User and as the Computer waives the right to invoke any argument challenging Vendor's intellectual property rights (including copyright) over the Captcha Challenges in any future legal proceeding that may arise in between Licensee and Vendor.

e) Licensee is explicitly forbidden to save Captcha Challenges onto any permanent or temporary storage medium including but not limited to databases, with the only exception of this rule being temporary storing of up to last 1000 Captcha Challenges generated that can be used for debugging purposes only and must be deleted immediately following the end of the debugging process.

9. Upgrades; Compatibility

Release of future versions ("Upgrades") of the Software (if any) is at Vendor's sole discretion. Vendor provides no assurance that it will ever produce or make generally available any Upgrades of the Software.

The Software is subject to change at any time at Vendor's sole discretion.

Vendor provides no assurance that any future Upgrades are going to be backwards compatible with this version of the Software, or that there is going to be any prior notice regarding such incompatibility.

Vendor provides no assurance that any future Upgrades are going to contain the exact functionality set of this version of the Software, or that there is going to be any prior notice regarding such removal of functionality.

10. Cost of Upgrades

If Vendor releases any Upgrade within this Branch of the Software, Licensee is entitled to use it instead of this version at no additional charge, provided that Licensee accepts the license that will govern the use of the Upgrade.

Licensee acknowledges that they may be required to pay the full price of the License if they wish to upgrade to any Upgrade that is not within this Branch of the Software.

11. License Changes

Vendor retains all rights to change this license in the Upgrades of the Software.

12. Technical Support

Technical support is not included in the Free Evaluation License.

Responding to technical support requests is at Vendor's sole discretion.

Even if Vendor decide to provide technical support in a particular case, that shall not mean that any subsequent technical support request is going to be honored by Vendor.

13. Disclaimer of Warranties

The Software may contain errors that could cause failures or loss of data, be incomplete or contain inaccuracies. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT LICENSEE'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VENDOR AND ITS SUPPLIERS, AFFILIATES AND LICENSORS (COLLECTIVELY REFERRED TO AS "VENDOR" FOR THE PURPOSES OF SECTIONS 13, 14) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VENDOR DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR A VENDOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VENDOR 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 LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VENDOR 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 VENDOR's total liability to Licensee for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Indemnification

Licensee agrees to defend, indemnify and hold harmless Vendor, where applicable, against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency or liability (including, without limitation, attorneys' fees) imposed upon, incurred by or asserted against Vendor, where applicable, that result from or are alleged to result from:

  • a) Any failure on Licensee's part to read, understand and comply with this Agreement, or
  • b) Any acts, misrepresentations or omissions of Licensee in connection to this Agreement, or
  • c) Any warranty, condition, representation or indemnity granted by Licensee to a third party for the Software or Captcha Challenges covered by this Agreement.

16. Export Law Assurances

Licensee may not use, download or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported:

  • a) into (or to a national or resident of) any U.S. embargoed countries or
  • b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By downloading and/or use of the Software, Licensee represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.

17. U.S. Government End Users

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and computer Software clause at DFARS 252.277-7013, and paragraph (c)(1) and (2) of the commercial Computer Software - Restricted Rights clause at FAR 52,277-19. The Software is a "commercial item" 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. consistent with 48 C.F.R. 12.212 and C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein.

18. Controlling Law and Severability

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, shall not govern this Agreement.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

19. Complete agreement; Governing language

This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Vendor. Any translation of this Agreement (if any) 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 Agreement shall govern.