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End-User License Agreement:
Please review the following license agreement before installing or using the
licensed Xepient Solutions software product and/or its related materials.
Definitions: This Xepient Solutions, S.L. End-User Software License Agreement
("EULA") is a legal agreement between you (either as an individual user,
corporation or single entity) and Xepient Solutions, S.L. ("Xepient Solutions")
for a product which includes computer software, and may include associated
media, printed materials, and online or electronic documentation ("SOFTWARE
PRODUCT" or "SOFTWARE"). By exercising your rights to install the SOFTWARE
PRODUCT, you agree to be bound by the terms of this EULA, including the
limitations and warranty disclaimers.
If you do NOT agree to the terms of this EULA, please return the SOFTWARE
PRODUCT and immediately destroy all copies of the SOFTWARE PRODUCT in your
possession.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale.
Xepient Solutions retains ownership of the copy of THE SOFTWARE in your
possession, and all copies you may be licensed to make. Xepient Solutions
retains all rights not expressly granted to you in this LICENSE. Xepient
Solutions hereby grants to you, and you accept, a non-exclusive,
non-transferable license to use, copy and modify THE SOFTWARE only as
authorized below.
Provided that you have accepted the terms contained herein, this EULA grants
you the following rights:
a) If you purchased a Single Domain License: You are granted a license
to install the SOFTWARE PRODUCT on a single production web server, and use it
for a single installation (instance) of your domain name. You are also
permitted to use the same license for local testing by referencing the test
site with "localhost" or "127.0.0.1".
Domain License Source Code: If you purchased a Domain License with the Source
Code for the SOFTWARE PRODUCT, you are further licensed to view the source code
of the SOFTWARE PRODUCT and modify it for use as described above. Under no
circumstances may the source code or products developed by using the source
code be re-distributed in any form.
You are required to ensure that the SOFTWARE PRODUCT is not distributed in any
form that allows it to be reused by any application other than that with which
you distribute it. For example, if you install an ASP.NET control along with a
packaged application on a customer's server, that customer is not permitted to
use the control independent of your application.
b) Regardless of the type of license purchased, if the SOFTWARE PRODUCT
includes reusable software such as controls, components, plug-ins, stylesheets,
etc. you may not use any of these independently of the SOFTWARE PRODUCT.
In no case shall you rent, lease, lend, redistribute nor re-license THE
SOFTWARE PRODUCT or source code to a 3rd party individual or entity, except as
outlined above. In no case shall you grant further redistribution rights for
THE SOFTWARE PRODUCT to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination. Without prejudice to any other rights, Xepient Solutions may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and
all of its component parts, source code, associated documentation, and related
materials.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images,photographs, animations, video, audio, music, text, and
"applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT are owned by Xepient
Solutions except for certain portions for which Xepient Solutions has obtained
redistribution rights from the title or copyright holder. The SOFTWARE PRODUCT
is protected by U.S. copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
material.
4. LIMITED WARRANTY.
NO WARRANTIES. Xepient Solutions expressly disclaims any warranty for the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is
provided "as is" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. The entire risk arising
out of use or performance of the SOFTWARE PRODUCT remains with you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Xepient Solutions or
its distributors be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss
of business information, or any other financial loss) arising out of the use of
or inability to use this Xepient Solutions product (THE SOFTWARE PRODUCT) and
related materials, even if Xepient Solutions has been advised of the
possibility of such damages. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
If you have any questions regarding this End User License Agreement, please
email:
info@xepient.com
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