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END-USER LICENSE AGREEMENT - Free Home Edition
IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") for the software you are installing ("Software") is a legal agreement between you ("Licensee") (either an individual or a single entity) and XToMe ("Licensor"). By installing, copying, or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this Agreement, you are not permitted to use or copy the Software.
The Software, its documentation, and other related files ("Licensed Materials") are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Licensed Materials are licensed, not sold. Your license confers no title or ownership in the Licensed Materials. The Licensor owns the Licensed Materials and has complete authority for licensing it to the Licensee.
1. GRANT OF LICENSE. This EULA grants the Licensee the nonexclusive, royalty-free, perpetual right to use a single copy of the Licensed Materials on a single computer.
2. NOT MALWARE. The Software is not itself, nor does it contain, malware. The term "malware" includes viruses, trojans, worms, adware, or any other type of malicious software. If the Software is found to contain malware, the Licensee is entitled to a full refund.
3. RESTRICTIONS. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Licensee may not disassemble, decompile, or otherwise reverse engineer the Software. Licensee may not rent, lease, or lend the Software. The Licensed Materials are licensed to Licensee as a single product. Its component parts may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the Licensed Materials and any copies thereof are owned by Licensor.
5. CREATED FILES. Any files created by the Software ("Created Files") are freely distributable and royalty-free. It is prohibited to modify, disassemble, decompile, or otherwise reverse engineer Created Files outside of the Software, or give another permission to do so. Licensee must maintain all copyright notices on all Created Files.
6. TERMINATION. Licensee's rights under this EULA terminate if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Licensed Materials and Created Files.
7. NO WARRANTY. Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Licensor and its suppliers, sponsors, and advertisers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
Intelligent caution dictates that any program be thoroughly tested with noncritical data before relying on it. The user assumes the entire risk of using the program. Any liability of the Licensor will be limited exclusively to product replacement or refund of purchase price.
The Software is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which failure of the Software could lead directly to death, personal injury, environmental damage, or financial loss.
9. DISTRIBUTION. Licensee is permitted to make personal backup copies of the Licensed Materials as desired. Licensee may distribute the Licensed Materials to third parties without prior written permission from Licensor.
10. INDEMNIFICATION BY LICENSEE. If Licensee distributes the Licensed Materials in violation of this Agreement, Licensee agrees to indemnify, hold harmless and defend Licensor from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Licensed Materials in violation of this EULA.
11. GOVERNING LAW. This EULA is governed by the laws of the Netherlands.
12. NO SUPPORT OBLIGATION. Licensor is not obligated to provide technical support or furnish any additional information for the Licensed Materials.
13. NO UPGRADE OBLIGATION. Licensor is not obligated to improve, upgrade, update, or fix problems in the Licensed Materials.
14. FREEWARE VERSION. This is free software. Subject to the terms of this EULA, Licensee is hereby permitted to use the Software without charge.
15. NEFARIOUS ACTIVITIES. The Licensor may revoke the Licensee's license to use the Licensed Materials if it is discovered that the Licensee is involved, directly or indirectly, in any illegal or nefarious activities. Deciding what constitutes nefarious activities is solely at the discretion of the Licensor. This includes, but is not limited to:
- Racial prejudice
- Religious prejudice
- Hatred in any form
- Sending Unsolicited Commercial Email (spam)
In such event, Licensee must destroy all copies of the Licensed Materials and Created Files. The Licensor is under no obligation to issue a refund on revoked licenses. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the inability to use the Licensed Materials once a license has been revoked.
Licensee hereby acknowledges that they have read and understand the foregoing End-User License Agreement and agree that the action of installing the Software is an acknowledgment of Licensee's agreement to be bound by the terms and conditions of the Agreement contained herein. Licensee also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Licensor and Licensee, and that the EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Licensor and Licensee.