JCreator Pro User License Agreement

END-USER LICENSE AGREEMENT FOR JCREATOR NOTICE TO ALL USERS:CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT, FOR THE LICENSE OF SPECIFIED SOFTWARE BY XINOX SOFTWARE. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.

1. DEFINITIONS

(a) "the Software" means the JCreator software program supplied by Xinox Software herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
(b) "User" means an individual end-user of the Software, being either faculty, staff, or an enrolled student in the case of a university or full-time staff in the case of a public institution or industrial firm.
(c) "Licensee" is a User who has paid the license fee in full and who has been registered with Xinox Software.
(d) "Xinox Software" or "Company" means Xinox Software and its suppliers and licensors, if any.
(e) "Evaluation Period" means a version of the Software, so identified, to be used to review and evaluate the Software, only. See section 4.1 for more details.
(f) "Private/Academic Version" means a version of the Software, so identified, for private(home) use or use by students and faculty of educational institutions, only. Private/Academic Versions may not be used for, or distributed to any party for, any commercial purpose. See section 4.2 for more details.

2. GENERAL

This End-User License Agreement ("EULA") is a legal agreement between you and Xinox Software for the Xinox Software products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and always remains the property of Xinox Software.

Xinox Software will supply the Licensee with a single copy of the Software and Documents in electronic format, using a distribution mechanism decided on by Xinox Software. Xinox Software also will additionally supply the Licensee with a serial number and registration key. The Licensee agrees to restrict distribution of the registration key only to staff members with a need to know for purposes of configuring the Software or recording registration information for the usual business records of the Licensee, and will make all reasonable efforts to prevent duplication and any form of publication of the registration material.

If you have not paid the registration fee for the Software, you are hereby granted an evaluation license to use the Software as described in section 4.1.

3. LICENSE GRANT

Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Xinox Software hereby grants to you a non-exclusive, non-transferable right to use the Software and the accompanying documentation (the "Documentation"). Except as set forth below, you may only install one copy of the Software on one computer, workstation or other electronic device for which the Software was designed (each, a "Client Device"). If the Software is licensed as a suite or bundle with more than one specified Software product, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.

(a) Use. The Software is licensed as a single product; more than one user may not use it on more than one Client Device or at a time, except as set forth in this Section 3. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software's proprietary notices.
(b) Multiple Client Devices. A licensed user is also granted a license to install the Software on more than one Client Device, for the sole use of that user.
(c) Server-Mode. You may use the Software on a Client Device as a server ("Server") within a multi-user or networked environment, on a single physical site, ("Server-Mode") only if such use is permitted in the applicable price list or product packaging for the Software. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to, accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licenses you have obtained, and then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the Documentation's proprietary notices.
(d) Volume Licenses. If the Software is licensed with volume license terms specified in the applicable price list or product packaging for the Software, you may make, use and install as many additional copies of the Software on the number of Client Devices as the volume license authorizes. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentation's proprietary notices.
(e) Site Licenses. If the Software is licensed with site license terms, you may make, use and install unlimited copies of the Software within the organization site. This excludes Client Devices outside the organization, such as the home-computers of the students and staff members. This license authorizes you to make or download one copy of the Documentation for each copy authorized by the site license, provided that each such copy contains all of the Documentation's proprietary notices.

4. LICENSE RESTRICTIONS

(a) Sublicense, sell, assign, transfer, pledge, distribute, rent or remove any proprietary notices on the Software except as expressly permitted in this Agreement.
(b) Use, copy, adapt, disassemble, decompile, reverse engineer or modify the Software, in whole or in part, except as expressly permitted in this Agreement.
(c) Take any action designed to unlock or bypass any Company-implemented restrictions on usage, access to, or number of installations of the Software; or.
(d) Use the Software if you fail to pay any license fee due and the Company notifies you that your license is terminated.
(e) Disclose to third parties, or publish your registration details via electronic or other means.

IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO XINOX SOFTWARE.

4.1 RESTRICTED USE DURING EVALUATION PERIOD

You have a nonexclusive, nontransferable license to load and execute the unregistered copy of the Software for a period of thirty (30) days. (the "Evaluation Period"). The unregistered copy of the Software may be used for evaluation and testing purposes only and not for general commercial use. Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) for unlimited period. The unregistered copy of Software contains a feature that will automatically disable the Software in thirty (30) days. If you agree to this License Agreement and pay the license fee, Xinox Software will deactivate this feature. Xinox Software will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.

4.2 RESTRICTED USE PRIVATE/ACADEMIC LICENSE

Subject to the terms of this EULA, use the Software for non-commercial purposes only including conducting academic research or providing educational services. You certify that use is directly related to teaching, private non-commercial development or that use is strictly for non-commercial research by students or and faculty members, where the results of such research or development are not intended primarily for the benefit of a third party. (The private/academic version contains the same methodology as the Professional Edition; the only difference is the license.)

5. UPDATES

You are entitled to download revisions and upgrades (maintenance releases) to the Software as and when Xinox Software publishes it via its web site or through other online services. Xinox Software may charge an upgrade fee for new releases which contain significant enhancements.

6. DISTRIBUTION

You are hereby licensed to make as many copies of the installation package for The Software as you wish; give exact copies of the original installation package for The Software to anyone; and distribute the original installation package for The Software in its unmodified form via electronic or other means. The Software must be clearly identified as a freeware or shareware version where described. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing The Software including documentation with other products (commercial or otherwise) without prior written permission from Xinox Software. You are also prohibited from distributing components of The Software other than the complete original installation package.

7. OWNERSHIP

The foregoing license gives you limited license to use the Software. Xinox Software and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Xinox Software and its suppliers. All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Xinox Software. All title and intellectual property rights in and to the content which may be accessed through use of The Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Xinox Software.

8. WARRANTY AND DISCLAIMER

LIMITED WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XINOX SOFTWARE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.XINOX SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER.

9. LIMITATION OF LIABILITY

LIMITATIONS OF REMEDIES AND LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XINOX SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF XINOX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU

10. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Xinox Software and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that Xinox Software and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software in such applications.

11. TERMINATION

Without prejudice to any other rights, Xinox Software 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.

12. MISCELLANEOUS

This license is governed by Dutch Law and is subject to exclusive jurisdiction of the Dutch courts. This license constitutes the complete and exclusive statement of our agreement with you and supercedes all proposals, representations, understandings and prior agreements whether oral or written and all communications with you relating thereto.