linamh/licenses/xxe-perso

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XMLmind XML Editor Personal Edition License Agreement
Version 1.1
March 28, 2007
Important! Read the terms and conditions of this license agreement
(hereafter "Agreement") carefully before using XMLmind XML Editor
Personal Edition (hereafter "Software"). Use of the Software implies
acceptance of this Agreement, and legally binds you, as a natural
person (hereafter "Licensee"), and Pixware SARL (hereafter "Licensor"),
to the terms and conditions set forth below.
Grant of License
Subject to the terms and conditions of this Agreement, Licensor hereby
grants to Licensee a non-exclusive and non-transferable license to
install, use, customize and extend the Software for his personal
activities and, in some limited cases, for his professional activities.
Installation and use
The Software may be installed on any host machine belonging to
Licensee, as well as any host machine assigned to Licensee within an
organization.
Licensee may use the Software to create and modify documents that are
Licensee's sole property, i.e. documents whose intellectual property
rights are owned by Licensee. Licensee may not use the Software to
create or modify documents that are not Licensee's sole property,
except in the following conditions:
* Licensee may use the Software to create and modify documents in
relation to an Open Source software project as defined by the Open
Source Initiative ([1]http://www.opensource.org/ ).
Licensee may use the Software to create and modify documents
released by Licensee in the public domain or under a free license
similar to the Creative Commons licenses
([2]http://creativecommons.org/ ).
* Within a non-profit organization Licensee may use the Software to
create and modify documents that belong to this organization.
* Within an educational institution Licensee may use the Software as
a teaching tool within the framework of lectures given by Licensee.
* Licensee may use the Software for the purpose of evaluation of
XMLmind XML Editor, for a limited time period that shall not exceed
30 days.
Customization and extension
Licensee may customize the Software by means of configuration files,
and extend the Software by means of the public Application Programming
Interfaces.
Restrictions
The Software is copyrighted and title to all copies is retained by
Licensor. Licensee may not make copies of the Software, other than a
single copy for archival purposes. Licensee may, for its internal use
only, print copies of the documentation of the Software, in which event
all proprietary rights notices on the Software shall be reproduced and
applied. Except as stated in section 1, Licensee may not modify,
decompile, or otherwise reverse engineer the Software. Licensee may not
distribute the Software, or part of the Software, alone or bundled with
another product, without written permission from Licensor.
The Software is not designed or licensed for use in on-line control
equipment in hazardous environments such as operation of nuclear
facilities, aircraft navigation or control, or direct life support
machines.
The Software is confidential and proprietary information of Licensor.
Licensee agrees to protect the Software from unauthorized use or
disclosure.
Warranty Disclaimer
Licensor does not warrant that the Software will meet Licensee's
requirements or that the Software is error-free. Except as specified in
this Agreement, Licensor expressly disclaims all warranties, express or
implied, with respect to the Software, including, but not limited to,
warranties of merchantability, fitness for a particular purpose or
non-infringement.
Limitation of Liability
In no event shall Licensor be liable to Licensee or a third party for
any lost revenue, profit or data, or for any indirect, special or
consequential damages, however caused and regardless of theory of
liability, arising out of the use of or inability to use the Software,
even if Licensor has been advised of the possibility of such damages.
Termination
This license is effective from the date of first use of the Software by
Licensee and is perpetual unless terminated by Licensee's election or
by breach of this Agreement. Licensee may terminate this license at any
time by destroying all copies of the Software, including any
documentation. This license will terminate immediately without notice
from Licensor if Licensee fails to comply with any provision of this
Agreement. Upon termination, Licensee must destroy all copies of the
Software, including any documentation.
Entirety
This Agreement is the complete and exclusive statement of agreements
between Licensee and Licensor relating to the Software. It supersedes
all prior agreements and understandings, and prevails over any
conflicting or additional terms of any quote, order, acknowledgement,
or similar communication between the parties before or during the term
of this Agreement. It may be modified only in writing signed by both
parties.
This Agreement is made under, shall be governed by and construed in
accordance with the French law.
Verweise
1. http://www.opensource.org/
2. http://creativecommons.org/