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1 | | -XCEED SOFTWARE, INC. |
| 1 | +XCEED SOFTWARE, INC. |
2 | 2 |
|
3 | | -COMMUNITY LICENSE AGREEMENT |
4 | | -(for non-commercial use) |
| 3 | +COMMUNITY LICENSE AGREEMENT (for non-commercial use) |
5 | 4 |
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6 | | -This “Agreement” is a legal agreement between you, a software developer (“Licensee”) and Xceed Software, Inc. (“Xceed”). |
7 | | -You, the Licensee, wish to use Xceed’s product “Xceed Extended WPF Toolkit™” (the “Software”), an Xceed product, for use |
8 | | -in a non-commercial application or system or program. “Non-Commercial use” means not primarily intended for commercial |
9 | | -advantages or for monetary compensation or any other type of compensation. |
10 | | -Xceed agrees to license its products to developers like you as along as all terms & conditions set forth herein are |
11 | | -respected. Xceed Software is provided under a license; it is not “sold” in any manner. |
12 | | -By installing, copying or otherwise using the Software, you confirm your agreement to the terms and conditions expressed |
13 | | -in this Agreement. If you do not agree, you are not authorized to use our Software. If you are not a software developer, |
14 | | -you are not authorized to use our Software. |
| 5 | +This Community License Agreement (the “Agreement”) is a legal agreement between |
| 6 | +you (“Licensee”) and Xceed Software, Inc. (“Xceed”). Licensee wishes to use the “Xceed |
| 7 | +Extended WPF Toolkit™” (the “Software”), an Xceed product, for “Non-Commercial Use”. |
| 8 | +Such use of the Software means that it is not primarily intended for commercial |
| 9 | +advantages or for monetary compensation or any other type of compensation, including |
| 10 | +donations. Xceed agrees to license its products to developers like you as along as all |
| 11 | +terms & conditions set forth herein are respected. The Software is provided under a |
| 12 | +license; it is not “sold” in any manner. By installing, copying or otherwise using the |
| 13 | +Software, you confirm your agreement to the terms and conditions expressed in this |
| 14 | +Agreement. If you do not agree, you are not authorized to use our Software. |
15 | 15 |
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16 | | -GENERAL |
| 16 | +GENERAL |
17 | 17 |
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18 | | -This license is perpetual (or until revoked by Xceed), provided that: |
| 18 | +Subject to compliance with the conditions set out below, Xceed grants to Licensee a |
| 19 | +non-exclusive and perpetual right (unless/until revoked by Xceed at its discretion) to |
| 20 | +install and use the Software for designing, building, testing and/or |
| 21 | +deploying/distributing (to less than 10 users or end-users) an application, system or |
| 22 | +program for Non-Commercial Use only. Would Licensee need to use the Software for |
| 23 | +any purpose that is not strictly Non-Commercial Use, or if the Software is to be |
| 24 | +deployed or distributed to more than 10 users/end-users – even in a Non-Commercial |
| 25 | +Use, Licensee must acquire a Commercial License (with a paid subscription). |
19 | 26 |
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20 | | --All License Agreement terms & conditions are strictly followed by the Licensee; |
| 27 | +The license granted under this Agreement is conditional on Licensee complying at all |
| 28 | +times with the following conditions: |
21 | 29 |
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22 | | --Xceed Software is used for non-commercial purposes only (no re-selling, licensing or sub-licensing or any other rights |
23 | | -of use); |
| 30 | +-All of the Agreement’s terms & conditions are strictly complied with by the Licensee; |
24 | 31 |
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25 | | --Xceed’s name and logo must appear clearly in the resulting work with an Xceed Copyright notice; the name and notice |
26 | | -must be visible, not be hidden. |
| 32 | +-The Software is used for Non-Commercial Use only; |
27 | 33 |
|
28 | | -Pursuant to these conditions, Xceed grants to Licensee a non-exclusive right to install and use the Software for |
29 | | -designing, building, testing and/or deploying an application or system or program for non-commercial purposes only, |
30 | | -without the need to acquire a subscription. Would Licensee need to use the Software in any commercial way or purpose, |
31 | | -Licensee must acquire a Commercial License (with a paid subscription). |
| 34 | +-The Software cannot be resold, licensed, sublicensed or distributed by Licensee in any |
| 35 | +manner other than as specified above; |
32 | 36 |
|
33 | | -Licensee is not authorized to: |
| 37 | +-Xceed’s name and logo must appear clearly in the resulting work with an Xceed |
| 38 | +Copyright notice; the name and notice must be visible, not be hidden; |
34 | 39 |
|
35 | | --sell or license/sub-license/lease the resulting work to anyone nor charge any amounts of money or exchange services |
36 | | -for the said resulting work; |
| 40 | +-Licensee is not authorized to “deploy” the Software for/in any commercial environment; |
37 | 41 |
|
38 | | --“deploy” the Software for/in a commercial environment; |
| 42 | +-Licensee commits not to create a competitive software product based on the Software; |
39 | 43 |
|
40 | | --create a competitive software product based on Xceed Software; |
| 44 | +-Licensee is not authorized to sell or license/sub-license/lease the resulting work to |
| 45 | +anyone nor charge any amounts of money or accept donations or exchange services for |
| 46 | +the said resulting work. |
41 | 47 |
|
| 48 | +SUPPORT |
42 | 49 |
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43 | | -SUPPORT |
44 | | - |
45 | | -Support is not included in Community Licenses. The Software is provided on an “as is” basis only. Licensee can send |
46 | | -requests to Xceed’s technical support team only if a commercial license has been obtained. Bugs may be corrected at |
47 | | -Xceed’s discretion. |
| 50 | +Support is not included in Community Licenses. The Software is provided on an “as is” |
| 51 | +basis only. Licensee can send requests to Xceed’s technical support team only if a |
| 52 | +commercial license has been obtained. Bugs may be corrected at Xceed’s discretion. |
48 | 53 |
|
49 | 54 | WARRANTY |
50 | 55 |
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51 | | -Xceed clearly states that this Community License includes no warranty of any type. Xceed products are provided |
52 | | -on an “as is” basis. In no case shall Xceed be responsible or liable for any direct or indirect, or consequential |
53 | | -damages whatsoever (including, without limitation, any damages for loss of revenues, of business profits, business |
54 | | -interruption, or loss of business information, or any other type of loss or damages) arising out of the use of the |
55 | | -Software even if Xceed may have been advised of such potential damages or loss. |
56 | | - |
57 | | -OTHER |
58 | | - |
59 | | -Xceed does not allow Community Licensees to publish results from benchmarks or performance comparison tests (with |
60 | | -other products) without advance permission by Xceed. Licensee is not authorized to use Xceed’s name, tradenames |
61 | | -and trademarks without Xceed’s written permission (other than the Copyright notice stated above in the “General” |
62 | | -section). |
63 | | - |
64 | | -GOVERNING LAW |
65 | | - |
66 | | -This Agreement shall be governed by the laws of the Province of Quebec (Canada). Any claim, dispute or problem |
67 | | -arising out of this Agreement shall be deemed non-receivable or may be settled or disposed of at Xceed’s discretion. |
68 | | -Xceed reserves the right to settle any action before an arbitration board in Quebec as per generally accepted, |
69 | | -international rules of arbitration prevailing in Quebec. |
70 | | - |
| 56 | +Xceed clearly states that this Community License includes no warranty of any type. |
| 57 | +Xceed products are provided on an “as is” basis. In no case shall Xceed be responsible or |
| 58 | +liable for any direct or indirect, or consequential damages whatsoever (including, |
| 59 | +without limitation, any damages for loss of revenues, of business profits, business |
| 60 | +interruption, or loss of business information, or any other type of loss or damages) |
| 61 | +arising out of the use of the Software even if Xceed may have been advised of such |
| 62 | +potential damages or loss. |
| 63 | + |
| 64 | +OTHER |
| 65 | + |
| 66 | +Xceed does not allow Community Licensees to publish results from benchmarks or |
| 67 | +performance comparison tests (with other products) without advance permission by |
| 68 | +Xceed. Licensee is not authorized to use Xceed’s name, tradenames and trademarks |
| 69 | +without Xceed’s written permission (other than the Copyright notice stated above in the |
| 70 | +“General” section). |
| 71 | + |
| 72 | +GOVERNING LAW |
| 73 | + |
| 74 | +This Agreement shall be governed by the laws of the Province of Quebec (Canada). Any |
| 75 | +claim, dispute or problem arising out of this Agreement shall be deemed non-receivable |
| 76 | +or may be settled or disposed of at Xceed’s discretion. Xceed reserves the right to settle |
| 77 | +any action before an arbitration board in Quebec as per generally accepted, |
| 78 | +international rules of arbitration prevailing in Quebec. |
71 | 79 | Xceed reserves the right to modify this Agreement at all times without notice. |
72 | 80 |
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73 | | -© Copyright: Xceed Software, Inc. - 2020. All rights reserved. |
74 | | - |
| 81 | +© Copyright: Xceed Software, Inc. - 2020. All rights reserved. |
75 | 82 |
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