XtraBuild Designer 1.6.2

EULA - End User License Agreement

XtraBuild Designer for Windows
Copyright 2016 XtraBuild Development. All Right Reserved

"XtraBuild Designer" is a trademark of XtraBuild Development.
READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE.

XTRABUILD DESIGNER, FURTHER REFERRED TO AS THE SOFTWARE, IS NOT A PUBLIC DOMAIN PROGRAM. IT IS COPYRIGHTED BY XTRABUILD DEVELOPMENT, FURTHER REFERRED TO AS THE AUTHOR. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY EUROPEAN COPYRIGHT LAW AND ALSO BY INTERNATIONAL TREATY PROVISIONS.

BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE.
GRANT OF LICENSE

THE SOFTWARE is licensed, not sold.

Subject to all the terms and conditions of this EULA, The author grants to you a non-exclusive, non-transferable license to install and use the software included in this distribution as authorized below:

1. THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE
You may install one copy of the software for evaluation purposes only, for a period of 30 calendar days from the date of installation ("Evaluation Period"). If you want to further use the software, upon expiration of the Evaluation Period, you have to purchase a lifetime license or an annual subscription, otherwise the software must be uninstalled and all copies destroyed.

The projects created using the software under the terms of the THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE expires together with the trial license. These expired projects can be unlocked only using a commercial license of XtraBuild Designer.

You MAY NOT DISTRIBUTE PROJECTS using the software under the terms of the THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE.

2. LICENSE AFTER TRIAL PERIOD
The Software is licensed, not sold. During the Trial Period, You have the option of paying a license fee in order to use the Software after the expiration of the Trial Period. Upon your payment of the license fee, XtraBuild Development provides you with a permanent "License key" and grants you a limited, non-exclusive, non-transferable license to:

a) use the Software for an unlimited period of time. Once purchased, the license never expires and it can be used without any additional charge.
b) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.
c) copy the Software in machine-readable form solely for archival and backup purposes.

3. MAINTENANCE PLAN
"Maintenance Plan" is a time-limited right to technical support and Software updates. Technical support only covers issues or questions resulting directly out of the operation of the Software. XtraBuild Development will not provide you with generic consultation, assistance, or advice under any other circumstances.

At any time prior to the expiration of your Maintenance Plan and 14 days after, you may purchase an extension to the current Maintenance Plan. This additional Maintenance Plan will extend the availability of your current Maintenance Plan for a period of time beginning with the date when your Maintenance Plan expires.

For a limited time after the expiration of your Maintenance Plan, you may purchase a renewal of your Maintenance Plan. This will provide you with a new Maintenance Plan that will begin at the date the renewal is purchased.
If you do not purchase any additional Maintenance Plan, you will still have the right to use the existing Software but you will lose the right to technical support and Software updates as of the date your current Maintenance Plan expires.

For customers that purchase or already own multiple licenses, a Maintenance Plan must be purchased for each license.

Technical support is provided via electronic mail at the address specified on the web site. XtraBuild Development will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request. Please check our website to find our latest contact information.
OWNERSHIP
Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the author.

YOU HAVE NO OWNERSHIP RIGHTS OF THE SOFTWARE; THE SOFTWARE IS LICENSED, NOT SOLD. RATHER, YOU HAVE A LICENSE TO USE THE SOFTWARE AS LONG AS THIS LICENSE AGREEMENT REMAINS IN FULL FORCE AND EFFECT.

COPYRIGHT
The Software itself and the contained materials, including demo projects or demo databases, are protected by European Union Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by the author.
You may not remove any proprietary notice of the author from any copy of the software or Documentation.

RESTRICTIONS
You shall undertake any necessary steps to protect the License Key against unauthorized use.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the software, nor shall you attempt to create the source code from the object code for the software. You may not transmit the software over any network or between any devices, although you may use the software to make such transmissions of other materials. You may transfer the software to other computers you own as long as you only use it on one computer at a time.

All text and graphic images retrieved by the software via the internet is licensed to you for personal, non-commercial use only. You must not use any Downloaded Data for any commercial purpose, or aggregate it with any other data in a database. Prohibited use includes, but is not limited to, using Downloaded Data in a website that aims to earn revenues from its visitors in any way, including selling products or site advertising.
The software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.

CONFIDENTIALITY
You acknowledge that any license key that you have purchased or will purchase will be kept confidential by you and will not be published in any way. Publication of your license key immediately terminates this License Agreement, and gives the author the right to invalidate the license key without refunding your purchase.

SOFTWARE REFUND POLICY
We encourage you to try the software prior to making your purchase to ensure that it meets your requirements.

YOU CAN REQUEST A REFUND BY WRITING TO SALES@XTRABUILD.COM WITHIN 30 DAYS OF YOUR PURCHASE.

LIMITED WARRANTY
The author guarantees that the software will substantially perform according to the specifications and descriptions set forth in the online documentation provided however that such limited warranty shall not apply to the following: Your Computers deficiencies and related infringement for which the author expressly disclaims any warranty responsibility; malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than the author; or any other third parties or Your actions or causes beyond the author reasonable control; any defect not made known by You to the author as soon as practical after the defect first appears; and incompatibility caused by hardware and/or software components installed on Your Computer.

This limited warranty is the only warranty provided by the author regarding the software, except for the limited warranty above, the software is provided "as is." to the maximum extent permitted by law, the author disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The author does not warrant that the functions contained in the software will meet any requirements or needs you may have, or that the software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.

You acknowledge, accept and agree that no software is error-free and you are advised to back up the Computer with the frequency and reliability suitable for you. The author does not provide any guarantee that the software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.

XtraBuild Development reserves the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

THE SOFTWARE AND THE DEMO PROJECT ARE PROVIDED "AS IS" AND THE AUTHORMAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE AUTHOR AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE AUTHOR MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE AUTHOR.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE AUTHOR OR ANY OF ITS PARTNERS, EVEN IF THE AUTHOR OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT IN THE EVENT THE AUTHOR AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE AUTHOR AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE AUTHOR AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE AUTHOR OR THE PARTNER (AS MAY BE APPLICABLE).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

FOR SOFTWARE COMPONENT PRODUCTS THAT EMULATE THE LOOK FEEL AND CAPABILITIES OF THE MICROSOFT(R) OFFICE(R) 2007 and 2010 UI.
No rights are provided to Developer End User to the Microsoft(r) Office(r) 2007 and 2010 UI under this XtraBuild Development License Agreement. To learn more about licensing requirements for the Microsoft(r) Office(r) 2007 and 2010 UI, you must contact Microsoft Corporation directly. Information related to Microsoft's licensing requirements for the Office(r) 2007 and 2010 UI can be found at: http://msdn.microsoft.com/officeui.
INTELLECTUAL PROPERTY OWNERSHIP
You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the software are proprietary intellectual property and/or the valuable trade secrets of the author or its partners and that the author and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark of Romania, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the author and/or its partners ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the software in accordance with accepted trademark practice, including identification of the Trademark owners name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The author and/or its partners own and retain all right, title, and interest in and to the software, including without limitation any error corrections, enhancements, Updates or other modifications to the software, whether made by the author or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the software does not transfer to you any title to the intellectual property in the software, and you will not acquire any rights to the software except as expressly set forth in this Agreement. All copies of the software made hereunder must contain the same proprietary notices that appear on and in the software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. The author reserves all rights not expressly granted to you in this Agreement.

You agree not to modify or alter the software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the software.

TERMINATION
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to the author all copies of the software, Downloaded Data and Documentation in your possession or under your control. The author may terminate this License Agreement for any reason, including, but not limited to, if the author finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to the author all copies of the software and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, downloaded data, submitted data and non-disclosure shall survive the termination of this Software License Agreement.

GENERAL
This License Agreement shall be construed, interpreted and governed by the laws of the European Union without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Bucharest, Romania. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.

If You acquired this Software Product in the European Union, this EULA is governed by the laws of Romania. If this Software Product was acquired outside the European Union, then local law may apply.

This EULA may only be modified in writing signed by you and an authorized officer of the author. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
XtraBuild Development reserves all rights not specifically granted in this EULA.

ACKNOWLEDGEMENTS
End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

THE AUTHOR CONTACT INFORMATION
Should you have any questions concerning this EULA, or if you desire to contact the author for any reason, please contact us by mail: XtraBuild Development, Botizului str. 32, 440110 Satu Mare, Romania.

All trademarks and registered trademarks are property of their respective owners.