Runebyte Software is willing to license XI library to you only upon the condition that you accept all the terms of this license.
This license defines and uses the following terms:
1.1. The Software — XI library source code, binary (machine-executable) code in electronic, printed or other form that can be distributed and/or used, accompanying documentation, graphical materials including diagrams, block-schemes, logos, graphic art, XI library sample code in electronic or printed form, batch scripts and configuration files, used to use and/or distribute XI library in parts or in whole.
1.2. Licensee — a company or individual who is given the right to use and/or distribute XI library according to this license.
1.3. Licenser — Runebyte Software in whole represented by Runebyte Software principal officer.
1.4. MiddleWare — software products which are developed by Licensee for use by third-parties (companies and individuals that are separate legal entities and not part of Licensee) for creation of third-party's software products and which are included as a part of third-party's software products. This includes, but is not limited by, Java classes, ActiveX objects, .NET asssemblies, Delphi components, Dynamic-Link Libraries, Shared Objects etc..
1.5. End-User Applications — software products that are not classified as MiddleWare.
2.1. This license is applied to use of The Software by any Licensee that has paid a fee as defined by Runebyte Software and agreed to the terms of this license.
2.2. This license defines terms and conditions for use of Software in Licensee's End-User Applications.
2.3. This license does not grant to the Licensee the right to use The Software in development of MiddleWare. Such use is defined by other licenses.
3.1. This license grants the Licensee non-exclusive, non-transferrable, royaltee-free right to install and use The Software in software development.
3.2. The Software is owned by Licenser and is protected by copyright law, international copyright treaties, as well as other proprietary notices.
3.3. The total number of installed copies of The Software used by Licensee may not exceed the number of Licensed Copies paid for by the Licensee. One Installed Copy is defined to be a group of computer files in electronic form used by single software developer on any number of computers.
3.4. Distribution of The Software source code is prohibited. Licensee has the right to create a copy of The Software for backup and security purposes.
3.5. Distribution of binary code of The Software is allowed when The Software is included into End-User Applications of the Licensee as a part of software package.
4.1. Rent, lease, sublicense or any other temporary transfer of rights given by this license is prohibited. Use of The Software by Licensee's subcontractors requires a separate license given to those subcontractors.
4.2. Transfer of the rights is allowed only after notifying the Licenser about such transfer and on a permanent basis provided that Licensee doesn't possess any copies of The Software received under terms of this license.
4.3. The license becomes effective the day the Licensee agrees to its terms and conditions.
4.4. The license terminates automatically if the Licenser fails to comply with the limitations described above.
4.5. The license can be terminated by Licensee at any time.
4.6. Upon termination of the license Licensee must destroy all copies of The Software received under terms of this license and all it's components on all systems and all types of media and in computer memory.
5.1. The Software is provided by Licenser 'As Is'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS ALL OTHER 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. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5.3. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.4. Recognizing the importance of The Software to The Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.
6.1. The Software must not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws") issued by the government of the USA or by UNO.
6.2. The Software must not be used in or exported to Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia and other countries identified as being under Embargo or to citizens of those countries.
7.1. If The Licensee is a business or organization, upon request from the Licenser the Licensee must provide information concerning compliance of use of The Software to the license.
7.2. All rights to use The Software are granted on condition that such rights are forfeited if the Licensee fails to comply with the terms of this license.
8.1. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the license, which shall remain valid and enforceable according to its terms.
8.2. The license shall not prejudice the statutory rights of any party dealing as a consumer.
8.3. The license may only be modified by a writing signed by an Runebyte Software principal officer.
8.4. Updates may be licensed to the Licensee by the Licenser with additional or different terms.
8.5. This is the entire agreement between Licenser and Licensee relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.
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