XHTMLSuite
END USER LICENSE AGREEMENT
Copyright © 2004-2007 by XHTMLSuite.com - Bernhard Pfeifer
Software License Agreement for XHTMLSuite
("XHTMLSuite" resp. "SOFTWARE")
IMPORTANT - PLEASE READ CAREFULLY: BY ACCEPTING THIS LICENSE, YOU (EITHER ON
BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT
("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE
WITH ALL OF THE TERMS OF THIS AGREEMENT DO NOT PURCHASE, INSTALL, COPY OR
OTHERWISE USE THE SOFTWARE. IN THIS AGREEMENT "YOU" INCLUDES BOTH THE
READER AND ANY CORPORATE LICENSEE.
1. COPYRIGHT
XHTMLSuite (including this license) is a copyrighted work of
XHTMLSuite.com protected by the copyright laws of Germany and international
treaties. The software is licensed for use, not sold.
2. GRANT OF LICENSE
Subject to the terms below, XHTMLSuite.com hereby grants you a non-exclusive,
non-transferable license to install and to use this Software.
You may:
(I) install and use the Software for your use on the number of domains or
servers for which you have paid license fees
(II) copy the Software for back-up or archival purposes.
Whether you are licensing the Software as an individual or on behalf of an
entity, you may not:
(I) reverse engineer, decompile, or disassemble the Software
(II) modify, or create derivative works based upon the Software in whole or
in part
(III) publically distribute copies of the Software without prior permission
(IV) remove any proprietary notices or labels on the Software
(V) resell, lease, rent, transfer, sublicense, or otherwise transfer rights
to the Software without prior written permission.
(VI) distribute the Software as part of an Open Source Project or under any
other General Public Licensing Scheme.
3. SUPPORT
Payment of the licence fee under this Agreement entitles you to ask questions
about the use and operation of the Software by asking such questions in the
appropriate forums on xhtmlsuite.com. Nothing in this clause obliges
XHTMLSuite.com to provide support and maintenance services in respect of the
Software.
4. TITLE
You acknowledge that no title to the intellectual property in the Software is
transferred to you.
Title, ownership, rights, and intellectual property rights in and to the
Software (including this license) shall remain in XHTMLSuite.com.
The Software is protected by copyright laws of Germany and international
treaties.
5. DISCLAIMER OF WARRANTY
YOU AGREE THAT XHTMLSuite.com HAS MADE NO EXPRESS WARRANTIES, ORAL OR
WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. XHTMLSuite.com
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
XHTMLSuite.com CANNOT BE HELD RESPONSIBLE AND ACCEPTS NO LIABILITY FOR ANY
FAILURE IN TRANSMISSION BY YOU AND WHERE FOR WHATEVER REASON YOUR TRANSMISSION
IS CORRUPTED FAILS TO ARRIVE OR ARRIVES AFTER AN UNDUE DELAY OR IS RECEIVED IN
AN UNINTELLIGIBLE FORM.
XHTMLSuite.com FURTHERMORE DISCLAIMS ANY WARRANTY IN REFERENCE TO
CONDITIONS NECESSARY FOR THE OPERATION OF THE SOFTWARE, LIKE TEMPLATES -
HERE IN PARTICULAR THE USE OF JAVASCRIPT PROGRAMS - AND/OR SERVER SETTINGS
AND/OR CONFIGURATIONS - HERE IN PARTICULAR ACTIVATED OPEN BASE DIR AND/OR PHP
SAFE MODE SETTINGS AND COMPATIBILITY TO 3RD PARTY SOFTWARE.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL XHTMLSuite.com BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE FROM BERNHARD
PFEIFER, EVEN IF XHTMLSuite.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL XHTMLSuite.com'S LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU, YOU
AGREE XHTMLSuite.com SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS
LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY
LAW.
7. TERMINATION
This Agreement shall terminate automatically if you fail to comply with the
limitations described in this Agreement. No notice shall be required from
XHTMLSuite.com to effect such termination. Upon termination, you must
uninstall and destroy all copies of the software and all of its component parts
and supporting materials. You may terminate it at any time by uninstalling the
software and destroying any copies and all of its component parts and
supporting materials in any form.
8. MISCELLANEOUS
Severability:
This Agreement is subject to german laws, excluding CSIG.
In the event of invalidity of any provision of this Agreement, the parties
agree that such invalidity shall not affect the validity of the remaining
portions of this Agreement.
Entire Agreement:
You agree that this is the entire agreement between you and XHTMLSuite.com,
which supersedes any prior agreement, whether written or oral, and all other
communications between XHTMLSuite.com and you relating to the subject matter
of this Agreement.
Reservation of rights:
All rights not expressly granted in this Agreement are reserved by
XHTMLSuite.com.