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XENONSOFT PUBLIC END USER LICENSE AGREEMENT 1.00

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Jun 19th, 2012
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  1. ---------------------------------------------------------------------------
  2. XENONSOFT PUBLIC END USER LICENSE AGREEMENT 1.00
  3. ---------------------------------------------------------------------------
  4.  
  5. Copyright (C) 1999 Xenonsoft
  6.  
  7.  
  8. THE TERMS AND CONDITIONS
  9. =========================
  10.  
  11.  
  12. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE
  13. CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
  14. AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
  15. CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT
  16. INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO
  17. THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE
  18. YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY"
  19. END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN
  20. THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE
  21. SOFTWARE.
  22.  
  23.  
  24. XENONSOFT PUBLIC SOFTWARE END USER LICENSE `XPeL' AGREEMENT
  25. REDISTRIBUTION OF THE SOFTWARE IS PERMITTED AS LONG AS
  26. THE CONTENTS OF THE "ORIGINAL" DISTRIBUTION AND
  27. THIS ORIGINAL LICENSE ARE SUPPLIED.
  28.  
  29.  
  30. This Agreement sets forth the terms and conditions of your use of the
  31. accompanying Xenonsoft client software product(s) (the "Software"). Any
  32. third party software that is provided with the Software with such third
  33. party's license agreement (in either electronic or printed form) is
  34. included for use at your option. If you choose to use such software, then
  35. such use shall be governed by such third party's license and not by this
  36. Agreement.
  37.  
  38.  
  39. THIS AGREEMENTS COVERS OPEN SOURCE SOFTWARE ONLY
  40.  
  41. DEFINITIONS
  42.  
  43. ``Nominee'' means you, group, cooporation or other legal entity considering
  44. accepting these terms are as if and when.
  45.  
  46. ``Distribution'' means any form of data transfer accepted by the software
  47. development community that results in the software having being replicated.
  48.  
  49. ``Binaries'' and ``Executable'' means software machine code in any other
  50. form other than Source code.
  51.  
  52. ``Source code'' constitutes the human readable form of the program or
  53. programs that are compiled or interpreted into machine code.
  54.  
  55. ``Programs'' is the synonym interchange with binaries or executables.
  56.  
  57. ``The Software'' constitutes the contents, whether whole or parts, of the
  58. verbatim distribution. It is include binaries (or executable) and source
  59. code (if supplied).
  60.  
  61. ``License'' means this document.
  62.  
  63. ``Licensor'' means the supplier of the software inclusive of binaries and
  64. source codes. In this case the licensor is Xenonsoft.
  65.  
  66. ``Licensee'' means an inviviual, or group, or otherwise legal entity
  67. possessing the rights, and complying all with the terms and conditions of,
  68. this License or a future License. It is too be noted that ``licensee'' and
  69. ``You'' are interchangeable in this document, especially where ``You''
  70. being the Licensee possesses the means, and the power thereof, to exercise
  71. a degree ``control'' synonymous with power, whether direct or indirect, or
  72. through gross percentage of stocks or shares in the management of a legal
  73. entity.
  74.  
  75.  
  76.  
  77. This license applies to any software containing a notice, placed by the
  78. copyright holder, explicitly stating that it can be distributed under the
  79. terms of the Xenonsoft Public End User License Agreement 1.00. Such
  80. software is hereby referred as the software. The license is appropriate to
  81. people wishing to write applications available "as free software", under
  82. the Open Source model, where all (or a highly substantial part) of the
  83. source code is available to all users and can be freely modified and
  84. redistributed.
  85.  
  86.  
  87.  
  88. 1. GRANTS. You are granted the rights under this agreement, provided you
  89. agree to any and all conditions of this license. If you accepts this
  90. agreement whenever you distribute the Software, or constituent software
  91. items that link with the Software.
  92.  
  93. 2. COPYING. You may copy and distribute verbatim copies of the program's
  94. source code as you receive it, in any medium, provided that you also
  95. conspiciously and appropriately pulish on each copy an appropriate
  96. copyright notice and disclaimer of warranty; keep intacts all of the
  97. notices that refer to this License and to the absence of any warranty; and
  98. give any other recipients of the Software a copy of this License along with
  99. the Software. Moreover, you may copy and distribute the package provided
  100. the entire package is distributed, with license notices.
  101.  
  102. You may charge a fee for the physical act of transferring a copy, and you
  103. may at your option offer warranty protection in exchange for a fee.
  104.  
  105.  
  106. 3. MODIFICATIONS. You may make modifications to your copy of the software,
  107. or any portion of it, thus forming a work based on the Software, and copy
  108. and distribute such modifications or work under the section 2 above,
  109. provided you meet all of these requirements:
  110.  
  111. a) You must not alter or remove any copyright notices in the programs.
  112.  
  113. b) You must cause the modified files to carry prominent noices and the
  114. date of any change.
  115.  
  116. c) You must acknowledge that there is a non-exclusive right granted to
  117. the initial developer of the Software to distribute your modification
  118. in future versions of the Software provided such new versions remain
  119. available under these terms in addition to any other license(s).
  120.  
  121.  
  122. 4. MACHINE CODE. Moreover, you may distribute machine-executable forms of
  123. the Software or machine-executable forms of modified versions of the
  124. Software provided that you meet all of these requirements.
  125.  
  126. a) You must include this license agreement document in the
  127. distribution.
  128.  
  129. b) You must duly ensure that all the recipients of the
  130. machine-executable forms are also able to receive the complete
  131. machine-readable source code to the distributed software, including all
  132. or any modifications, without any charge beyond the cost of data
  133. transfer customarily used for software interchange.
  134.  
  135. c) You must place prominent notices that the machine-readable source
  136. code is available.
  137.  
  138. d) You can, however, distribute the machine-executable code on its own
  139. without the machine-readable source code, but you must explicitly
  140. provide information to offer to supply, distribute or deliver the
  141. machine-readable source code.
  142.  
  143.  
  144. 5. REDISTRIBUTION. You are not required to accept this License, since you
  145. have not signed it. However, nothing else grants you permission to modify
  146. or distribute the Program or its derivative works. These actions are
  147. prohibited by law if you do not accept this License. Therefore, by
  148. distributing the software you indicate your acceptance of this License to
  149. do so, and all its terms and conditions for copying, distributing or
  150. modifying the Program or works based on it.
  151.  
  152. Each time you redistribute the Program the recipient automatically receives
  153. a license from the original licensor to copy or distribute. You may not
  154. impose any further restrictions on the recipients' exercise of the rights
  155. granted herein. You are not responsible for enforcing compliance by third
  156. parties to this License.
  157.  
  158.  
  159. 6. COMPILATION. You may use the original Software, or any derivative
  160. version of software to compile, link and run application programs or
  161. applets legally by you or any other.
  162.  
  163.  
  164. 7. DEPLOYMENT. You may develop application programs, reusable software
  165. components, libraries, and other derivative software items that link
  166. with the original or modified versions of the Software. The new software
  167. that is created, when being deployed or distributed must meet the following
  168. conditions:
  169.  
  170. a) You must duly ensure that the new software and its entire
  171. machine-readable source code is publicly available. All receipients
  172. should be able to receive and use the complete source code to the items
  173. without any charge beyond the costs of data transfer customarily used
  174. for software interchange.
  175.  
  176. b) You must duly ensure that the new receipients of the modified
  177. Software, which you and/or others have compiled, linked, and during the
  178. process of deployment, have copies of this license agreement. You must
  179. explicitly license all the receipients of the items to use and
  180. redistribute the original and modified items in the Software in both
  181. machine-executable and machine-readable source code. All of the
  182. receipients, without any any exceptions whatsoever, must be able to do
  183. so without any charges, and they must be able to redistribute the
  184. Software to anyone they choose.
  185.  
  186. c) Where the software, or its derivate work is distributed with
  187. third-party propriety software, and/or works with propriety software
  188. you must duly ensure that the software remains "available for free" in
  189. the compliance with this license. It is not the intention of this
  190. agreement to subsume or interfere with any other third-party propriety
  191. licensee(s). This agreement is designed to make sure that the original
  192. software and its derivative works, remains available in the free
  193. software domain. Where any such third-party software restricts, or
  194. expressly forbids the disclosure of source code, reverse engineering,
  195. disassembly, decompilation, decryption of that work, then this
  196. agreement does not grant the licensor in anyway whatsoever rights to
  197. subsume, interfere, or waive that other (third-party) software's
  198. license agreement(s).
  199.  
  200.  
  201. 8. COPYRIGHT. In accepting this agreement by continuous use of the
  202. software, unless otherwise stated, you hereby accept that the copyright of
  203. the software belongs to the licensor (`Xenonsoft') and to Peter A. Pilgrim.
  204.  
  205.  
  206. 9. TITLE. Title, ownership rights, and intellectual property rights in the
  207. Software shall remain in with the licensor (`Xenonsoft') and Peter
  208. A. Pilgrim and/or its suppliers. The Software is protected by copyright and
  209. other intellectual property laws and by international treaties. Title and
  210. related rights in the content accessed through the Software is the property
  211. of the applicable content owner and is protected by applicable law. The
  212. license granted under this Agreement gives you no rights to such content.
  213.  
  214. You are not permitted to change the authorship of the software or afford
  215. claim of entitlement without invalidating this XPeL.
  216.  
  217.  
  218. 10. RESERVATIONS. The licensor Xenonsoft (``XeNoN''), in association with
  219. Mr. Peter A. Pilgrim, reserves to the right to change this end user license
  220. agreement (XPeL). However each modified XPeL version will be given a
  221. distinguishing version number.
  222.  
  223.  
  224. 11. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis,
  225. WITHOUT warranty of any kind, including without limitation the warranties
  226. that the Software is free of defects, merchantable, fit for a particular
  227. purpose or non-infringing. The entire risk as to the quality and
  228. performance of the Software is borne by you. Should the Software prove
  229. defective in any respect, you and NOT the Licensor or its suppliers assume
  230. the entire cost of any service and repair. THIS DISCLAIMER OF WARRANTY
  231. CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
  232.  
  233.  
  234. 12. LIMITATION OF LIABILITY. Under no circumstances and under no legal
  235. theory, whether tort (including negligence), contract, or otherwise,
  236. shall the initial developer, any other contributor, or any distributor
  237. of covered code, or any supplier of any of such parties, be liable to
  238. you or any other person for any indirect, special, incidental, or
  239. consequential damages of any character including, without limitation,
  240. damages for loss of goodwill, work stoppage, computer failure or
  241. malfunction, or any and all other commercial damages or losses, EVEN
  242. IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
  243. DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
  244. DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
  245. EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
  246. NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
  247. DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
  248.  
  249.  
  250. 13. TERMINATION. This Agreement and the license granted hereunder will
  251. terminate automatically if you fail to comply with the limitations
  252. described herein. Upon termination, you must destroy all copies of the
  253. Software and Documentation.
  254.  
  255.  
  256. 14. TRADEMARKS. All trademarks not belonging to Xenonsoft (`Xenon') are
  257. acknowledged and belong to their retrospective entities.
  258.  
  259.  
  260.  
  261. Copyright (C) 1999 Xenonsoft, 6 Watford Close, London SW11 4QT ENGLAND
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