diff --git a/license.md b/license.md index 301f4842..67900641 100644 --- a/license.md +++ b/license.md @@ -1,75 +1,82 @@ -XCEED SOFTWARE, INC. +XCEED SOFTWARE, INC. -COMMUNITY LICENSE AGREEMENT -(for non-commercial use) +COMMUNITY LICENSE AGREEMENT (for non-commercial use) -This “Agreement” is a legal agreement between you, a software developer (“Licensee”) and Xceed Software, Inc. (“Xceed”). -You, the Licensee, wish to use Xceed’s product “Xceed Extended WPF Toolkit™” (the “Software”), an Xceed product, for use -in a non-commercial application or system or program. “Non-Commercial use” means not primarily intended for commercial -advantages or for monetary compensation or any other type of compensation. -Xceed agrees to license its products to developers like you as along as all terms & conditions set forth herein are -respected. Xceed Software is provided under a license; it is not “sold” in any manner. -By installing, copying or otherwise using the Software, you confirm your agreement to the terms and conditions expressed -in this Agreement. If you do not agree, you are not authorized to use our Software. If you are not a software developer, -you are not authorized to use our Software. +This Community License Agreement (the “Agreement”) is a legal agreement between +you (“Licensee”) and Xceed Software, Inc. (“Xceed”). Licensee wishes to use the “Xceed +Extended WPF Toolkit™” (the “Software”), an Xceed product, for “Non-Commercial Use”. +Such use of the Software means that it is not primarily intended for commercial +advantages or for monetary compensation or any other type of compensation, including +donations. Xceed agrees to license its products to developers like you as along as all +terms & conditions set forth herein are respected. The Software is provided under a +license; it is not “sold” in any manner. By installing, copying or otherwise using the +Software, you confirm your agreement to the terms and conditions expressed in this +Agreement. If you do not agree, you are not authorized to use our Software. -GENERAL +GENERAL -This license is perpetual (or until revoked by Xceed), provided that: +Subject to compliance with the conditions set out below, Xceed grants to Licensee a +non-exclusive and perpetual right (unless/until revoked by Xceed at its discretion) to +install and use the Software for designing, building, testing and/or +deploying/distributing (to less than 10 users or end-users) an application, system or +program for Non-Commercial Use only. Would Licensee need to use the Software for +any purpose that is not strictly Non-Commercial Use, or if the Software is to be +deployed or distributed to more than 10 users/end-users – even in a Non-Commercial +Use, Licensee must acquire a Commercial License (with a paid subscription). --All License Agreement terms & conditions are strictly followed by the Licensee; +The license granted under this Agreement is conditional on Licensee complying at all +times with the following conditions: --Xceed Software is used for non-commercial purposes only (no re-selling, licensing or sub-licensing or any other rights -of use); +-All of the Agreement’s terms & conditions are strictly complied with by the Licensee; --Xceed’s name and logo must appear clearly in the resulting work with an Xceed Copyright notice; the name and notice -must be visible, not be hidden. +-The Software is used for Non-Commercial Use only; -Pursuant to these conditions, Xceed grants to Licensee a non-exclusive right to install and use the Software for -designing, building, testing and/or deploying an application or system or program for non-commercial purposes only, -without the need to acquire a subscription. Would Licensee need to use the Software in any commercial way or purpose, -Licensee must acquire a Commercial License (with a paid subscription). +-The Software cannot be resold, licensed, sublicensed or distributed by Licensee in any +manner other than as specified above; -Licensee is not authorized to: +-Xceed’s name and logo must appear clearly in the resulting work with an Xceed +Copyright notice; the name and notice must be visible, not be hidden; --sell or license/sub-license/lease the resulting work to anyone nor charge any amounts of money or exchange services -for the said resulting work; +-Licensee is not authorized to “deploy” the Software for/in any commercial environment; --“deploy” the Software for/in a commercial environment; +-Licensee commits not to create a competitive software product based on the Software; --create a competitive software product based on Xceed Software; +-Licensee is not authorized to sell or license/sub-license/lease the resulting work to +anyone nor charge any amounts of money or accept donations or exchange services for +the said resulting work. +SUPPORT -SUPPORT - -Support is not included in Community Licenses. The Software is provided on an “as is” basis only. Licensee can send -requests to Xceed’s technical support team only if a commercial license has been obtained. Bugs may be corrected at -Xceed’s discretion. +Support is not included in Community Licenses. The Software is provided on an “as is” +basis only. Licensee can send requests to Xceed’s technical support team only if a +commercial license has been obtained. Bugs may be corrected at Xceed’s discretion. WARRANTY -Xceed clearly states that this Community License includes no warranty of any type. Xceed products are provided -on an “as is” basis. In no case shall Xceed be responsible or liable for any direct or indirect, or consequential -damages whatsoever (including, without limitation, any damages for loss of revenues, of business profits, business -interruption, or loss of business information, or any other type of loss or damages) arising out of the use of the -Software even if Xceed may have been advised of such potential damages or loss. - -OTHER - -Xceed does not allow Community Licensees to publish results from benchmarks or performance comparison tests (with -other products) without advance permission by Xceed. Licensee is not authorized to use Xceed’s name, tradenames -and trademarks without Xceed’s written permission (other than the Copyright notice stated above in the “General” -section). - -GOVERNING LAW - -This Agreement shall be governed by the laws of the Province of Quebec (Canada). Any claim, dispute or problem -arising out of this Agreement shall be deemed non-receivable or may be settled or disposed of at Xceed’s discretion. -Xceed reserves the right to settle any action before an arbitration board in Quebec as per generally accepted, -international rules of arbitration prevailing in Quebec. - +Xceed clearly states that this Community License includes no warranty of any type. +Xceed products are provided on an “as is” basis. In no case shall Xceed be responsible or +liable for any direct or indirect, or consequential damages whatsoever (including, +without limitation, any damages for loss of revenues, of business profits, business +interruption, or loss of business information, or any other type of loss or damages) +arising out of the use of the Software even if Xceed may have been advised of such +potential damages or loss. + +OTHER + +Xceed does not allow Community Licensees to publish results from benchmarks or +performance comparison tests (with other products) without advance permission by +Xceed. Licensee is not authorized to use Xceed’s name, tradenames and trademarks +without Xceed’s written permission (other than the Copyright notice stated above in the +“General” section). + +GOVERNING LAW + +This Agreement shall be governed by the laws of the Province of Quebec (Canada). Any +claim, dispute or problem arising out of this Agreement shall be deemed non-receivable +or may be settled or disposed of at Xceed’s discretion. Xceed reserves the right to settle +any action before an arbitration board in Quebec as per generally accepted, +international rules of arbitration prevailing in Quebec. Xceed reserves the right to modify this Agreement at all times without notice. -© Copyright: Xceed Software, Inc. - 2020. All rights reserved. - +© Copyright: Xceed Software, Inc. - 2020. All rights reserved.