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