oXygen XML Editor and XSLT Debugger

END USER LICENSE AGREEMENT oXygen XML Editor End User License Agreement IMPORTANT: THIS
SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRES BY OR FOR AN ENTITY, A SINGLE LEGAL ENTITY)
AND SYNCRO. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS
SOFTWARE. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR
ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT
DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES. 1.
DEFINITION a) "Syncro" means Syncro Soft SRL. b) "Software" means the executable code of
oXygen XML Editor (software program for editing and processing XML documents) and
corresponding documentation, printed materials, online or electronic documentation. c) "Named
User" is an individual authorized by You to use the Software through the assignment of a
single user ID, regardless of whether or not the individual is using the Software at any given
time. A non-human operated device is counted as a Named User in addition to all individuals
authorized to use the Software, if such device can access the Software. 2. LICENSE GRANTS 2.1
Trial Period License. You may download and use the Software for free for thirty (30) days
after installation ("Trial Period"). During the Trial Period, Syncro grants You a limited,
non-exclusive, non-transferable, non-renewable license to copy and use the Software for
evaluation purposes only and not for any commercial use. At Syncro discretion, Syncro may
provide limited support through email or discussion forums at Syncro web site. The evaluation
copy of the Software contains a feature that will automatically disable the Software at the
end of Trial Period. Syncro will have no liability to you if this feature disables the
Software. 2.2 License After Trial Period. This Software is licensed, not sold. During Trial
Period, You have the option of paying a license fee in order to use the Software after
expiration of the Trial Period. The Software is available as Enterprise Edition, Professional Edition or
Academic/Non-profit Edition. Upon your payment of the license fee, Syncro provides you with a
permanent registration number ("License key") and grants you a limited, non-exclusive,
non-transferable license to: a) use the Software on a Named User basis meaning specific
individuals are authorized to access the Software and the total number of named users may not
exceed the total number licensed by You. b) copy the Software in machine-readable form solely
for backup purposes. If you do not pay the license fee before the Trial Period expires, the
present License will be immediately terminated and you lose any right to the Software. 2.3 The
Named User of the Software may install and use the Software on as many computers (including
operating systems) as he or she likes. 2.4 Academic/Non-profit Edition Software. Unlike
Enterprise or Professional Edition that is available for commercial usage, the Academic Edition is available
for academic and non-commercial purposes only. In order to use this edition,You must be a: a)
full-time and part-time students attending colleges and universities. b) full time and part
time faculty and staff employed by colleges and universities. c) non-profit organizations or
individuals, excluding federal, provincial, or national government departments / agencies. 2.5
An academic classroom license designed to support educators using the Software for classroom
teaching is available on request. 2.6 Floating License: If you are using the Software under
the control of a Floating license, you may: a) install the Software on an unlimited number of
computers that are connected to the designated network (there has to be a TCP/IP connection
between the machines) b) use the Software by no more than the authorized number of concurrent
users. A separate license is required for each additional concurrent user and/or network on
which the Software is used. Syncro will provide you with a license code key that enables the
Software for a Floating license up to the authorized number of concurrent users. 2.7 Certain
rights are not granted under this Agreement, but may be available under a separate agreement.
If you would like to enter into a distribution agreement contact Syncro
(support@oxygenxml.com) 3. LICENSE RESTRICTIONS 3.1 You may not provide or make available by
any means the License Key to any third party. You undertake to take such steps as are
necessary in order to protect the License Key against unauthorized use. 3.2 You may not alter,
merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-perceivable form. 3.3 You may not sell, rent,
lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any
part thereof. 3.4 You may not modify the Software or create derivative works based upon the
Software. 3.5 You may not remove or obscure any copyright and trademark notices relating to
the Software. 4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 4.1 This Agreement gives you
limited rights to use the Software. Syncro retain any and all rights, title and interest in
and to the Software and all copies thereof, including copyrights, patents, trade secret
rights, trademarks and other intellectual property rights. All rights not specifically granted
in this Agreement, including International Copyrights, are reserved by Syncro. The structure,
organization and code of the Software are valuable trade secrets and confidential information
of Syncro. 5. PATENT AND COPYRIGHT INDEMNITY 5.1 Syncro will defend and indemnify You for all
costs (including reasonable attorneys fees) arising from a claim that Software furnished and
used within the scope of this Agreement infringes the copyright or other intellectual property
rights of any third party, provided that: (i) You notify Syncro in writing within 30 days of
the claim, (ii) Syncro has sole control of the defense and all related settlement
negotiations, and (iii) You provide Syncro with the assistance, information, and authority
necessary to perform the above. 5.2 Syncro will have no liability for any claim of
infringement based on (i) code contained within the Software which was not created by Syncro
(ii) use of a superseded or altered release of the Software, except for such alteration(s) or
modification(s) which have been made by Syncro or under Syncro` direction, if such
infringement would have been avoided by the use of a current, unaltered release of the
Software that Syncro provides to You, or (iii)the combination, operation, or use of any
Software furnished under this Agreement with programs or data not furnished by Syncro if such
infringement would have been avoided by the use of the Software without such programs or data.
5.3 In the event the Software is held or believed by Syncro to infringe, or Your use of the
Software is enjoined, Syncro will have the option, at its expense, to (i) modify the Software
to cause it to become non-infringing, (ii) obtain for You a license to continue using the
Software, (iii) substitute the Software with other Software reasonably suitable to You, or
(iv) if none of the foregoing remedies are commercially feasible, terminate the license for
the infringing Software and refund any license fees paid for the Software, prorated over a
three-year term from the effective date of the Agreement. This Section states Syncro` entire
liability for infringement. 6. LIMITED WARRANTIES 6.1 Syncro warrants that is holds the proper
rights allowing it to license the Software and is not currently aware of any actions that may
affect its rights to do so. 6.2 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, EXCEPT AS
PROVIDED IN SECTION 5.1, SYNCRO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE
SOFTWARE. SYNCRO MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM
INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. SYNCRO EXPRESSLY DISCLAIMS ANY
WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. 7. NO REFUND 7.1 Because the Software is
provided free of charge during the Trial Period to allow potential customers to evaluate and
test it before paying the license fee, Syncro enforces a strict no-refund policy. Please
evaluate and test the Software carefully during the Trial Period. Once you pay the license
fee, your payment is final and may not be reimbursed. 8. MAINTENANCE PACK 8.1 A Maintenance
Pack is a time-limited right to technical support and Software updates and upgrades. Technical
support only covers issues or questions resulting directly out of the operation of the
Software and Syncro will not provide you with generic consultation, assistance, or advice
under any circumstances. 8.2 At any time prior to the expiration of your Maintenance Pack and
14 days after, you may purchase additional Maintenance Packs. Additional Maintenance Pack will
extend the availability of your current Maintenance Pack. If you do not purchase any
additional Maintenance Pack, you will lose the right to technical support and Software updates
and upgrades as of the date your current Maintenance Pack expires. However, you will not lose
the right to use the Software or the technical support,updates and upgrades provided free by
Syncro. 8.3 For customers that purchase or already own multiple licenses, a Maintenance Pack
must be purchased for each license. 8.4 Technical support is provided via electronic mail at
the following address: support@oxygenxml.com, and by phone at +40-251-461480 during business
hours 9AM to 6PM, GMT+2 time. Syncro will use its best efforts to provide you with technical
support within forty-eight (48) business hours of your request. Please check our website to
find our latest contact information. 8.5 The latest information is provided on the web site at
http://www.oxygenxml.com. Please refer to our web site for additional information regarding
Maintenance Pack (prices, online purchase, etc.) 9. LIMITATION OF LIABILITY 9.1 TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNCRO OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE,
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS EULA, EVEN IN EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYNCRO OR ANY SUPPLIER, AND EVEN IF
SYNCRO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
SYNCRO ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. 10 HIGH RISK ACTIVITIES 10.1
The Software is not fault-tolerant and is not designed, manufactured or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems, in which the failure of
the Software could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Syncro and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk Activities. 11. THIRD PARTY SOFTWARE
11.1 The Software may contain third party software that requires and/or additional terms and
conditions. Such required third party software notices and/or additional terms and conditions
are located at www.oxygenxml.com/thirdparty/ and are made a part of and incorporated by
reference into this EULA. By accepting this EULA, You are also accepting the additional terms
and conditions, if any, forth therein. 12. DURATION 12.1 This Agreement will terminate at the
end of Trial Period unless You purchase an ongoing license by paying the license fee. In the
event that You purchase an ongoing license prior to the end of the Trial Period, this
Agreement shall remain in effect until terminated by either party. You may terminate the
Agreement at any time by destroying all copies of the Software. Syncro may terminate the
Agreement upon breach of your obligations under the present Agreement. 13. GENERAL 13.1 Syncro
reserves the right at any time to cease the support of the Software and to alter prices,
features, specifications, capabilities, functions, licensing terms, release dates, general
availability or other characteristics of the Software. 13.2 If any provision hereof shall be
held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified
to the minimum extent necessary to make it legal, valid and enforceable, and the legality,
validity and enforceability of all other provisions of this Agreement shall not be affected.
13.3 This Agreement is to be governed by and construed in accordance with the laws and
jurisdiction of the defending party. Each party for itself and its property, hereby submits to
the jurisdiction and venue of the defending party in relation to any claim or dispute that may
arise with respect to this Agreement and any judgment that may be rendered in connection with
any such claim or dispute. Service of process upon either party shall be valid if served by
registered or certified mail, return receipt requested and to the most current address
provided by such party. The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. 13.4 You may not assign this Agreement in whole or
in part, without Syncro prior written consent. Any attempt by You to assign this Agreement
without such consent will be null and void. 13.5 This Agreement contains the entire agreement
between Syncro and You related to the software and supersedes all prior agreements and
understandings, whether oral or written. All questions concerning this Agreement shall be
directed to support@oxygenxml.com