XEOKIT SINGLE LICENSE V1, April 2019
Copyright (C) 2019 XEOLABS, this agreement may be copied and distributed only with a commercial copy of XEOKIT, changes in this document is not permitted.
This license agreement is a legal agreement between you ("Licensee") (either an individual or a single entity) and Lindsay Kay ("XEOLABS") for the software product XEOKIT which includes computer software and electronic documentation (collectively the "Software").
This license is valid only if Licensee has completed payment.
By installing, copying or otherwise using the Software, you agree and to be bound by the terms of this License agreement.
- Using the Software If Licensee has purchased a license for the Software, subject to the terms and conditions of this Agreement, XEOLABS grants Licensee, a limited, non-exclusive, non-transferable license to install or include the Software in your own software and use that copy of the Software only in accordance with this agreement.
a) Licensee may use the Software to operate in conjunction with other commercial software.
b) Licensee is allowed to remove any XEOKIT copyright notices, logos or brand related texts.
c) Licensee is allowed to modify the Software without contributing back to the project.
d) Licensee is granted these rights for one (1) website/domain.
Licensee may not:
a) Sell or distribute the Software completely, it may only be inegrated with one website.
b) Change the license, open source codes except developers, contribute/distribute change source code.
c) The license does not cover SaaS/OEM usage of the software. It can not be installed on the website where the XEOKIT product will act as a part of the paid service. For example this license does not cover usage in website builder services, mass mail send services and other similar project. You also can not integrate it into you project redistributed to 3rd parties.
Termination This License Agreement is effective until terminated. XEOLABS may terminate this License Agreement if Licensee fails to comply with the terms and conditions. In such event, Licensee must destroy all copies of the Software and all of its component parts.
Ownership The Software is licensed, not sold. The License agreement gives Licensee limited rights to use the Software. All rights, title and interest, including all copyrights, in and to the Software and any copies Licensee is permitted to make herin are exclusively owned by XEOLABS and are protected by copyright, trademark and trade secret law and international treaties. XEOLABS retains all rights not expressly granted to Licensee in this License agreement.
Library License Reference XEOKIT may include 3rd Party components that have their own license documents, please review all documentation.
Limited Warranty Software is provided "AS IS". You exclusive remedy and XEOKIT's entire liability under this limited warranty will be a XEOLABS's option to replace Software or refund the fee paid for the Software.
DISCLAIMER OF WARRANTY UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL XEOLABS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF XEOLABS HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will XEOLABS's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
- Entire Agreement This License agreement constitutes the entire agreement between Licensee and XEOLABS and supersedes any other prior agreement or understandings, whether oral or written, regarding the Software. If a provision of this agreement is deemed null and void, invalid or without effect, the remainder of the agreement shall remain in effect.