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XUI EULA.md

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FULL LEGAL XUI LICENSE AGREEMENT

Terms

This source code license agreement is by and between Garry Pettet (the Licenser) and the Licensee.

This agreement covers the access and use of the source code for the following software, hereafter known as the “Software”.

The Support Contract refers to full calendar year (365 days) following the purchase of the Software. The Support Contract begins on the day of purchase and ends on the same date, one year later.

Conditions

Both the Licensee and Licenser agree to adhere to the following terms and conditions: 

  • The Licenser grants (upon full payment and with acceptance of this source code license agreement) the Software to be used as permitted. A license shall be considered non-transferrable.

  • The standard license granted may be used by the Licensee only. The "Pro" license grants usage to all employees of a single organisation. Subcontractors providing services for the Licensee require an additional license.

  • Throughout this agreement, “Software” shall be defined as all source code, object codes, linked libraries, utility programs, project files and scripts related to the software listed above.

The Software shall remain the intellectual property of the Licenser at all times.

## License Grant

  1. The Licenser grants the Licensee the right to use the Software within the Xojo IDE.

  2. The Licenser grants the Licensee the right to use the Software within compiled binaries created by the Xojo IDE.

Restrictions

Unless prior written consent has been obtained from the Licenser, the following shall not be allowed:

  • The distribution of the Software in an open source format. That is, the source code is not to be shared with any persons or entities that are not the Licensee. This includes sharing the Software as encrypted classes created by the Xojo IDE.

  • Alteration or removal of any notices in or on the Software or within the documentation included within the software.

Warranty

  • All software included in this source code license agreement as well as all documentation included with said software is provided in an “as is” condition.

  • The Licenser agrees to make all best efforts to correct errors identified by the Licensee within the Software in a timely manner so long as the Licensee continues to have a valid Support Contract. Defects in the Software found to be solely caused by defects in the Xojo language or frameworks are explicitly excluded from this warranty.

Liability

Under no circumstances will the Licenser or their representatives be liable for any incidental, consequential, or indirect damages including but not limited to lost or damaged data, revenue loss, economic loss, or commercial loss arising out of a breach of any terms and conditions set forth in this source code license agreement.

This limitation of liability shall apply regardless of if the alleged breach is a fundamental breach or fundamental term.

Both parties are in understanding that some jurisdictions do not allow the exclusion of liability for consequential damages and as so the above limitation may not apply.

Term & Termination

This agreement may be terminated immediately by the Licenser in the event any breach occurs of the terms and conditions listed herein.

In the event of termination the Licenser must destroy any and all copies of the Software.