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4 $ License Information This is a legal agreement between you either an individual or an entity) and Xpolog, The provider of XpoLog software). By using/holding the software you got from XpoLog The Software), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly remove the SOFTWARE from your possession, and from any entity using the software by your responsibility. License Agreement PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWN-LOADING ANY PART OF THE XpoLog Application. XpoLog WILL ONLY LICENSE THE PROGRAM MATERIALS TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT PROCEED WITH YOUR REQUEST FOR THE PROGRAM MATERIALS. a ) The Program Materials are OWNED by XpoLog and is copyrighted and licensed not sold. b) The term Program Materials means the original program and whole or partial copies of it, including portions merged into other programs. The Program Materials consist of machine-readable instructions, audio/visual content such as images, text, recordings, or pictures), and related licensed materials. c) The term Product Offering means the software products or applications that you produce that contain or are based upon the Program Materials and distributed directly or indirectly via distributors) to end user customers. The end user customer itself is NOT ALLOWED to REDISTRIBUTE the Program Material. d) You shall include the Program Materials or a derivative work thereof), only in your Product Offerings that add substantial value to the Program Materials, and are intended for use with XpoLog Application, by integrating, embedding, merging or bundling the Program Materials or a derivative work thereof) with your own product, so that the primary advertised or documented purpose of your Product Offering is other than to specifically use, license or market the Program Materials per se. 1) License This License Agreement License) permits you to use a single copy, or multiples copies if you are the only user of the software product identified above, which may include user documentation provided in on-line or electronic form Software). The Software is licensed as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the Software be Licensed, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent user Licensing unless specifically agreed upon and ordered as such at an additional cost above the normal licensing fee. Each user of this Software must be covered either individually, or as part of a group Multi-User License. The Software is in use on a computer when it is loaded into the temporary memory i.e. RAM) or installed into the permanent memory e.g. hard disk) of that computer. This software may be installed on a network provided that appropriate restrictions are in place limiting the use to registered users only. 2) Service All physical copies of the software are the property of the registered users but use of the software is restricted according to the terms as specified above 1. License). The Software is protected by United States of America copyright laws and international treaty provisions. All Intellectual Property Rights remain the property of XpoLog The owner of XpoLog.com and the Software). You may not copy the printed materials accompanying the Software if any), nor print copies of any user documentation provided in on-line or electronic form unless for the specific use of a legally registered user as specified above 1. License). You must not redistribute the registration codes provided, either on paper, electronically, in any other form. Without prior written and signed approval from XpoLog The owner of XpoLog.com).. 3) Trademarks You recognize XpoLog ownership and title to its respective trademarks and of any goodwill attaching thereto, including goodwill resulting from use. You will not use, employ or attempt to register any trademark which is confusingly similar to such XpoLog trademarks. Except where expressly permitted by this Agreement, you will not make any statements in publications, press releases, and such like about the Software including statements relating to performance, compatibility, or this Agreement), without prior written and signed approval from XpoLog The owner of XpoLog.com).. 4) Warranty THESE PROGRAM MATERIALS ARE SUPPLIED AS IS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY NON
5 INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. Your written agreements with your distributors and customers will disclaim all implied warranties, including the implied warranties of merchantability, and fitness for a particular purpose. 5) Liability XpoLog WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS OR SAVINGS), EVEN IF XpoLog, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. XpoLog will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. This limitation of liability also applies to any developer of a Program supplied to XpoLog. ) General You may terminate your license at any time. If you do so, all your license rights to the Program Materials are terminated. XpoLog may terminate your license if you fail to comply with the terms of this Agreement. If XpoLog does so, you may not use the Software. All rights obligations and duties which, by their nature, survive the expiration or termination of this Agreement shall remain in effect beyond any such expiration or termination. You agree to comply with all applicable laws and regulations. Neither party may bring a legal action under this Agreement more than two years after the cause of action arose. 7) Restrictions The registration notification provided, showing your authorization code and this License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis, provided you transfer this License, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
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