XPSuite Skinnables 4.0.3

EULA - End User License Agreement

License Agreement
END USER LICENSE AGREEMENT FOR AN XPSUITE 4.0 RETAIL LICENSE

IMPORTANT: READ CAREFULLY BEFORE YOU INSTALL OR USE THIS SOFTWARE: This End User License Agreement ("EULA") is a legal agreement between You ("You" and "Your" includes a person and/or an individual entity) and CIA, The Company ("CIA"), a North Carolina Company. The Software includes the object code and source code, the associated media, any printed materials, any updates, and any "online" or electronic documentation, as applicable. By accessing, installing, copying or otherwise using the Software, You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, CIA is unwilling to license the Software to you. WRITTEN ASSENT IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS EULA.

Grant of License

Subject to the payment of all applicable fees, and the terms and conditions of this EULA, CIA hereby grants to You a limited, non-sub licensable, non-exclusive, non-transferable right to install the Software and the accompanying documentation onto a single computer, solely for your corporate and/or individual use. This EULA authorizes You to make copies of the Software solely for backup or archival purposes, provided that all copies that You make contain all of the proprietary notices set forth in the original version of the software.

The distribution of the runtime (binary) components is royalty free for registered customers.

Term:

Regardless of the location of the Software, You are responsible for strict compliance with any and all of the terms and conditions of this EULA. This EULA will terminate automatically if You fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to CIA. When this EULA terminates, You must immediately cease using the Software and destroy all copies of the Software and the Documentation. You may terminate this EULA at any point by destroying all copies of the Software and the Documentation.

Prohibited Uses:

You may not, without the prior written permission of CIA: (a) reverse engineer, decompile, disassemble or unlock the Software or make any attempt to reconstruct or discover any source code or underlying algorithms of the Software, (b) transfer, rent, lease or sublicense the Software, (c) repackage the Software for sale as a competing product, (d) distribute the Software for use in design time, and (e) divulge the License Number. You agree to treat the License Number as strictly confidential except to CIA and you have not the right to distribute the license.

Ownership of the XPSuite 4.0 Retail Software:

The Software and Documentation are protected by international copyright laws and international treaty provisions. CIA retains all title and all rights and interest in the Software, including, but not limited to, the Included Code, and all copies, versions, customizations, compilations and derivative works thereof (by whomever produced) and all related Documentation; the CIA trademarks, service marks, trade names, icons and logos; any and all copyright rights, patent rights, trade secrets rights and other intellectual property and proprietary rights thought the world; and all Confidential Information. You acknowledge that Your possession, installation, or use of the Software, does not transfer to you any ownership, title, or registrable interest of any kind to the intellectual property in the Software, and that You will not acquire any rights to the Software except as expressly set forth in this EULA.

Submissions:

Should You decide to submit any materials to CIA via electronic mail, through or to CIA web sites, or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like, You agree that such submissions are unrestricted and shall be deemed non-confidential upon submission. You grant to the CIA a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such submissions.

Indemnification:

You agree to defend, indemnify and hold harmless CIA and its directors, officers, employees, affiliates, sub licensees, and agents from and against all claims, defense costs (including reasonable expert and attorneys fees), judgments and other expenses arising out of or on account of: (a) alleged infringement or violation of any patent, trademark, copyright, trade secret or other proprietary right with respect to the modification and customization performed by You or on Your behalf; or (b) any negligent act, omission or willful misconduct by You or on Your behalf in the performance of this EULA.

Confidentiality : You agree that the Software, including, but not limited to, all source and object code components, screen shots and displays, graphical user interfaces, algorithms, formulae, data structures, scripts, application programming interfaces and protocols, and the Documentation (collectively the Confidential Information) are trade secrets of CIA and are owned by CIA. You agree to retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most valuable information, but in no event less than reasonable diligence. You agree to: (a) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this EULA and not to disclose or disseminate the Confidential Information to any third party without the prior written consent of CIA, (b) use the Confidential Information solely for Your benefit as provided for herein and not to allow any third party to benefit from the Confidential Information, and (c) bind your employees and agents, by terms no less restrictive than those set forth herein, to maintain the confidentiality of such Confidential Information. Notwithstanding the disclosure of any Confidential Information for any reason, such Confidential Information shall continue to be owned by CIA.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program