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  Software License

Software is defined as the computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. Do not use the Software until you have carefully read the following Agreement. This Agreement represents the entire Agreement concerning the Software between you and Xcite, and it supersedes any prior proposal or understanding between you and Xcite. This Agreement sets forth the terms and conditions for licensing of the Software to you, installing the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you do not agree with this Agreement, do not use the Software.

License and Certain Restrictions

You assume responsibility for selection of the Software to achieve your intended results and for the installation, use, and valid operation of the Software. You are granted a limited non-exclusive license to use a copy of the Software on a single computer. You may make one backup copy of the Software for your own use. Making additional copies or duplicating the Software by any other means including electronic transmission is illegal. It is also prohibited to give copies to another person. You may not copy the printed materials, if any, accompanying the Software, or print copies of any user documentation. The Software in its entirety is protected by copyright laws. The Software also contains trade secrets, and you may not de-compile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software, media, or related materials or create derivative works based upon the Software or any part thereof. You may transfer the Software to a third party, or sell the computer on which the Software is installed to a third party, provided you do not keep a copy of the Software for yourself.

Disclaimer of Warranties:

EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, MEDIA, RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. We DO NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL.

Limitation of Liability and Damages:

THE ENTIRE LIABILITY OF Xcite FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE PURCHASED FROM Xcite OR IT'S AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Xcite AND IT'S SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Xcite OR IT'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, Xcite AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Because computer software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies, and Xcite will not be responsible for your failure to do so. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Xcite Software and you. Xcite Software would not be able to have provided this product or services without such limitations.


General Provisions:

This Agreement sets forth Xcite Software and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Xcite Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that Xcite Software may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Xcite Software are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Xcite software.

 

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