XOMines distribution permissions and end-user license agreement

License Agreement
1. NOTICE
Please read this Agreement carefully before using the software which accompanies this license (the "Software"). XOTeam Software SARL ("XOTeam Software") will license the Software to you only if you first accept the terms of this Agreement. By using the Software you agree to these terms. If you do not agree to the terms of this Agreement, then XOTeam Software is unwilling to license the Software to you, in which event you should neither install nor use the Software.

2. Copyright
The Software is protected by international copyright law.

The Software is owned by XOTeam Software and is copyrighted and licensed, not sold. The term "Software" means the executable program(s) and all attached executable libraries and documentation.

3. License
XOTeam Software grants you a nonexclusive right to use the Software.

You may:

Install and operate the Software on machines you use;
Make copies of the Software for backup purpose;
Distribute copies of the Software to third parties provided that:
each copy of the Software contains its full original distribution including the present Agreement and copyright notice;
the copy of the Software is provided at no charge above the cost of the distribution medium.
You may not:

Sublicense, lease or rent the Software;
Build derivate work from the Software or its documentation;
Reverse assemble, reverse compile, or otherwise translate the Software.
Further conditions described below apply to diverse copies of the Software depending on the way you acquired them.

Online Software
Online Software is made available to end users on the Internet. The Software may be made available to everyone, or only to customers who purchased access to it. Depending on the technology used for the specific online Software considered, it may or may not operate in disconnected mode.

Purchased access
When the Software is made available via purchased access, only registered customers can operate it.

When you purchase access to the Software, XOTeam Software provides you with a user identifier and a password. These are personal and confidential. You may not deliberately share you user identifier with tiers and you should take appropriate measures to keep your password secret.

While you may operate the Software from an unlimited number of machines at different points in time, it is expected that no two distinct machines operate the Software at the same point in time with the same user identifier.

In case of misuse, XOTeam Software may revoke your access at short notice and at its sole discretion.

XOTeam Software may periodically change passwords, in which case a new password will be sent to you in advance.

Within the limits described in the `No Warranty` and `Limitation of Liability` sections below:

In connected mode, the Software operates as defined in the Software documentation provided that you enter an appropriate user identifier and password when connecting to XOTeam Software`s web site;
In disconnected mode, when the considered specific Software supports it, the Software operates as defined in the Software documentation, provided that it has recently been executed in connected mode; past a duration that is documented for each Software but that is never shorter than two days, the Software ceases to operate in disconnected mode until a successful connection is completed.
XOTeam Software may evolve the Software and its documentation at its sole discretion. As a side effect of online technologies, you will operate the newest version of the Software each time you run it in connected mode, at no extra cost to you. XOTeam Software may keep several versions of the Software available concurrently when deemed appropriate, but the continued operation of backward versions that are no more available on XOTeam Software`s web site is not supported.

In case XOTeam Software would cease its activities prematurely, customers of online Software would be provided means to operate the Software without connecting to XOTeam Software`s web site.

Open access
When the Software is made available via open access, no user identifier is needed to operate it.

Within the limits described in the `No Warranty` and `Limitation of Liability` sections below:

In connected mode, the Software operates as defined in the Software documentation;
In disconnected mode, when the considered specific Software supports it, the Software operates as defined in the Software documentation;
In both modes, the Software may supplement the documented features by deliberately advertising other editions of the Software that are available via purchased access only.
Handheld Software
Handheld Software is distributed as a downloadable package which includes a component that must be installed on a handheld and the Software documentation. Optionally, the package may include a component meant to be installed on a desktop computer which completes the handheld component.

Purchased copies
Within the limits described in the `No Warranty` and `Limitation of Liability` sections below:

The handheld component of a purchased copy of the Software operates as defined in the Software documentation on any supported handheld which user name matches the user name provided to XOTeam Software when ordering the Software;
The desktop component of a purchased copy of the Software operates as defined in the Software documentation on all supported desktops.
Evaluation copies
You may ask XOTeam Software an evaluation copy of the Software in order to decide whether you want to purchase it or not.

Within the limits described in the `No Warranty` and `Limitation of Liability` sections below:

The handheld component of an evalutation copy of the Software operates as defined in the `Degraded operation mode` section of the Software documentation on any supported handheld;
The desktop component of an evaluation copy of the Software operates as defined in the Software documentation on all supported desktops.
Note: by design, the degraded operation mode of the Software allows you to figure out the Software added value, but it does not deliver that added value.

Unregistered copies
Any copy of the Software executing on a handheld which user name does not match the user name provided to XOTeam Software when ordering the Software is considered as an unregistered copy, regardless of how it was acquired.

Within the limits described in the `No Warranty` and `Limitation of Liability` sections below:

The handheld component of an unregistered copy of the Software operates as defined in the `Degraded operation mode` section of the Software documentation, except that it additionally raises warnings about the user name mismatch;
The desktop component of an unregistered copy of the Software operates as defined in the Software documentation on all supported desktops.
Note: by design, the degraded operation mode of the Software allows you to figure out the Software added value, but it does not deliver that added value.

Test Software
XOTeam Software engages with selected end users into test programmes for the newest versions of the Software.

Participation to the test programmes is restricted and specific Software use conditions are issued on a version basis. Moreover, all test versions bear the following restrictions:

You may not distribute them at all;
They may have significant flaws and their use demands specific care and raises specific risks;
They are not meant for continued use and you should uninstall the Software at the end of the considered test programme.
Test copies of the Software are identified by a `T` letter in the version name. Such a copy should never be used outside of the unique test programme for which it was delivered.

4. No Warranty
XOTeam Software makes no warranties or conditions either express or implied, including without limitation, the warranty of non-infringement and the implied warranties of merchantability and fitness for a particular purpose, regarding the Software or technical support, if any.

5. Limitation of Liability
XOTeam Software will not be liable for any direct or indirect damages, including without limitation, lost profits, lost savings, or any incidental, special, or other economic consequential damages, even if XOTeam Software is informed of their possibility.

Litigation
French laws govern this Agreement. The place of proceeding will be Saint-Nazaire, Loire Atlantique, France.

Would a juridiction that applies to you rule out any part of this Agreement, XOTeam Software would consider that you cannot agree to the terms of this Agreement and then would be unwilling to license the Software to you, in which event you should neither install nor use the Software.

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