Xiosis Scribe distribution permissions and end-user license agreement
XIOSIS SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT
('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR
AN ENTITY, AN ENTITY) AND XIOSIS. READ IT
CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE
SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY SELECTING THE 'I ACCEPT' BUTTON IN
THE WEBSITE AND USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING
TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL
(a) 'Xiosis' means Xiosis Pvt. Ltd. and its licensors, if any.
(b) 'Software' means the SCRIBE 2011 software program and any
third party software programs contained therein, in each case supplied by
Xiosis herewith, and corresponding documentation, associated
media, printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you.
(c) 'Software Trial Application' means a version of the Software, so identified,
to be used only to review, demonstrate and evaluate the Software for a limited
time period. The Software would have full features and will cease operating
after 30 (thirty) days of time due to an internal mechanism within the
2. License Grants
(a) You may install and use the Software only on the machine indicated in the
information you provided to Xiosis at the time of registering for purchase.
A license for the Software may not be shared,
installed or used concurrently on different computers.
(b) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a
(c) You may not sell, rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) In the event that you fail to comply with this EULA, Xiosis
may terminate the license and you must destroy all unauthorized copies of the
Software (with all other rights of both parties and all other provisions of this
EULA surviving any such termination).
(f) Unless otherwise provided herein, you shall not (A) in the aggregate, install
or use more than one copy of the Software, (B) download the Software Trial
Application under more than one username, (C) alter the contents of a hard drive
or computer system to enable the use of the Software Trial Application for an
aggregate period in excess of the trial period for one license to such Software
Trial Application, or (D) use the Software Trial Application for a purpose other
than the sole purpose of determining whether to purchase a license to a
commercial version of the Software.
The foregoing license gives you limited license to use the Software.
Xiosis and its suppliers and partners retain all right, title and
interest, including all copyright and intellectual property rights, in and to, the
Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by
Xiosis, its suppliers and its partners.
5. WARRANTY DISCLAIMER
(a)XIOSIS AND ITS SUPPLIERS AND PARTNERS
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND
TITLE OR QUIET ENJOYMENT. XIOSIS DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS
NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
XIOSIS SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
XIOSIS, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(c) Xiosis shall have no responsibility if
the Software has been altered in any way, or FOR ANY
failure THAT arises out of use of the Software with
other than a recommended hardware configuration,
PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
(a) NEITHER XIOSIS NOR ITS SUPPLIERS AND
PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IFXIOSIS OR
ITS 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.
(b) XIOSIS'S TOTAL LIABILITY TO YOU FOR
ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO $25.
(b) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED
TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental
elements of the basis of the agreement between Xiosis and
you. Xiosis would not be able to provide the Software on an
economic basis without such limitations. Such Warranty Disclaimer and Limited
Liability inure to the benefit of Xiosis's licensors.
The limitations or exclusions of warranties and liability contained in this EULA
do not affect or prejudice the statutory rights of a consumer, i.e., a person
acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in
this EULA shall apply to you only to the extent such limitations or exclusions are
permitted under the laws of the jurisdiction where you are located.
8. Third Party Software
(a) This Software utilizes third party software. Its use is determined by the respective
licenses their owner, licensor or agent.
9. Description of Other Rights and Limitations
(a) This EULA does not grant you right to use the internal components and data files
distributed with the Software for any other purposes including distributing them or
developing software that uses them. If you wish to use them, obtain explicit permission
from Xiosis by
emailing to email@example.com
Subject: Component Distribution
10. Consent to Use of Data
(a) You agree that Xiosis may collect technical non personally identifying information as
part of its product support services. Xiosis shall use this information solely to provide
the customized product support services and improve them.
(b) Xiosis shall not disclose any information collected with a third party.
(a) Upon purchasing the software, the customer would be emailed a registration tool which
gathers the users information and machine details and submits it to Xiosis.
(b) On receipt of the registration information the delivery of the licensed executable
component shall be made electronically via email within 1 (one) day on normal workdays
(Monday to Thursday). If the software were purchased on a Weekend the delivery would be
made on the next Monday.
12. Cancellation and Refunds
(a) If you do not accept this EULA, do not install the software.
(b) Xiosis shall accept requests to cancel and refund the order if it is received before
the transmission of the licensed executable in article 10. Requests for refunds should be made
to firstname.lastname@example.org with the subject Cancel and the order number.
(c) Requests for refunds made after the email transmission of the licensed executable
shall not be accepted.
This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. You agree that any varying
or additional terms contained in any purchase order or other written notification
or document issued by you in relation to the Software licensed hereunder shall be
of no effect. The failure or delay of Xiosis to exercise any
of its rights under this EULA or upon any breach of this EULA shall not be
deemed a waiver of those rights or of the breach.
No Xiosis dealer, agent or employee is authorized to make
any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this EULA will remain in full force
All questions concerning this EULA shall be directed to: Xiosis,
Xiosis and other trademarks contained in the Software are
trademarks or registered trademarks of Xiosis. Third party trademarks, trade names,
product names and logos may be the trademarks or registered trademarks of their
respective owners. You may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This EULA does not authorize you to use Xiosis's
or its licensors' names or any of their respective trademarks.
The trial version of Xiosis Scribe 2011 can be freely distributed over the internet in an unchaged form and in its original installer package