This End User License Agreement ("license") applies to XQDC X-Setup Pro ("X-Setup Pro").
This license is the complete statement of the agreement between the parties on the subject matter and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. There are no third party beneficiaries of any promises, obligations or representations made by XQDC Ltd. herein. Any waiver by XQDC Ltd. of any violation of this License by the user shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision of this License.
By using, copying, transmitting, distributing or installing X-Setup Pro, you agree to all terms of this license. Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, copy, transmit, distribute or install X-Setup Pro and remove the software from your storage device(s).
The software is either licensed as "freeware" or "shareware", depending on the environment it is used in.
The software is "freeware" for: Home users (using the computers for personal hobby or recreational use); Government controlled education institutions; Non-profit organizations; charity organizations; Public libraries. The term "freeware" means, you are allowed to use the software at no cost. It is not necessary to purchase a license for it.
If your environment does not fit in the noted environments, you are considered as a commercial institution and the software is licensed to you as "shareware". The term "shareware" means, you can test the software for up to 30 days. After those 30 days you either have to purchase a license for it or stop using the software and remove it from your storage device(s) immediately. Unregistered use of X-Setup Pro after the 30-day evaluation period is in violation of international copyright laws.
X-Setup Pro, and any all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied. The user acknowledges that good data processing procedure dictates that any program, including X-Setup Pro, must be thoroughly tested with non-critical data before you rely on it, and you hereby assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of this License.
Any liability of XQDC Ltd. will be limited exclusively to refund of purchase price, if any. In addition, in no event XQDC Ltd., or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, will be liable for any indirect, incidental, consequential or punitive damages whatsoever relating to the use of X-Setup Pro or to your relationship with XQDC Ltd.. This includes, but is not limited to, merchantability and fitness for a particular function.
In addition, in no event does XQDC Ltd. authorize you to use X-Setup Pro in applications or systems where X-Setup Pro's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by the user is entirely at his own risk, and he agrees to hold XQDC Ltd. harmless from any and all claims or losses relating to such unauthorized use. The entire risk related to the software performance or quality is assumed by the user.
It is allowed to include X-Setup Pro on a cover CD-ROM for a book or a magazine without asking the permission of XQDC Ltd., but only if XQDC Ltd. are informed about this. This information of XQDC Ltd. can be made by writing an email to info@x-setup.net.
Private or non-commercial distribution is allowed, providing that no fee is charged, except for any fees necessary to cover the cost of distribution media. No information of XQDC Ltd. is necessary.
The user is specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from XQDC Ltd.. XQDC Ltd. reserves the right to revoke the above distribution rights at any time, for any or no reason.
The software is confidential property of XQDC Ltd.
Reverse engineering (Decompilation) or disassembling of the software is strictly prohibited. Changing the software, the documentation, the distribution form (archive) or any other part of the software in any way is strictly prohibited.
All rights reserved by XQDC Ltd. and/or the respective authors listed within the software.
The name and logo of X-Setup Pro is a registered trademark of dotec.de.
All other brand names and product names used are trademarks or trade names of their respective companies. All references, logos, images, names, products, software and hardware are or may be copyrights or trademarks of their respective companies.
