Important! Read the terms and conditions of this license agreement (hereafter "Agreement") carefully before using XMLmind XML Editor Professional Edition (hereafter "Software"). Use of the Software implies acceptance of this Agreement, and legally binds you and/or your company (hereafter "Licensee"), and Pixware SARL (hereafter "Licensor"), to the terms and conditions set forth below.

Grant of License

Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive and non-transferable license to install, use, customize and extend the Software solely for Licensee's internal business purposes.

Installation and use

Licensee may only install the Software on host machines located at a single site, where a site is defined as a geographical area demarcated by a 50-mile radius circle around some reference point. The Software may be installed on any number of Licensee's host machines within this area, and used locally by any Licensee's employee, without restriction regarding the number of concurrent users.

Customization and extension

Licensee may customize the Software by means of configuration files, and extend the Software by means of the public Application Programming Interfaces.

Additionally, Licensee may modify or extend the Software by any other means, however such modifications or extensions free Licensor from any further technical support to Licensee.

Restrictions

The Software is copyrighted and title to all copies is retained by Licensor. Licensee may not make copies of the Software, other than a single copy for archival purposes. Licensee may, for its internal use only, print copies of the documentation of the Software, in which event all proprietary rights notices on the Software shall be reproduced and applied. Licensee may not distribute the Software, or part of the Software, alone or bundled with another product, without written permission from Licensor.

The Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.

The Software is confidential and proprietary information of Licensor. Licensee agrees to protect the Software from unauthorized use or disclosure.

Warranty Disclaimer

Licensor does not warrant that the Software will meet Licensee's requirements or that the Software is error-free. Except as specified in this Agreement, Licensor expressly disclaims all warranties, express or implied, with respect to the Software, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

Limitation of Liability

In no event shall Licensor be liable to Licensee or a third party for any lost revenue, profit or data, or for any indirect, special or consequential damages, however caused and regardless of theory of liability, arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.

Termination

This license is effective from the date of first use of the Software by Licensee and is perpetual unless terminated by Licensee's election or by breach of this Agreement. Licensee may terminate this license at any time by destroying all copies of the Software, including any documentation. This license will terminate immediately without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must destroy all copies of the Software, including any documentation.

Entirety

This Agreement is the complete and exclusive statement of agreements between Licensee and Licensor relating to the Software. It supersedes all prior agreements and understandings, and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between the parties before or during the term of this Agreement. It may be modified only in writing signed by both parties.

This Agreement is made under, shall be governed by and construed in accordance with the French law.