Devsoft Baltic OÜ
Xenarius End User License Agreement
Copyright © 2015 Devsoft Baltic OÜ
#END-USER LICENSE AGREEMENT
IMPORTANT- READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you, a developer of software applications, (“END USER”, “YOU”) and Devsoft Baltic OÜ (“DEVSOFT”), governing your use of Xenarius software development service (“SERVICE”), software created using Xenarius (“SOFTWARE”) and any related resources available at http://xenarius.net.
##ACCEPTANCE OF THE TERMS
You must be of legal age (13 years old) to enter into a binding agreement in order to accept the EULA. Everyone using the SERVICE needs to agree to the terms of this EULA by checking the “I have read and agree to the License Terms” box on the account registration page. The terms are effective immediately upon your clicking the “Submit” button. You may not use or evaluate the SERVICE until you have read and accepted all the terms of this EULA.
##GRANT OF LICENSE
Subject to all the terms and conditions of this EULA, DEVSOFT grants END-USER a non-exclusive, non-transferable, revocable license to access and use the SERVICE as authorized in this EULA.
##SUBSCRIPTION TO THE BETA VERSION
The SERVICE is currently available as an open beta version for the purpose of testing and evaluation. You agree that DEVSOFT has the sole authority and discretion to determine the period of time for testing and evaluation of the SERVICE while in beta version state. DEVSOFT will be the sole judge of the success of such testing and the decision, if any, to offer the beta version as commercial service. You will be under no obligation to acquire a subscription to use any paid SERVICE as a result of your subscription to the beta version.
Should DEVSOFT decide to discontinue the SERVICE, it will send notification to your registered e-mail address at least sixty (60) days prior to such discontinuance pursuant to section “SERVICE MODIFICATIONS, DISCONTINUANCE OR FAILURE” of this EULA. You agree that DEVSOFT will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta version for any reason.
While SERVICE is in the beta version, END USERS can create and deploy SOFTWARE without having to purchase a license to the commercial version. When DEVSOFT releases a commercial version, END USERS will need to select and purchase a commercial license plan to continue using the SERVICE. You agree to cease all access and use of the SERVICE if you do not purchase a commercial license when it becomes available. Previously created SOFTWARE can be used as deployed while SERVICE was in beta version.
##ACCESS TO THE SERVICE
You may connect to the SERVICE using any supported internet browser. You are responsible at your own expense to acquire access to the World Wide Web, either directly or through devices that access web-based content, and to pay any service fees associated with such access. In addition, you agree to provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
##LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works or disassemble the SERVICE or any part thereof. If the SERVICE is used by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any DEVSOFT intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any SOFTWARE created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, national and international law.
A single username and password combination may not be used by more than one END USER. In addition, END USERS may log into the SERVICE from only one location at any given time – concurrent usage under a single username is prohibited.
##RESTRICTIONS ON USE
In addition to all other terms and conditions of this EULA, you shall not: (i) make the SERVICE available to any third party by means of renting, leasing or lending the SERVICE; (ii) provide any derivative services based on the SERVICE without prior written permission from DEVSOFT; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the SERVICE in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of the SERVICE; (vii) violate any applicable local, state, national or international law; (viii) create a false identity to mislead any person as to the identity or origin of any communication; (ix) attempt to access any of SERVICE’s systems, programs or data that are not made available for public use by DEVSOFT.
THE SOFTWARE IS NOT INTENDED FOR USE IN MISSION CRITICAL OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
##REDISTRIBUTION AND DEPLOYMENT
Application created with the help of the SERVICE can be used as a web application, or can be compiled into a mobile application on the iOS or Android platform using Apache Cordova, which is not included and must be downloaded separately. Apache Cordova is subject to the disclaimers and limitations on liability set forth its own License Agreement.
The necessary files for redistribution and deployment are provided to END USERS when using the Deploy command in the application builder user interface. The resulting download contains all the files you will need to build and deploy the final application.
AT NO TIME MAY END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SERVICE BY UTILIZING ALL OR ANY PORTION OF THE AVAILABLE REDISTRIBUTION FILES.
##OPEN SOURCE LIBRARIES
The following open source libraries are used within the SERVICE and included with the SOFTWARE:
Copyright © jQuery Foundation, Inc. and other contributors
Copyright © jQuery Foundation, Inc. and other contributors
Copyright © jQuery Foundation, Inc. and other contributors
Copyright © Steven Sanderson, the Knockout.js team, and other contributors
Copyright © Ryan Niemeyer
Copyright © Anders Rune
Copyright © Twitter, Inc.
Copyright © Aleksander Williams
The open source libraries included in the SERVICE are done so pursuant to each individual open source library license and subject to the disclaimers and limitations on liability set forth in each open source library license.
##SERVICE MODIFICATIONS, DISCONTINUANCE OR FAILURE
DEVSOFT may specify from time to time the version(s) of related products required in order to use the SERVICE (including, but not limited to, supported browser versions).
DEVSOFT reserves the right at any time and from time to time to modify the Service (or any part thereof). Should DEVSOFT choose to permanently discontinue the Service, it will send notification to your registered e-mail address at least sixty (60) days prior to such discontinuance and will post notification of this decision on the SERVICE web site at least thirty (30) days prior to such discontinuance. In such instance, you will be responsible for retrieving your data from the SERVICE during that sixty (60) days period.
You acknowledge and agree that DEVSOFT, in its sole discretion, may suspend or terminate your account and/or deny you access to all or part of the SERVICE, without prior notice and for any reason, including if you engage in any conduct that DEVSOFT believes: (I) violates the letter or spirit of any term or provision of the EULA, (b) violates the rights of DEVSOFT or third parties, or (c) is otherwise inappropriate for continued access and use of the SERVICE. In addition, DEVSOFT reserves the right to terminate any membership account if that account has been inactive for greater than three hundred and sixty-five (365) days. You agree that upon termination, DEVSOFT may delete all files and information related to your account and may bar your access to your account and the SERVICE.
You agree that DEVSOFT shall not be liable to you or any third party for any termination of your access to the SERVICE.
You agree that DEVSOFT has no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any projects or their embedded resources maintained by the SERVICE.
You agree that DEVSOFT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SERVICE, any resulting loss or destruction of any content that you place on the SERVICE.
##DISCLAIMER OF WARRANTY
DEVSOFT expressly disclaims any warranty for the SERVICE. THE SERVICE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DEVSOFT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. No oral or written information or advice given by DEVSOFT or its employees shall create a warranty or in any way increase the scope of this warranty.
##LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall DEVSOFT be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SERVICE even if DEVSOFT has been advised of the possibility of such damages.
END USER understands that the SERVICE and resulting SOFTWARE may produce inaccurate results because of a failure or fault within the SERVICE or failure by END USER to properly use the SERVICE and deploy the SOFTWARE. END USER assumes full and sole responsibility for any use of the SERVICE, and bears the entire risk for failures or faults within the SERVICE and resulting SOFTWARE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DEVSOFT’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DEVSOFT’S LIABILITY EXCEED THE PRICE PAID TO DEVSOFT FOR THE SERVICE. This Limited Warranty is void if failure of the SERVICE has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SERVICE.
You hereby agree to indemnify DEVSOFT and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney’s fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this EULA by you or any claims based on the SERVICE and resulting SOFTWARE.
DEVSOFT reserves the right at any time and from time to time to modify the terms of this EULA (or any part thereof).
If DEVSOFT modifies any terms, the updated document will be posted to the SERVICE web site. DEVSOFT will notify all registered END USERS via e-mail that such posting has been made. Your continued use of the SERVICE shall constitute your acceptance of the EULA with modified terms. If you do not agree to any of such changes, immediately cease all access and use of the SERVICE.
##PERSONAL INFORMATION AND CONFIDENTIALITY
DEVSOFT may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, DEVSOFT may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request.
We respect the right of END USERS to ownership of content created by them. Unless specifically permitted by END USERS, their use of the SERVICE does not grant DEVSOFT the license to use, reproduce, adapt, modify, publish or distribute the content created by them. But END USERS grant DEVSOFT permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of END USER account solely as required for the purpose of providing the SERVICE to you.
DEVSOFT may provide sample applications for the purpose of demonstrating the possibility of using the SERVICE effectively for specific purposes. The information contained in any such sample applications consists of random data. DEVSOFT makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
All title and copyrights in and to the SERVICE (including but not limited to any DEVSOFT trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and “applets” incorporated into the SERVICE, the accompanying printed materials are owned by DEVSOFT or its subsidiaries.
The SERVICE is protected by copyright laws and international treaty provisions and therefore, you must treat the SERVICE like any other copyrighted material except that you may use the SERVICE to create SOFTWARE as described in this EULA.
As required by the laws of the European Union and other countries, you agree that you: (a) understand that the SOFTWARE created using the SERVICE may be subject to export controls; (b) are not located in a prohibited destination country under European Union sanctions regulations; (c) will not export, re-export, or transfer the SOFTWARE to any prohibited destination or persons or entities without the necessary export license(s) or authorization(s); (d) will not use or transfer the SOFTWARE for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; and agree that you shall be solely responsible for compliance with any such import, use, or export restrictions.
DEVSOFT may provide you with support services related to the SERVICE (“Support Services”). Use of Support Services is governed by DEVSOFT policies and programs described in the user manual, in “on line” documentation and/or other DEVSOFT provided materials. Any supplemental products, services or resources provided to you as part of the Support Services shall be considered part of the SERVICE and subject to the terms and conditions of this EULA. With respect to technical information you provide to DEVSOFT as part of the Support Services, DEVSOFT may use such information for its business purposes, including for SERVICE support and development, unless the information is noted as confidential.
Any questions relating to the EULA which are not expressly or implicitly settled by the provisions contained in the EULA shall be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to the Agreement. Any dispute arising out of the interpretation or application of the terms of this EULA or any breach thereof shall, unless settled by negotiations, be settled in the courts of the Republic of Estonia, Harju County Court being the court of first instance.
This EULA may only be modified in writing signed by you and an authorized officer of DEVSOFT. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
DEVSOFT reserves all rights not specifically granted in this EULA.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON ACCESSING AND/OR USING OF THE SERVICE.
Copyright © 2015 Devsoft Baltic OÜ All trademarks and registered trademarks are property of their respective owners.
Should you have any questions concerning this EULA, contact us directly at email@example.com or write: J. Vilmsi tn 47, Tallinn city, Harju county, 10126, Republic of Estonia.