Xload 1.2

EULA - End User License Agreement

Xload version 1.2 End User License Agreement

Introduction

This is a Licensing Agreement between you, the end user of software, and Gubutech microsystems. Please read this document carefully.In case you do not agree with the said terms and conditions, please immediately stop using this software. You may get a refund of the licensing fee paid within 30 days from the date the product was purchased in certain circumstances (please read the refund policy for details).

Definitions

The software, software product, Xload software :- Refers to the Xload version 1.2 series software product (bytecode) AFTER ACTIVATION which includes any patch updates produced by Gubutech microsystems for this series.

Agreement, License Agreement :- the agreement between you and us incorporating these conditions.

Intellectual Property :- database rights, copyright, design rights (registered or not) trademarks (registered or not) and any other similar rights worldwide.

Liability :- all and any damage claims, proceedings, action awards, losses, and expenses whatsoever.

We. Us, our :- Gubutech microsystems.

Activation :- The process by which TRIAL Xload software has all restrictions removed.

Ownership

The Xload software, manuals, documentation, other materials and all copyright rights are owned by Gubutech microsystems. Any copyright or trademark notices, product identification marking or description or notices of proprietary restrictions may not be removed.

License Grant

By using the software from electronic download, you agree to be bound by the terms and conditions of this License Agreement.
Gubutech microsystems hereby grants you (for the Single Server Edition only) a non-exclusive, non-transferable license to use this software product as described in the user manual and Javadoc on one(1) Central Processing Unit only. You may not transfer the software product to any other Central Processing Unit. You may not adapt, translate, reverse engineer, de-compile or disassemble the software. You are not acquiring any rights of ownership in the software, manuals, documentation or other materials.
Gubutech microsystems hereby grants you (for the Five Server Edition only) a non-exclusive, non-transferable license to use this software product as described in the user manual and Javadoc on five(5) Central Processing Units only. You may not adapt, translate, reverse engineer, de-compile or disassemble the software. You are not acquiring any rights of ownership in the software, manuals, documentation or other materials.
Gubutech microsystems hereby grants you (for the Twenty Server Edition only) a non-exclusive, non-transferable license to use this software product as described in the user manual and Javadoc on twenty(20) Central Processing Units only. You may not adapt, translate, reverse engineer, de-compile or disassemble the software. You are not acquiring any rights of ownership in the software, manuals, documentation or other materials.
Gubutech microsystems hereby grants you (for the Enterprise Server Edition only) a non-exclusive, non-transferable license to use this software product as described in the user manual and Javadoc on an unlimited number of Central Processing Units only. You may not adapt, translate, reverse engineer, de-compile or disassemble the software. You are not acquiring any rights of ownership in the software, manuals, documentation or other materials.

Copying Prohibited

The software, manuals and documentation are protected by English and international copyright laws and international treaty provisions. They may not be copied, except that one(1) copy of the software may be made for backup or archival purposes. Any other copying is prohibited.

Warranty Disclaimers and Liability Limitations

XLOAD, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither Gubutech microsystems nor any of its affiliates or licensors warrants that the operation of Xload will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program which includes Xload, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Xload covered by this License. This disclaimer of warranty constitutes an essential part of this License. Gubutech microsystems liability for damages resulting from use of the software shall not exceed the amount of license fees paid by you to Gubutech microsystems under this License Agreement. Gubutech microsystems shall not in any case be liable for damages incurred by third party users of applications that incorporate Gubutech microsystems Xload software. Your implementation of Xload methods and other facilities is in no way influenced by Gubutech microsystems, its officers, employees or agents. GUBUTECH MICROSYSTEMS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR OTHER SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, MANUAL, DOCUMENTATION, OR OTHER MATERIALS, EVEN IF GUBUTECH MICROSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Breach of Agreement -

Termination Any breach of one or more of the provisions of this License Agreement shall result in immediate termination of the License. You shall then immediately discontinue use and destroy all copies of the software, manuals and documentation and supply a certificate of destruction of all copies. All provisions of this License Agreement that protect the rights of Gubutech microsystems including but not limited to maintaining confidentiality, shall survive termination. General You are responsible for compliance with all laws and regulations governing export outside the UK of any product containing the software, such as obtaining and renewing licenses or permits and financial reporting obligations. The license agreement shall be construed, interpreted and governed by the laws of the UK without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate national/federal or provincial court sitting in the UK. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. This agreement contains the entire agreement between you and us. If any provisions to this agreement are adjudged by any competent authority to be invalid or unenforceable in whole or in part the validity of the other parts of this agreement shall be unaffected and shall remain in full force and effect. Jurisdiction This agreement is governed by and interpreted in accordance with English Law and the parties hereto agree to the non-exclusive jurisdiction of the English Courts.

Headings are used are for convenience only.