YOUR RIGHT TO USE THE PRODUCT DELIVERED IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT. USING THIS PRODUCT SIGNIFIES YOUR AGREEMENT TO THESE TERMS.

IMPORTANT !  Read carefully:

This License Agreement ("AGREEMENT") is a legal agreement between you ("CUSTOMER") and the XITEX Software ("XITEX") for the software product Xitex WebContent M1, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, CUSTOMER agrees to be bound by the terms of this AGREEMENT. If CUSTOMER does not agree to the terms of this AGREEMENT, he must not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. XITEX grants, and the CUSTOMER accepts, a nontransferable and nonexclusive License to use the SOFTWARE PRODUCT on the following terms and conditions:

1. GRANT OF LICENSE

This AGREEMENT grants CUSTOMER the following rights: Installation and Use.

Each copy of the Software is licensed for use only on a single URL. Each license is valid for the number of seats listed after the product’s name. Any use of the Software beyond the number of authorized seats contained in the Package without paying additional license fees as provided herein shall cause this license to terminate. Should CUSTOMER wish to add seats beyond the seats licensed in the Basic Package, the CUSTOMER may add seats with current price for additional seats (see additional licenses page for current price). 

For purposes of this section, the term “seat” shall mean an individual user provided access to the capabilities of the Software.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations.
CUSTOMER may not alter, modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use.

Software Transfer.
CUSTOMER may permanently transfer all of hisrights under this AGREEMENT, provided the recipient agrees to the terms of this AGREEMENT.

Termination.
Without prejudice to any other rights, the Author of this Software may terminate this AGREEMENT if CUSTOMER fails to comply with the terms and conditions of this AGREEMENT. Then he loses the right to use this SOFTWARE PRODUCT and all of its component parts.

Distribution.
The SOFTWARE PRODUCT may not be sold or be included in a product or package which intends to receive benefits through the inclusion of the SOFTWARE PRODUCT.

3. COPYRIGHT

All titles and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed and electronic materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, CUSTOMER must treat the SOFTWARE PRODUCT like any other copyrighted material except that CUSTOMER may install the SOFTWARE PRODUCT on a single computer provided he keeps the original solely for backup or archival purposes.

4. DURATION

This AGREEMENT shall continue so long as CUSTOMER uses the SOFTWARE PRODUCT in compliance with this AGREEMENT. Should CUSTOMER breach any of its obligations hereunder, CUSTOMER agrees to return all copies of the Software and this License upon notification and demand by XITEX.

5. LIMITED WARRANTY

The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with CUSTOMER.

6. LIABILITY FOR DAMAGES

In no event shall the author of this SOFTWARE PRODUCT be liable for any 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 this product, even if the Author of this Software has been advised of the possibility of such damages.

If CUSTOMER fail to comply with any term of this AGREEMENT, HIS LICENSE IS AUTOMATICALLY TERMINATED. This License represents the entire understanding between the parties with respect to its subject matter.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE PRODUCT ONTO YOUR HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN XITEX AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.

Copyright 1999 - 2004 XITEX Software. All rights reserved.
Revision 1.2