XTension End User License Agreement (EULA)
By using this program you agree to be bound by this EULA and to hold the authors of XTension not-responsible for any damages or adverse effects that may result from your use of the software. If you cannot agree to this you are entitled to a refund of the purchase price.
This EULA comes into force upon your executing the software for the first time and is effective indefinitely. The Licensor hereby grants to the User from the date of purchase a worldwide, non-exclusive license to run a single instance of the program per license purchased in accordance with the documentation. No limitations are placed on the number of installations or “backup” copies on the same or other machines as long as they are not running at the same time.
The User may not sub-license, resell, sell, rent, lease, loan, supply, publish, distribute or re-distribute the software. The User may transfer ownership of a single license to anyone at anytime. Meaning that you can sell or give away your license, but you cannot go into business selling your copy of XTension or setting up installs for people without having them purchase their copies directly from us without a prior written agreement with us.
The User is responsible for the security of their software license and will take reasonable precautions, including all reasonable security measures to ensure that their license does not become public or be released in a way that could cause it to be distributed.
The User must understand that while XTension provides many features to help guard their systems security, ultimately how they use the software and the choices they make are their own responsibility and not that of the Licensor. Even if a security issue is later found to be the fault of a problem with the software you will not hold the Licenser liable.
Nothing in this agreement gives the User or any other person the right to access or use the source code or constitutes any license of the source. Nothing in this EULA assigns or transfers any intellectual property rights from the licensor to the User or from the User to the licensor.
XTension support is provided through the XTension Email Mailing List and through direct email to the authors. The Licensor shall provide reasonable maintenance and support services through these channels and possibly others in the future to the User. The Licensor may suspend the provision of support services if any amount due to be paid by the User is overdue.
The User agrees that the software is supplied As Is. The software will be supplied free from viruses, trojans, ransomware, spyware, adware or any other malicious software programs and the software shall incorporate security features reflecting the requirements of good industry practice. The user also agrees that XTension is a development environment and not a completed system. XTension provides tools for the user to build their own system and so the security and functionality of that system is the responsibility of the user. If the tools XTension provides do not meet their needs or they are unwilling or unable to use the tools provided to create a safe and secure system their remedy is limited to a refund of the purchase price within 30 days of purchase.
Unless otherwise explicitly agreed to in writing by the Licensor, the Licensor makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties or merchantability or fitness for a particular purpose other than as set forth in this agreement or in any limited warranty documents that might be provided with the software.
Licensor makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. Licensor makes no warranty that operation of the Software will be secure, error free, or free from interruption. You must determine whether the software product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility for all liability, for any loss incurred due to failure of the software product to meet your requirements. Licensor will not, under any circumstances, be held responsible or liable for any loss of data on any computer or device, nor any property or personal damage that results from your use of the Software.
Under no circumstances shall Licensor, or any of it’s employees, family or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages or any kind. Including lost revenues or profits or loss of business or personal property resulting from this agreement or from the furnishing, performance, installation or use of the Software, whether due to a breach of contract, breach of warranty or the negligence of the Licensor or any other party, even if licensor is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits licensors ability to disclaim any implied warranties this disclaimer shall be effective to the maximum extent permitted.
The User will not hold the licenser responsible for any damages of any type that may result from controlling devices who's correct or incorrect remote control or failure to remote control may result in property damage or loss of life. An example would be thermostats failing and causing pipe freezing, fireplace remote controls causing fires or any other damages caused by remote controlling or failing to remote control any device upon which you rely. Always have backups for vital systems. Do not use XTension to control your patients ventilators. If you wish to build a nuclear reactor control system with XTension you agree to contract with the authors as they would love to help with such a project.
The User and Licensor mutually agree that they can legally enter into this agreement with each other.
The User acknowledges that complex software is never wholly free from defects, errors and bugs. The Licensor gives no warranty and makes no claims that the software is wholly free from bugs. The User acknowledges that software and computer security is a rapidly evolving field and that no complex software can ever be completely guaranteed free of potential security issues. The User acknowledges that software compatibility with 3rd party devices and software is also a rapidly evolving field and that frequent updates may be necessary to stay fully compatible with any specific device or system with which we can connect. The Licensor may choose to drop support or downgrade support for any supported device at any time for any reason. If the user is dissatisfied with the state of the software support, security implementations or device support they may return their license for a refund within 30 days. No guarantee is issued by the licensor that the software will continue to support any device or protocol. The User acknowledges that the Licensor will not provide any legal or financial advice in relation to the use of the software and the User may become liable for their own use of the software. The Licensor does not guarantee or warrant that the use of the software by the user will not give rise to legal liability on the part of the User or any other person. In other words, you are responsible for your use of the software and any problems that your use of the software might cause for the safety of your property, other people or their property.
The licensor shall indemnify and keep indemnified the User against any and all liabilities suffered or incurred by the User arising directly or indirectly as a result of any breach by the Licensor of this EULA. The User will alert the Licensor immediately upon becoming aware of an actual or potential Licensor Indemnity event. The User will provide all assistance reasonably requested by the Licensor in relation to the event. The User will allow the Licensor the exclusive conduct of all disputes and proceedings with third parties relating to the event and not admit liability to any third party in connection wth the event. The user will not settle any disputes or proceedings with a third party relating to the event without prior written consent of the Licensor.
The User shall indemnify and keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expensive including legal expenses reasonably paid in settlement of legal claims, suffered by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA.
The User shall indemnify and keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expensive including legal expenses reasonably paid in settlement of legal claims, suffered by the User and arising directly or indirectly as a result of their use of the software. The Licensor will not be liable to the User for any losses arising out of a Force Majeure event. The Licensor will not be liable to the User for any loss of revenue or income. The Licensor will not be liable to the User for any loss of business, contracts or opportunities. The licensor will not be liable to the User for any loss or corruption of any data, database or software. The Licensor will not be liable to the User for any special, indirect or consequential loss or damage. The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amount payable by the User to the Licensor in the 12 month period preceding the event or events. The aggregate liability of the Licensor to the User under this EULA will not exceed the total amount paid by the User to the Licensor under this EULA.
Either party may terminate this agreement at any time by giving not less than 30 days written notice to the other party. Either party may terminate this EULA immediately by giving written notice of termination to the other if either party commits any breach of this EULA and the breach is not remediable. If the breach of this EULA is remediable but the other party fails to remedy within a period of 30 days from a written notice requesting the remedy. The other party breaches this EULA irrespective of it being a material or non-material breach.
Either party may terminate this EULA immediately by giving written notice of termination if the other party is dissolved, ceases to conduct all, or substantially all, of it’s business, is or becomes unable to pay it’s debts as they fall due, is or becomes insolvent or is declared insolvent or convenes a meeting to make any arrangement with it’s creditors. An administrator, liquidator, receiver trustee or manager is appointed over any of the assets of the other party. The other party dies, the other party suffers illness or incapacity so that they are incapable of managing their own affairs or the other party is the subject of bankruptcy.
The Licensor may terminate this agreement immediately by giving written notice to the user if any amount due to be paid remains unpaid upon the date that the written notice is given and the licensor has given to the user at least 30 days written notice to pay.
If this agreement is terminated for any reason by either party the User must immediately cease to use the Software and permanently erase any records of their serial number and all Software and configuration files such as the XTension database.
If any provision of the EULA is determined by any court or other competent authority to be unlawful or unenforceable the other provisions or parts of this EULA will continue in effect.
This agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate or agree to any amendment or settlement under or relating to this EULA are not subject to the consent or any third party.
Nothing in this agreement shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation or any other liability of a party that may not be excluded or limited by applicable law.
This agreement constitutes the entire agreement between the parties in relation to the subject matter of this document and shall supersede all previous agreements or understandings between the parties on this subject.
This agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice of law provisions.