End user agreement for xFunction for Mac OS X
Excelsior Evaluation Software License Agreement
This License Agreement ("Agreement") is a legal agreement between you
(either an individual or a single entity) and Excelsior, LLC ("Excelsior")
for the Excelsior software product identified above, which includes computer
software, electronic documentation, and the associated printed materials
("Software"). By installing, copying or otherwise using the Software, you
agree to be bound by the terms of this Agreement. If you do not agree to
the terms of this Agreement, you may not download or use the Software and
have to destroy all copies of the Software in your possession.
Excelsior hereby grants to you a non-exclusive, non-transferable license to
use the accompanying Software for the sole purposes of evaluation on the
You may: a. use the Software on any single computer; b. use the Software
on a second computer as long as the first and second computers are not
used simultaneously; and c. copy the Software for backup purposes,
provided any copy must contain all of the original Software's proprietary
You may not: a. permit other individuals or entities to use the Software;
b. modify, translate, reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software; c. copy the Software (except for
back-up purposes); d. rent, lease, or otherwise transfer rights to the
Software; or e. remove any proprietary notices or labels on the Software.
The Software is in "use" on a computer when it is loaded into temporary
memory (i.e., RAM) or installed into permanent memory (e.g. hard disk, CD-
ROM) of that computer.
Title, ownership rights, and intellectual property rights in and to the Software,
and any copies of the Software shall remain with Excelsior and/or its
suppliers. The Software is protected by the copyright laws of the Russian
Federation and international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software is the property of the applicable content owner and may be
protected by applicable copyright or other law. This License gives you no
rights to such content.
SERVICE AND SUPPORT
The service and support that Excelsior offers for the Software under this
Agreement are limited to the service or support, if any, that is freely available
on Excelsior's Web site.
This license terminates automatically in 30 days after you begin your
evaluation use of the Software.
This license will also terminate automatically if you fail to comply with the
limitations described above. On termination, you must destroy all copies of
The Software is supplied on an "as is" basis, and you will bear all risks as to
quality and performance of the program. Without limiting the generality of the
foregoing, (i) you assume the entire cost of any service or repair and of any
damage resulting from the information contained in or compiled by the
Software, and (ii) you assume all responsibilities for selection of the Software
to achieve your intended results, and for the installation of, use of, and
results obtained from the Software.
EXCELSIOR MAKES NO OTHER EXPRESS WARRANTY AND NO
WARRANTY OF NO INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD; SOME COUNTRIES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
LIMITATIONS MAY NOT APPLY TO YOU. NO EXCELSIOR DEALER,
AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO
COUNTRY OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL EXCELSIOR OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
EXCELSIOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, IF
ANY, EVEN IF EXCELSIOR SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
This Agreement is the entire Agreement between us and supersedes
any other communications, advertisements, or understandings with
respect to the Software.