XOC MAYA CALENDAR LICENSE AGREEMENT
Thank you for choosing Xoc Maya Calendar. This is a license agreement between you and Xoc Software that describes your rights to use Xoc Maya Calendar software. The short summary is that you are licensing this software to run one copy of the program on one computer for use by one person at a time. However, the details are all listed below. You will need to agree to these terms to install the software.
BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE INTERNET-BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES. Instead, you should uninstall it and delete the downloaded installation.
We do not sell our software or your copy of it - we only license it. Under our license we grant you the right to install it but only if you comply with all the terms of this agreement. This agreement applies to the software, the license keys, the media on which you received the software, and any Xoc Software updates, supplements, and services for the software, unless other terms come with them.
The software may be downloaded from mayacalendar.xoc.net.
The software is initially licensed on an evaluation basis. Your rights to use evaluation software are limited to the evaluation period, the duration of which is established in the software. You have the option to convert your evaluation rights to perpetual rights by purchasing and entering a license key. After the expiration of any evaluation period without entering a license key, most features of the evaluation software will stop running. EVALUATION SOFTWARE IS LICENSED "AS-IS," AND YOU BEAR THE RISK OF USING IT. XOC SOFTWARE GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, XOC SOFTWARE EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. Except for the permitted use described under "Remote Access" below, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. The software also is not licensed for commercial hosting.
Because the software is licensed, not sold, Xoc Software reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using Internet-based features, you may not use those features in any way that could interfere with anyone else's use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
In this agreement, "computer" means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer. If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one computer, you must obtain separate copies of the software and a separate license for each copy.
The user that primarily uses the licensed computer is the "primary user." The primary user may access and use the software installed on the licensed device remotely from any other device, as long as the software installed on the licensed device is not being used non-remotely by another user simultaneously.
A license key may be purchased from mayacalendar.xoc.net. The entry of a license key into the software associates the purchaser of the license key with the software, and allows perpetual use of a specific version of the software. You may not bypass or circumvent the entering of a license key to allow access to the software.
The license key allows you to run a one copy of the program on one computer (the licensed computer) for use by one person at a time. You may move the license key from one computer to another computer that you own by uninstalling the software from the first computer, installing it on the second computer, and re-entering the license key information on the second computer.
The license key is valuable property. It is your responsibility to protect and save the information issued with the license key. While Xoc Software may help with re-issuing a lost license key, it has no duty to do so. A license key also is issued for a specific version of the software. For specific upgrades a new license key will need to be purchased. You are responsible for keeping a backup copy of the software that works with your license key. While Xoc Software may help recovering a version of the software that works with your license key, it has no duty to do so.
You agree that license keys are to be kept private, and not published to the Internet or disseminated in any public forum. They are solely for activating properly licensed software and for no other purpose. They are not to be disseminated to parties not bound by this agreement. Because a published license key can cause significant damage to Xoc Software in allowing wide-spread piracy, you agree that publishing a license key in a public forum will result in you paying Xoc Software liquidated damages of USD $5000 or the amount of the damage, whichever is more.
If a refund or credit is issued for a license key, you must destroy all copies of the license key.
A license key is issued to a specific individual or entity and is not transferable. You may have additional consumer rights under your local laws.
If you connect your computer to the Internet, some features of the software may connect to Xoc Software or service provider computer systems to send or receive information. You may not always receive a separate notice when they connect. You agree to send or receive this information. In some cases you may be able to disable these connections.
You may not use any of our services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
This Section applies to any dispute. Dispute means any dispute, action, or other controversy between you and Xoc Software concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
If the dispute meets all the requirements of the court, you agree that any dispute will be resolved in small claims court in King County, Washington, USA.
In the event of a dispute, you or Xoc Software must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute using mayacalendar.xoc.net/contact. Xoc Software will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Xoc Software will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Xoc Software may commence small claims court action, or if that is not available, arbitration.
IF YOU AND XOC SOFTWARE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR XOC SOFTWARE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. For more information, see adr.org or call 1-800-778-7879. You agree to commence arbitration only in King County, Washington, USA.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court or in arbitration. The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then arbitration will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision is found to be illegal or unenforceable, that provision will be severed with the remainder remaining in full force and effect.
The laws of the state or country where you live govern all claims and disputes under this agreement, including breach of contact claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort. If you acquired the software in any other country, the laws of that country may apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
SUPPORT AND REFUND PROCEDURES
Xoc Software provides limited support services for properly licensed software as described at mayacalendar.xoc.net/support. These services may change without notice.
If you are seeking a refund for any reason, contact Xoc Software for information about Xoc Software's refund policies. See mayacalendar.xoc.net/refundpolicy. These policies may change without notice.
RETAIL LIMITED WARRANTY
Evaluation software is licensed "as-is" and without express warranties, guarantees and conditions. Xoc Software warrants that properly licensed software will perform substantially as described in any Xoc Software materials that accompany the software. This limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond Xoc Software's reasonable control. The limited warranty starts when the first user of your copy of the software acquires that copy, and lasts for one year. Any supplements, updates, or replacement software that you may receive from Xoc Software during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring the software will not extend the term of the limited warranty. Xoc Software gives no other express warranties, guarantees, or conditions. XOC SOFTWARE EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW XOC SOFTWARE'S EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT.
If Xoc Software breaches its limited warranty, your only remedy is the repair or replacement of the software. We also have the option to refund to you the price you paid for the software or license key instead of repairing or replacing it. Prior to refund, you must uninstall the software and destroy it and any license key issued.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM XOC SOFTWARE, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE SOFTWARE. YOU MAY NOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if Xoc Software knew or should have known about the possibility of the damages. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM XOC SOFTWARE, YOU CANNOT RECOVER MORE THAN YOU PAID FOR THE SOFTWARE.
You will need proof of purchase for service under the limited warranty. For limited warranty service, contact Xoc Software at mayacalendar.xoc.net/contact.
GEOGRAPHIC AND EXPORT RESTRICTIONS
You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
The laws of the region where the software was bought may have additional requirements. To the extent possible under law, Xoc Software will do the minimum required in addition to the terms in this license agreement necessary to match the local requirements. If any part of this agreement is unenforceable in that region, only the unenforceable portion of the agreement shall be nullified, and the rest of the agreement shall be in force.
This agreement, and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services. You can find the current version of this agreement at mayacalendar.xoc.net/licenseagreement. You can find the version that was delivered with your software by looking for the file licenseagreement.rtf in the directory where the software was installed, or by clicking the link in the "about" dialog within the program.
ADDITIONAL LICENSE AGREEMENTS
These license agreements are for the third party code relied on and either incorporated into Xoc Maya Calendar or shipped with it. They apply only to the relevant parts of the included code. You agree to be bound by these agreements as well.
The Caliburn.Micro Library is licensed using this license:
The MIT License (MIT)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The AutoUpdated.NET code is licensed using this license:
Microsoft Public License (Ms-PL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The WPF Localization Using RESX Files library is licensed using this license:
The Code Project Open License (CPOL) 1.02
This License governs Your use of the Work. This License is intended to allow developers to use the Source Code and Executable Files provided as part of the Work in any application in any form.
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Source Code can be modified to create derivative works.
No claim of suitability, guarantee, or any warranty whatsoever is provided. The software is provided "as-is".
The Article accompanying the Work may not be distributed or republished without the Author's consent
This License is entered between You, the individual or other entity reading or otherwise making use of the Work licensed pursuant to this License and the individual or other entity which offers the Work under the terms of this License ("Author").
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The NLog logging software library is licensed using this license:
Copyright (c) 2004-2011 Jaroslaw Kowalski [firstname.lastname@example.org]
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Jaroslaw Kowalski nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright © 2014 Xoc Software. All rights reserved.