Oxygen XML WebHelp license

IMPORTANT:THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY
OR FOR AN ENTITY, A SINGLE LEGAL ENTITY) AND SYNCRO. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES A LICENSE
TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO
THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS,
DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY
ALL COPIES IN YOUR POSSESSION. YOU ALSO ACCEPT AND ASSENT TO THE SYNCRO PRIVACY
POLICY LOCATED AT http://www.oxygenxml.com/privacy_policy.html AND YOU AGREE
TO RECEIVE NOTICES FROM SYNCRO ELECTRONICALLY.


1. DEFINITION

   a) "Syncro" means Syncro Soft SRL.
b) "Software" means the executable code of oXygen XML Web Help plugin (DITA-Open
Toolkit plugin for generating Web Help output from DITA sources and Docbook
XML source transformation to Webhelp output as an extension of the Docbook XSL
distribution available at Sourceforge.net.), any updates or error corrections
provided by Syncro and on-line or electronic documentation.
c) "Process" means any automated process that is authorized by You to access
and use the Software through the assignment of a single process ID and includes,
without limitation, automated controls and background jobs.
d) "License Key" means a unique key-code issued to You by Syncro (or its authorized
reseller) to activate and use the Software.
e) "Maintenance Pack" is a time-limited right to technical support and Software
updates and upgrades which you may elect to purchase in addition to your Software
license. Technical support only covers issues or questions resulting directly
out of the operation of the Software. Syncro will not provide You with generic
consultation, assistance, or advice under any other circumstances.

2. LICENSE GRANTS

2.1. Upon your payment of the license fee and subject to the terms and conditions
contained herein, Syncro or its authorized reseller provides you with a License
Key and grants you a limited, non-exclusive, non-transferable license to:
a) incorporate, integrate, include and use the Software for your internal business
purpose on a Process basis meaning specific Processes are authorized to access
the Software and the total number of Processes may not exceed the total number
licensed by You.
      b) copy the Software in machine-readable form solely for backup purposes.
2.2. In addition to the rights specified above in section 2.1, You shall be
entitled to use the licensed Software by an additional Process that mirrors
or duplicates the licensed Process, solely for the purpose of testing internally
of the Software output or for backup purposes.
2.3. Certain rights are not granted under this Agreement, but may be available
under a separate agreement. If you would like to enter into a distribution agreement
contact Syncro (support@oxygenxml.com)

3. LICENSE RESTRICTIONS
3.1. You may not provide or make available by any means the License Key to any
third party. You undertake to take such steps as are necessary in order to protect
the License Key against unauthorized use.
3.2. You may not sell, rent, lease, sub-license, transfer, resell or otherwise
distribute the Software or any part thereof.
 3.3. You may not remove or obscure any copyright notices relating to the Software.

4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1. This Agreement gives you limited rights to use the Software. Syncro retains
any and all rights, title and interest in and to the Software and all copies
thereof, including copyrights, patents, trade secret rights, trademarks and
other intellectual property rights. All rights not specifically granted in this
Agreement, including International Copyrights, are reserved by Syncro. The structure,
organization and code of the Software are valuable trade secrets and confidential
information of Syncro.

5. PATENT AND COPYRIGHT INDEMNITY
5.1. Syncro will defend and indemnify You for all costs (including reasonable
attorneys fees) arising from a claim that Software furnished and used within
the scope of this Agreement infringes the copyright or other intellectual property
rights protected by United States or European Union law of any third party,
provided that: (i) You notify Syncro in writing within ten (10) business days
of the claim, (ii) Syncro has sole control of the defense and all related settlement
negotiations, and (iii) You provide Syncro with the assistance, information,
and authority necessary to perform the above.
5.2. Syncro will have no liability for any claim of infringement based on (i)
code contained within the Software which was not created by Syncro (ii) use
of a superseded or altered release of the Software, except for such alteration(s)
or modification(s) which have been made by Syncro or under Syncro' direction,
if such infringement would have been avoided by the use of a current, unaltered
release of the Software that Syncro provides to You, or (iii)the combination,
operation, or use of any Software furnished under this Agreement with programs
or data not furnished by Syncro if such infringement would have been avoided
by the use of the Software without such programs or data.
5.3. In the event the Software is held or believed by Syncro to infringe, or
Your use of the Software is enjoined, Syncro will have the option, at its expense,
to (i) modify the Software to cause it to become non-infringing, (ii) obtain
for You a license to continue using the Software, (iii) substitute the Software
with other Software reasonably suitable to You, or (iv) if none of the foregoing
remedies are commercially feasible, terminate the license for the infringing
Software and refund any license fees paid for the Software, prorated over a
three-year term from the effective date of the Agreement. This Section states
Syncro' entire liability for infringement.

6. LIMITED WARRANTIES
6.1. Syncro warrants that is holds the proper rights allowing it to license
the Software and is not currently aware of any actions that may affect its rights
to do so.
6.2. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, EXCEPT AS EXPRESSLY SET FORTH
ABOVE, SYNCRO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND
RESULTS OBTAINED FROM THE SOFTWARE. SYNCRO MAKES NO WARRANTY THAT THE SOFTWARE
WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR,
THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE. SYNCRO EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK
ACTIVITIES.

7. SUPPORT AND MAINTENANCE PACK
7.1. Subject to payment of the applicable fees for Maintenance Pack under this
Agreement Syncro shall provide maintenance and support services in accordance
with its standard maintenance and support terms for such services. Syncro technical
support policies are posted on Oxygen XML’s website (www.oxygenxml.com) and
Syncro reserves the right to amend and modify its technical support policies
from time to time, in its sole discretion.
7.2. At any time prior to the expiration of your Maintenance Pack and fourteen
(14) days after, you may purchase a renewal of your Maintenance Pack. This additional
Maintenance Pack will extend the availability of your current Maintenance Pack
for a period of time beginning with the date when your Maintenance Pack expires.
If you do not purchase any additional Maintenance Pack, you will lose the right
to technical support and Software updates and upgrades as of the date your current
Maintenance Pack expires. However, you will not lose the right to use the Software
or the technical support,updates and upgrades provided free by Syncro.
7.3. If you have purchased or already own multiple licenses and you elect to
purchase or renew their Maintenance Pack, you must purchase a Maintenance Pack
for each license.
7.4. Technical support incidents can be submitted via e-mail or by phone. Syncro
will use its best efforts to provide you with technical support within forty-eight
(48) business hours of your request.
7.5. The latest information regarding Maintenance Pack (terms and conditions,
prices, online purchase, etc.) is provided on the web site at: http://www.oxygenxml.com/support.html.

8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNCRO
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY
TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN
EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF SYNCRO OR ANY SUPPLIER, AND EVEN IF SYNCRO OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SYNCRO ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. Because some
states and jurisdictions do not allow the exclusion or limitation of liability,
the above limitation may not apply to you. In such states and jurisdictions,
Syncro's liability shall be limited to the greatest extent permitted by law
and the limitations or exclusions of warranties and liability contained herein
do not prejudice applicable statutory consumer rights of person acquiring goods
otherwise than in the course of business. The disclaimer and limited liability
above are fundamental to this Agreement between Syncro and you.

9. HIGH RISK ACTIVITIES
9.1. The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or environmental
damage ("High Risk Activities"). Syncro and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk Activities.

10. THIRD PARTY SOFTWARE
10.1. The Software contains the following third party software that requires
additional terms and conditions:
 10.1.1. jQuery JavaScript Library and jQuery Plug-Ins
10.1.2. jQuery Mobile JavaScript LibraryThe required third party software notices
and/or additional terms and conditions are located at: http://www.oxygenxml.com/thirdparty/index.html
and are made a part of and incorporated by reference into this Agreement. By
accepting this Agreement, You are also accepting the additional terms and conditions,
if any, forth therein.

11. TERMINATION
11.1. You may terminate the Agreement at any time by destroying all copies of
the Software. Syncro may terminate the Agreement and license granted herein
immediately if you breach any provision of this Agreement or at the request
of an authorized Syncro reseller in the event that you fail to make your license
payment or other monies due and payable.

12. EXPORT REGULATIONS
12.1. You acknowledge that the Software may be subject to export restrictions
of various countries. You shall fully comply with all applicable export license
restrictions and requirements as well as with all laws and regulations relating
to the importation of the Software, in the United States and in any foreign
jurisdiction in which the Software is used. Without limiting the foregoing,
the Software may not be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) any country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing to the foregoing and
you are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.

13. GENERAL
13.1. Syncro makes efforts to provide updates or new versions of the Software,
but Syncro reserves the right at any time not to release updates or new versions
of the Software or, if released, to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability
or other characteristics of the Software.
13.2. If any provision hereof shall be held illegal, invalid or unenforceable,
in whole or in part, such provision shall be modified to the minimum extent
necessary to make it legal, valid and enforceable, and the legality, validity
and enforceability of all other provisions of this Agreement shall not be affected.
13.3. This Agreement will be governed by and construed in accordance with the
laws of England and Wales. In the event of any disputes arising out of the interpretation
or performance of this Agreement, the parties shall endeavor to settle the matter
out of court prior to any court action. If no agreement can be reached to settle
a dispute concerning the interpretation or performance of this Agreement, the
competent courts of England and Wales shall have exclusive jurisdiction. Service
of process upon either party shall be valid if served by registered or certified
mail, return receipt requested and to the most current address provided by such
party. The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement.
13.4. You may not assign this Agreement in whole or in part, without Syncro
prior written consent. Any attempt by You to assign this Agreement without such
consent will be null and void.
13.5. This Agreement constitutes the entire agreement between Syncro and You
related to the Software and supersedes any and all previous and contemporaneous
understandings or agreements between the parties with respect to the same subject
matter. No purchase order, other ordering document or any other document which
purports to modify or supplement this Agreement shall add to or vary the terms
and conditions of this Agreement unless executed by both Syncro and You. Syncro's
acceptance of any purchase order placed by You is expressly made conditional
on your assent to the terms set forth in this Agreement, and not those contained
in your purchase order, and such purchase order terms shall have no effect on
this Agreement. All questions concerning this Agreement shall be directed to
support@oxygenxml.com