License xox interactive for Free Software F-01 (English Version)
Copyright (C) xox interactive. All Rights Reserved.
Last updated: January 1, 2014
Version: Initial Version 1.0
- You agree to be bound by all of this agreement.
- You may use the respective software for free.
- You take all the risks.
Please read all of the document to understand all details of this agreement.
Notice about Revisions and Versions of this Document
This document may be revised or updated without notice. You are advised to review it regularly. We will publish updated versions of this document on our internet site (http://www.xoxinteractive.com). Details on updates can be found at the beginning of this document.
Please notice that we are a German company and bound by German law. For your convenience we have translated our German documents into English as well. In case of a discrepancy between the English and the German version of the same document the German version prevails. You can find the German version of this document here: http://xoxinteractive.com/company/deutsch-german/dokumente/lizenz-xox-interactive-freie-software-f-01-deutsche-version/.
The following is a legal agreement ("Contract", "Agreement") between You ("You") and the owners and operators of xox interactive ("xox interactive", "We", "Us").
Subject-Matter of this Agreement
This Agreement is only covering this respective software (the "Software"), which referred to this document or which has been shipped with the Software. Other software and our website have their own agreements.
By downloading, installing or using the Software You agree to be bound by the terms of this Agreement. If You do not agree with any of the Terms, please do not use the Software and uninstall it.
Description of Allowed and Prohibited Usage
The Software is free for use in any environment, including but not necessarily limited to: personal, academic, commercial, government, business, nonprofit, and for-profit. "Free" in the preceding sentence means that there is no cost or charge associated with the installation and use of it.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software, to use the Software without restriction, including the rights to use, copy, publish, and distribute the Software, and to permit persons to whom the Software is furnished to do so.
You may not modify, adapt, rent, lease, loan, sell, or create derivative works based upon the Software or any part thereof.
The above copyright notice and this permission notice applies to all copies of the Software.
Disclaimer of Warranty
THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL WE, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Interpretation of the 'Disclaimer of Warranty' and the 'Limitation of Liability'
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Software, unless a warranty or assumption of liability accompanies a copy of the Software in return for a fee.
If any provision of the contract shall be invalid or impracticable in whole or
in part this shall not affect the validity of the remaining part of this Contract.
In lieu of the invalid or impracticable provision an appropriate provision
shall apply which is nearest to the intent of the contracting parties of to what
would have been their intention in keeping with the meaning an purpose of
the contract if they had considered this issue at the conclusion of the contract
or at a later addition of a provision.