XmlInfo 1.03

EULA - End User License Agreement

NOTICE: By installing, operating, copying, distributing, or otherwise using XML Info, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL XMLInfo Framework. License. Conditioned on your honouring the terms of this Agreement, WORKMEDIANET grants you a non-exclusive, non-transferable license (the "License") to install and use the current version of WORKMEDIANET's software product XMLInfo Framework, including the accompanying user documentation and any later versions within the same major release series (collectively, "XMLInfo Framework"), for your personal, lawful, non-infringing use on any number of personal computers or workstations in accordance with this Agreement. Trial Period. The License extends for a single Trial Period of 1 year following your first installation of XMLInfo to permit you to evaluate XMLInfo. The License will terminate automatically at the end of the Trial Period unless you register your copy of XMLInfo first. You may not use XMLInfo for more than one Trial Period. Long Term License. If you register your copy of XMLInfo with WORKMEDIANET and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below. Trial Distribution. a. You may provide copies of XMLInfo to others for their trial use so long as you: provide exact, unmodified copies of XMLInfo in the form of the self-installing .exe file or the ZIP file received from WORKMEDIANET, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices; b. do not charge or collect any monetary or other compensation for or in connection with XMLInfo, apart from a modest reproduction or handling fee; and c. reference WORKMEDIANET as the sole source of XMLInfo and reference the official XMLInfo website www.XMLInfo.com. Back-Up Copies. You may make up to two exact, unmodified copies of XMLInfo solely for your own back-up or archival use. Prohibited Acts. You may not: a. sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer XMLInfo or any copy or portion thereof, except for Trial Distribution as permitted above; b. use XMLInfo to provide service bureau or time-sharing services to any other party; c. make any copies of XMLInfo except as permitted herein; d. modify, enhance, or prepare derivative works based on XMLInfo; e. decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of XMLInfo; f. use or incorporate XMLInfo or any portion thereof in any other product without the prior written permission of WORKMEDIANET; or g. remove, alter, or obscure the copyright, trademark, proprietary, or other notices from XMLInfo or any of its screen displays. Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual property rights in XMLInfo and all copies thereof shall remain solely in CM Computer Enterprises, Inc (CMCEI) with WORKMEDIANET designated as owning exclusive rights to selling XMLInfo. XMLInfo is protected by U.S. copyright and other intellectual property laws and by international treaties. WORKMEDIANET reserves to itself all rights not expressly granted in this Agreement. No Warranty. XMLInfo and all related support and advice are provided "AS IS" and without warranty of any kind. WORKMEDIANET disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Third Party Information. XMLInfo searches, and provides information from, various third party sources which are not practicable for WORKMEDIANET to verify. WORKMEDIANET makes no warranty, and shall have no liability, with respect to the accuracy, completeness, currency, usefulness, legality, non-infringement, or any other aspect of any third party information, images, files, programs, or other items obtained by means of XMLInfo. Other Disclaimers. WORKMEDIANET does not warrant that XMLInfo will meet your specific needs or requirements, nor that XMLInfo will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation of XMLInfo will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be completely free of errors, and because third party information has not been verified by WORKMEDIANET, you must verify all results before relying on them. Exclusion of Damages. WORKMEDIANET shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use XMLInfo or any support, advice, products, or services which are or should have been provided to you, even if WORKMEDIANET has been advised of the possibility of such damages. Technical Protection. XMLInfo may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. WORKMEDIANET shall not be liable for any damages incurred as a result of such technical protections or the failure of XMLInfo to operate outside the scope of the License. No Third Party Claims. WORKMEDIANET shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights. Time to File Action. No action arising under or relating to this Agreement, to XMLInfo, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues. Applicability. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you. Termination for Breach. WORKMEDIANET may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of WORKMEDIANET's rights in XMLInfo. Termination without Breach. WORKMEDIANET may terminate the License upon ten days written notice if WORKMEDIANET believes that your use of XMLInfo may infringe any third party rights. If such termination occurs within 24 months of your first installation of XMLInfo, WORKMEDIANET will provide you a modified, non-infringing version of XMLInfo and reinstate the License. Duties on Termination. Immediately upon termination of the License, you must stop using XMLInfo and destroy all copies of XMLInfo within your possession, custody, or control. No Assignment. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void Enforcement Costs. You agree to reimburse WORKMEDIANET for all costs, including reasonable attorney's fees, incurred to enforce any of WORKMEDIANET's rights under this Agreement or in XMLInfo or to defend any claims you assert unsuccessfully against WORKMEDIANET. Severability. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement. Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States of America. All disputes arising under this Agreement or in connection with XMLInfo shall be resolved in the state or federal courts serving Fairfax County, Virginia, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction. Entire Agreement. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of XMLInfo and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and WORKMEDIANET. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and WORKMEDIANET.