SVAR Trial License Agreement

By installing or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.

1. LIMITED LICENSE GRANT
XB Software Sp. z o.o. (“XB Software”) grants to you (“Licensee”) a non-exclusive, non-transferable, worldwide, royalty-free license to use this evaluation version of SVAR SOFTWARE (the “Software”).

The Licensee has the right to use the Software only for evaluation purposes not longer than for the period of time defined by XB Software, or not longer than 30 days commencing on the first day you used the Software if that period wasn't defined (the “Evaluation Period”). If you want to use this software after the Evaluation Period, you must acquire from XB Software for a fee a commercial license (Developer, Application, Team, or Enterprise) for the Software.

The Licensee may apply for free-of-charge consultations on the product during the Evaluation Period.

a. General Restrictions
Software may not be transferred, leased, copied, modified, assigned, or sublicensed, in whole or in part.

Distribution of the Software or part(s) of it in any form is forbidden.

Usage of the Software after the end of Evaluation Period is forbidden.

The Software may not be used in any commercial project or production environment during the Evaluation Period.

IF THESE RESTRICTIONS ARE NOT ALLOWED BY YOUR RESPECTIVE LAW, THEN CONTACT XB Software TO CHECK IF SOME RESTRICTIONS CAN BE WAIVED IN YOUR CASE. THE WAIVER CAN ONLY BE GIVEN BY WRITTEN CONSENT.

b. Disclaimer of Warranty
The Software is provided “AS IS,” without a warranty of any kind.

ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

IF THIS DISCLAIMER IS NOT ALLOWED BY YOUR RESPECTIVE LAW, THEN CONTACT XB Software TO CHECK IF THE DISCLAIMER CAN BE WAIVED IN YOUR CASE. THE WAIVER CAN ONLY BE GIVEN BY WRITTEN CONSENT.

c. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XB Software SHALL NOT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING FROM THE USE OF, THE INABILITY TO USE, OR DOWNLOADING OF THE SOFTWARE, EVEN IF XB Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THIS LIMITATION IS NOT ALLOWED BY YOUR RESPECTIVE LAW, IN ANY CASE, XB Software's TOTAL LIABILITY UNDER THIS LICENSE AGREEMENT (INCLUDING ANY ADDITIONAL TERMS) SHALL NOT EXCEED THE AMOUNT OF 5 (FIVE) US DOLLARS.

2. COPYRIGHT
XB Software and its licensors retain all ownership rights to the Software and related documentation. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of XB Software are owned by XB Software.The Licensee shall not, and shall ensure that third parties do not, challenge XB Software's ownership of this intellectual property.

Any open-source components included with the SOFTWARE are provided under their respective open-source licenses and subject to their terms.

Use of the Software and related documentation is governed by the license agreement accompanying the Software and applicable copyright law. The documentation of the Software must always follow the Software. Making unauthorized copies, adaptations, or compilation works is prohibited. XB Software may revise this documentation from time to time without notice.

THIS DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL XB Software BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM ANY ERROR IN THIS DOCUMENTATION.

The Software and its documentation come with no warranty, without any limitation. XB Software accepts no liability of any kind arising from any use of the Software or its documentation. If your law doesn't allow this, then do not use this software and documentation.

3. MISCELLANEOUS
The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE FOR EVALUATION PURPOSES, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.