xcware END USER LICENSE AGREEMENT

PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”) SHALL GOVERN YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE. IN THIS EULA, “YOU” MEANS THE “CUSTOMER” NAMED IN THE ORDER FORM TO WHICH THIS EULA IS ATTACHED.

FREE EDITION LICENSE

The FREE EDITION LICENSE refers to the xcware Free Edition of the xcware Universal Computing Platform. By downloading and using any components of the xcware Free Edition, you agree to the following conditions:

1. License Duration:
   The xcware FREE EDITION LICENSE never expires.
   
   
2. Usage Limitation:
   The xcware Free Edition is permitted for use only in non-production environments, for evaluation or development purposes.
   
   
3. Commercial Restrictions:
   You may not use the xcware Free Edition to provide commercial services, such as hosting virtual machines for clients. However, offering consultancy services, including advice and guidance on using the Free Edition, is allowed.
   
   
4. Prohibited Actions:
   You are prohibited from modifying, reverse-engineering, or redistributing any components of the xcware Universal Computing Platform without prior written consent from xcware Cloud Solutions.
   
   
5. Security Responsibility:
   You are responsible for maintaining the security of your environment where the xcware Free Edition is used. You must ensure that unauthorized users do not gain access to the software.
   
   
6. Support Limitations:
   No support is provided for the xcware Free Edition beyond basic email support. While updates and security patches may be offered, xcware Cloud Solutions is not obligated to provide technical assistance.
   
   
7. Scope of Support:
   Support is limited to the xcware Universal Computing Platform and its associated services. Custom solutions or deployments you create are not covered. Although you may contact support for inquiries, xcware Cloud Solutions is not required to provide responses or assistance on matters outside of the platform.
   
   
8. Security Patches:
   Security patches are installed automatically. If manual installation is required, you must follow the instructions provided by the xcware Support team.
   
   
9. Disclaimer of Warranty:
   The xcware Free Edition is provided "AS-IS," without any form of indemnification, support, or warranty, express or implied. xcware Cloud Solutions is not liable for any damages, losses, or legal claims resulting from the use of the software.
   
   
10. Termination:
    This license may be terminated if any terms of the agreement are violated.
    
    
11. Jurisdiction:
    This license is governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
    
    
12. Open Source Components:
    The xcware Free Edition may include open source components governed by their own licenses. These components may impose additional terms and conditions, and their inclusion does not imply endorsement or warranty from xcware Cloud Solutions.
    
    
13. Limitation of Liability for Open Source Software:
    xcware Cloud Solutions is not responsible for any damages, losses, or legal claims arising from the use of open source components or their respective licenses. Users should review the licenses of any included open source components to understand their rights and obligations.
    
    
14. Access to Private Repositories:
    xcware Cloud Solutions may grant you access to private source code repositories on platforms such as GitHub. You are authorized to view the code solely for compliance and audit purposes. Any modification, alteration, distribution, compilation, or other use of the code is strictly prohibited without prior written consent from xcware Cloud Solutions.
    
    

PAID EDITION LICENSE

This PAID EDITION LICENSE applies to the xcware Core, Sparks, and Volant Editions of the xcware Universal Computing Platform. By downloading and using any components of the xcware Paid Editions, you agree to the following conditions:

1. License Term:
   The license is valid for one (1) year, plus a 15-day grace period, starting from the date of the order. Upon expiration, the license must be renewed to continue using the software. Failure to renew the license will result in the required cessation of all software use.
   
   
2. License Key Usage:
   The License Key is restricted to a single installation and cannot be used for multiple installations. However, the same License Key may be used to create a Nexus cluster.
   
   
3. Prohibition on Modification and Redistribution:
   You are prohibited from modifying, reverse-engineering, or redistributing any components of the xcware Universal Computing Platform without prior written consent from xcware Cloud Solutions.
   
   
4. Security Responsibility:
   You are responsible for ensuring the security of your environment where the xcware Universal Computing Platform is deployed. This includes protecting the software from unauthorized access.
   
   
5. Priority Support:
   Priority support is available via email, phone, or online meetings. To initiate a support request, please contact us at support@xcware.com or visit https://xcware.com/support.
   
   
6. Scope of Support:
   Support is limited to the xcware Universal Computing Platform and its associated services. xcware Cloud Solutions is not responsible for supporting or troubleshooting any custom solutions or deployments developed by you. While we will make efforts to assist with inquiries, we are not obligated to respond or provide support for matters outside the scope of the xcware platform.
   
   
7. Security Patches:
   Security patches are automatically provided and installed. In cases where a manual installation is required, you are responsible for following the instructions provided by the xcware Support team.
   
   
8. Disclaimer of Warranty:
   The xcware Universal Computing Platform is provided "AS-IS," without any form of indemnification or warranty, whether express or implied. xcware Cloud Solutions disclaims any liability for damages, losses, or legal claims arising from the use of the software.
   
   
9. Termination:
   xcware Cloud Solutions reserves the right to terminate this license if any terms of this agreement are violated.
   
   
10. Jurisdiction:
    This license agreement is governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
    
    
11. Open Source Components:
    The xcware Universal Computing Platform may include open source components, each governed by its own license. These components may impose additional terms and conditions. The inclusion of open source components does not imply any endorsement or warranty from xcware Cloud Solutions. Users are advised to review the licenses of included open source components to understand their rights and obligations.
    
    
12. Limitation of Liability for Open Source Software:
    xcware Cloud Solutions assumes no liability for any damages, losses, or legal claims resulting from the use of open source components or their associated licenses.
    
    
13. Access to Private Repositories:
    xcware Cloud Solutions may grant access to private source code repositories (e.g., on GitHub). You may view the code solely for compliance with your business and audit policies. Any modification, distribution, compilation, or other use of the code is strictly prohibited without prior written consent from xcware Cloud Solutions.
    
    

CLIENT TOOLS LICENSE

This CLIENT TOOLS LICENSE refers to the xcware Nexus Application and Vista Connect client software, both components of the xcware Universal Computing Platform. By downloading and using any part of the xcware Client Tools, you agree to the following terms:

1. License Duration:
   The xcware CLIENT TOOLS LICENSE is perpetual and does not expire.
   
   
2. Prohibition on Modification:
   You are prohibited from modifying, reverse-engineering, decompiling, or attempting to extract the source code of the xcware Client Tools without prior written consent from xcware Cloud Solutions.
   
   
3. Redistribution Rights:
   You may redistribute the xcware Client Tools solely for the purpose of enabling users to connect to your xcware environment, provided that no modifications are made to the software.
   
   
4. Security Responsibility:
   You are responsible for ensuring the security of the xcware Client Tools and preventing any unauthorized access or use of the software.
   
   
5. Support Terms:
   Support for the xcware Client Tools is governed by the terms outlined in the respective FREE EDITION LICENSE or PAID EDITION LICENSE under which the software is being used.
   
   
6. Security Updates:
   Security patches will be installed automatically. In cases where a manual installation is required, you must follow the instructions provided by the xcware Support team to apply the patch manually.
   
   
7. Disclaimer of Warranty:
   The xcware Client Tools are provided on an "AS-IS" basis, without any indemnification, warranty, or guarantee, whether express or implied. xcware Cloud Solutions disclaims all liability for any damages, losses, or legal claims resulting from the use of the software.
   
   
8. Termination:
   xcware Cloud Solutions reserves the right to terminate this license if any terms of this agreement are breached.
   
   
9. Jurisdiction:
   This license agreement is governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
   
   
10. Open Source Components:
    The xcware Client Tools may incorporate open source components, each governed by its respective license. These components may impose additional terms and conditions, and xcware Cloud Solutions disclaims any endorsement or warranty regarding their use. Users are encouraged to review the licenses of any included open source components to understand their rights and obligations.
    
    
11. Limitation of Liability for Open Source Software:
    xcware Cloud Solutions assumes no liability for any damages, losses, or legal claims arising from the use of open source components or their licenses.
    
    
12. Access to Private Repositories:
    xcware Cloud Solutions may grant you access to private source code repositories on platforms such as GitHub. You are authorized to view the code solely for compliance and audit purposes. Any modification, alteration, distribution, compilation, or other use of the code is strictly prohibited without prior written consent from xcware Cloud Solutions.