End-User License Agreement (“EULA”)

LAST UPDATED: 02/14/2019

We know that reading EULAs isn’t very exciting, but this is important. Please take your time to review and ensure you understand the terms of this document before proceeding to use XGASOFT products in your own work.

If you have any questions or concerns about the terms outlined in this document, please feel free to contact us at contact@xgasoft.com or by visiting our Contact & Support page.

 

LICENSE AGREEMENT

This License Agreement (the “Agreement”) is entered into by and between XGASOFT (the “Licensor”), and you (the “Licensee”). This agreement is legally binding, and becomes effective when you purchase and/or download a free product from XGASOFT or authorized third-party distributors. If you do not agree to the terms of this Agreement, do not purchase, download, or otherwise use XGASOFT products.

In order to accept this Agreement, you must be at least eighteen (18) years of age or whatever age is of legal majority in your country. Otherwise, you must obtain your parent’s or legal guardian’s approval and acceptance of this Agreement in your stead. XGASOFT accepts no liability for your failure to meet this requirement.

XGASOFT delivers content through authorized third-party distributors, each of which may require its own separate End-User License Agreement (“EULA”). XGASOFT accepts no liability for the terms of any third-party agreements, nor for your failure to meet them.

 

STANDARD LIFETIME LICENSE

This is a license, not a sale. XGASOFT retains ownership of all content (including but not limited to any copyright, trademarks, brand names, logos, software, images, animations, graphics, video, audio, music, text, and tutorials) comprising digital products and services offered by XGASOFT (the “Property”). All rights not expressly granted are reserved by XGASOFT.

Subject to your acceptance of the terms of this Agreement, XGASOFT grants you a worldwide, revocable, non-exclusive, non-transferable, and perpetual license to download, embed, and modify for your own purposes XGASOFT Property solely for incorporation with electronic applications and other interactive media, including both commercial and non-commercial works, wherever substantial value has been added by you.

Any source code included as part of XGASOFT Property must be compiled prior to redistribution as an incorporated work, whether for commercial or non-commercial purposes.

 

PATREON LIMITED LICENSE

When you register as a recurring financial supporter of XGASOFT through Patreon (Patreon, Inc.), XGASOFT may provide free access to XGASOFT Property as a reward, subject to the terms of each contribution tier. This is a privilege, not a right.

XGASOFT retains ownership of all content (including but not limited to any copyright, trademarks, brand names, logos, software, images, animations, graphics, video, audio, music, text, and tutorials) comprising digital products and services offered by XGASOFT (the “Property”). All rights not expressly granted are reserved by XGASOFT.

Subject to your acceptance of the terms of this Agreement, XGASOFT grants you a worldwide, revocable, non-exclusive, non-transferable, and temporary license to download, embed, and modify for your own purposes XGASOFT Property solely for incorporation with electronic applications and other interactive media, including both commercial and non-commercial works, wherever substantial value has been added by you.

Any source code included as part of XGASOFT Property must be compiled prior to redistribution as an incorporated work, whether for commercial or non-commercial purposes.

This license shall remain effective for the duration of your subscription to XGASOFT through Patreon. In the event that you cancel or reduce your contribution to a lower tier not qualifying for free access to XGASOFT Property, this license will be considered revoked and void for any and all public commercial and non-commercial activities. In order to continue using XGASOFT Property publicly, you must purchase a standard lifetime license.

This limitation shall not be applied retroactively, so that any existing, complete, and publicly available commercial and non-commercial properties using XGASOFT Property will not be considered in violation of this agreement.

 

SINGLE-USER

This Agreement grants one (1) user an applicable license to use XGASOFT Property on unlimited devices. This license may not be transferred, shared with, or sold to other users.

However, you, the Licensee, may use XGASOFT Property along with a team or company of collaborators wherever substantial value has been added by you.

This limitation does not extend a license to other users. For any works unrelated to you, collaborators must purchase separate licenses.

 

MODIFICATIONS

In accordance with the terms of this Agreement, you may freely modify, or alter the functionality of XGASOFT Property exclusively for your own use.

Modifying the Property will not terminate your license, however XGASOFT cannot guarantee the quality and functionality of modified versions of the Property, nor its compatibility with other products.

XGASOFT accepts no liability for any loss or damage incurred by the modified Property, and reserves the right to refuse technical support for the modified Property.

Modifications made to XGASOFT Property in no way represent a change of ownership of the Property.

You may not reverse-engineer XGASOFT Property for the purpose of commercial exploitation which may be in competition with XGASOFT.

 

MUTABILITY

License fees are determined for each product and service on a case-by-case basis, and XGASOFT reserves the right to change fees on the Property with or without prior notice.

XGASOFT reserves the right to modify, suspend, or terminate this Agreement, the Property, or any service to which it connects with or without prior notice and without liability to you, the Licensee.

 

LIABILITY

By using XGASOFT Property, you agree to indemnify and hold harmless XGASOFT, its employees, and agents from and against any and all claims (including third party claims), demands, actions, lawsuits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from your use or reliance on XGASOFT Property, any breach of terms of this Agreement, or any other act of your own.

This limitation will survive and apply even in the event of termination of this Agreement.

 

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted according to the laws of the United States of America and the State of Kansas.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

 

CONCLUSION

This document contains the whole agreement between XGASOFT and you, the Licensee, relating to the Property and licenses thereof and supersedes all prior Agreements, arrangements and understandings between both parties regarding XGASOFT Property and licenses.