key: altova-eula
short_name: Altova EULA
name: Altova EULA
category: Commercial
owner: Altova
homepage_url: http://www.altova.com/eula.html
spdx_license_key: LicenseRef-scancode-altova-eula
ignorable_copyrights:
  - Copyright (c) 2007-2011 Altova GmbH (www.altova.com)
ignorable_holders:
  - Altova GmbH
ignorable_urls:
  - http://www.altova.com/
  - http://www.altova.com/eula
  - http://www.altova.com/legal_3rdparty.html
  - http://www.altova.com/privacy
text: "THIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDS\n\nALTOVA® END-USER LICENSE AGREEMENT\n\
  \nLicensor:\n\nAltova GmbH\nRudolfsplatz 13a/9\nA-1010 Wien\nAustria\n\nImportant - Read Carefully.\
  \ Notice to User:\n\nThis End User License Agreement (\"Agreement\") is a legal document between\
  \ you and Altova GmbH (\"Altova\"). It is important that you read this document before using\
  \ the Altova-provided software (\"Software\") and any accompanying documentation, including,\
  \ without limitation printed materials, ‘online’ files, or electronic documentation (\"Documentation\"\
  ). By clicking the \"I accept\" and \"Next\" buttons below, or by installing, or otherwise\
  \ using the Software, you agree to be bound by the terms of this Agreement as well as the\
  \ Altova Privacy Policy (\"Privacy Policy\") including, without limitation, the warranty disclaimers,\
  \ limitation of liability, data use and termination provisions below, whether or not you decide\
  \ to purchase the Software. You agree that this agreement is enforceable like any written\
  \ agreement negotiated and signed by you. If you do not agree, you are not licensed to use\
  \ the Software, and you must destroy any downloaded copies of the Software in your possession\
  \ or control. You may print a copy of this Agreement as part of the installation process at\
  \ the time of acceptance. Alternatively, a copy of this Agreement may be found at http://www.altova.com/eula\
  \ and a copy of the Privacy Policy may be found at http://www.altova.com/privacy.\n\n1.\t\
  SOFTWARE LICENSE\n\n(a)\tLicense Grant.\n\n(i) Upon your acceptance of this Agreement Altova\
  \ grants you a non-exclusive, non-transferable (except as provided below), limited license,\
  \ without the right to grant sublicenses, to install and use a copy of the Software on one\
  \ compatible personal computer or workstation up to the Permitted Number of computers. Subject\
  \ to the limitations set forth in Section 1(c), you may install and use a copy of the Software\
  \ on more than one of your compatible personal computers or workstations if you have purchased\
  \ a Named-User license. Subject to the limitations set forth in Sections 1(d) and 1(e), users\
  \ may use the software concurrently on a network. The Permitted Number of computers and/or\
  \ users and the type of license, e.g. Installed, Named-Users, and Concurrent-User, shall be\
  \ determined and specified at such time as you elect to purchase the Software. Installed user\
  \ licenses are intended to be fixed and not concurrent. In other words, you cannot uninstall\
  \ the Software on one machine in order to reinstall that license to a different machine and\
  \ then uninstall and reinstall back to the original machine. Installations should be static.\
  \ Notwithstanding the foregoing, permanent uninstallations and redeployments are acceptable\
  \ in limited circumstances such as if an employee leaves the company or the machine is permanently\
  \ decommissioned. During the evaluation period, hereinafter defined, only a single user may\
  \ install and use the software on one (1) personal computer or workstation. If you have licensed\
  \ the Software as part of a suite of Altova software products (collectively, the \"Suite\"\
  ) and have not installed each product individually, then the Agreement governs your use of\
  \ all of the software included in the Suite.\n\n(ii) If you have licensed SchemaAgent, then\
  \ the terms and conditions of this Agreement apply to your use of the SchemaAgent server software\
  \ (\"SchemaAgent Server\") included therein, as applicable, and you are licensed to use SchemaAgent\
  \ Server solely in connection with your use of Altova Software and solely for the purposes\
  \ described in the accompanying documentation.\n\n(iii) If you have licensed Software that\
  \ enables users to generate source code, your license to install and use a copy of the Software\
  \ as provided herein permits you to generate source code based on (i) Altova Library modules\
  \ that are included in the Software (such generated code hereinafter referred to as the \"\
  Restricted Source Code\") and (ii) schemas or mappings that you create or provide (such code\
  \ as may be generated from your schema or mapping source materials hereinafter referred to\
  \ as the \"Unrestricted Source Code\"). In addition to the rights granted herein, Altova grants\
  \ you a non-exclusive, non-transferable, limited license to compile the complete generated\
  \ code (comprised of the combination of the Restricted Source Code and the Unrestricted Source\
  \ Code) into executable object code form, and to use, copy, distribute or license that executable.\
  \ You may not distribute or redistribute, sublicense, sell, or transfer the Restricted Source\
  \ Code to a third-party in the un-compiled form unless said third-party already has a license\
  \ to the Restricted Source Code through their separate agreement with Altova. Notwithstanding\
  \ anything to the contrary herein, you may not distribute, incorporate or combine with other\
  \ software, or otherwise use the Altova Library modules or Restricted Source Code, or any\
  \ Altova intellectual property embodied in or associated with the Altova Library modules or\
  \ Restricted Source Code, in any manner that would subject the Restricted Source Code to the\
  \ terms of a copyleft, free software or open source license that would require the Restricted\
  \ Source Code or Altova Library modules source code to be disclosed in source code form. Notwithstanding\
  \ anything to the contrary herein, you may not use the Software to develop and distribute\
  \ other software programs that directly compete with any Altova software or service without\
  \ prior written permission. Altova reserves all other rights in and to the Software. With\
  \ respect to the feature(s) of UModel that permit reverse-engineering of your own source code\
  \ or other source code that you have lawfully obtained, such use by you does not constitute\
  \ a violation of this Agreement. Except as otherwise expressly permitted in Section 1(j) reverse\
  \ engineering of the Software is strictly prohibited as further detailed therein.\n\n(iv)\
  \ In the event Restricted Source Code is incorporated into executable object code form, you\
  \ will include the following statement in (1) introductory splash screens, or if none, within\
  \ one or more screens readily accessible by the end-user, and (2) in the electronic and/or\
  \ hard copy documentation: \"Portions of this program were developed using Altova® [name of\
  \ Altova Software, e.g. MapForce® 2011] and includes libraries owned by Altova GmbH, Copyright\
  \ © 2007-2011 Altova GmbH (www.altova.com).\"\n\n(b)\tServer Use for Installation and Use\
  \ of SchemaAgent. You may install one (1) copy of the Software on a computer file server within\
  \ your internal network solely for the purpose of downloading and installing the Software\
  \ onto other computers within your internal network up to the Permitted Number of computers\
  \ in a commercial environment only. If you have licensed SchemaAgent, then you may install\
  \ SchemaAgent Server on any server computer or workstation and use it in connection with your\
  \ Software. No other network use is permitted, including without limitation using the Software\
  \ either directly or through commands, data or instructions from or to a computer not part\
  \ of your internal network, for Internet or Web-hosting services or by any user not licensed\
  \ to use this copy of the Software through a valid license from Altova.\n\n(c)\tNamed Use.\
  \ If you have licensed the \"Named-User\" version of the software, you may install the Software\
  \ on up to five (5) compatible personal computers or workstations of which you are the primary\
  \ user thereby allowing you to switch from one computer to the other as necessary provided\
  \ that only one (1) instance of the Software will be used by you as the Named-User at any\
  \ given time. If you have purchased multiple Named-User licenses, each individual Named-User\
  \ will receive a separate license key code.\n\n(d)\tConcurrent Use in Same Physical Network\
  \ or Office Location. If you have licensed a \"Concurrent-User\" version of the Software,\
  \ you may install the Software on any compatible computers in a commercial environment only,\
  \ up to ten (10) times the Permitted Number of users, provided that only the Permitted Number\
  \ of users actually use the Software at the same time and further provided that the computers\
  \ on which the Software is installed are on the same physical computer network. The Permitted\
  \ Number of concurrent users shall be delineated at such time as you elect to purchase the\
  \ Software licenses. Each separate physical network or office location requires its own set\
  \ of separate Concurrent User Licenses for those wishing to use the Concurrent User versions\
  \ of the Software in more than one location or on more than one network, all subject to the\
  \ above Permitted Number limitations and based on the number of users using the Software.\
  \ If a computer is not on the same physical network, then a locally installed user license\
  \ or a license dedicated to concurrent use in a virtual environment is required. Home User\
  \ restrictions and limitations with respect to the Concurrent User licenses used on home computers\
  \ are set forth in Section 1(g).\n\n(e)\tConcurrent Use in a Virtual Environment. If you have\
  \ purchased Concurrent-User Licenses, you may install a copy of the Software on a terminal\
  \ server (Microsoft Terminal Server or Citrix Metaframe), application virtualization server\
  \ (Microsoft App-V, Citrix XenApp, or VMWare ThinApp) or virtual machine environment within\
  \ your internal network for the sole and exclusive purpose of permitting individual users\
  \ within your organization to access and use the Software through a terminal server, application\
  \ virtualization session, or virtual machine environment from another computer provided that\
  \ the total number of users that access or use the Software concurrently at any given point\
  \ in time on such network, virtual machine or terminal server does not exceed the Permitted\
  \ Number; and provided that the total number of users authorized to use the Software through\
  \ the terminal server, application virtualization session, or virtual machine environment\
  \ does not exceed ten (10) times the Permitted Number of users. In a virtual environment,\
  \ you must deploy a reliable and accurate means of preventing users from exceeding the Permitted\
  \ Number of concurrent users. Altova makes no warranties or representations about the performance\
  \ of Altova software in a terminal server, application virtualization session, or virtual\
  \ machine environment and the foregoing are expressly excluded from the limited warranty in\
  \ Section 5 hereof. Technical support is not available with respect to issues arising from\
  \ use in such environments.\n\n(f)\tBackup and Archival Copies. You may make one (1) backup\
  \ and one (1) archival copy of the Software, provided your backup and archival copies are\
  \ not installed or used on any computer and further provided that all such copies shall bear\
  \ the original and unmodified copyright, patent and other intellectual property markings that\
  \ appear on or in the Software. You may not transfer the rights to a backup or archival copy\
  \ unless you transfer all rights in the Software as provided under Section 3.\n\n(g)\tHome\
  \ Use (Personal and Non-Commercial). In order to further familiarize yourself with the Software\
  \ and allow you to explore its features and functions, you, as the primary user of the computer\
  \ on which the Software is installed for commercial purposes, may also install one copy of\
  \ the Software on only one (1) home personal computer (such as your laptop or desktop) solely\
  \ for your personal and non-commercial (\"HPNC\") use. This HPNC copy may not be used in any\
  \ commercial or revenue-generating business activities, including without limitation, work-from-home,\
  \ teleworking, telecommuting, or other work-related use of the Software. The HPNC copy of\
  \ the Software may not be used at the same time on a home personal computer as the Software\
  \ is being used on the primary computer.\n\n(h)\tKey Codes, Upgrades and Updates. Prior to\
  \ your purchase and as part of the registration for the thirty (30) day evaluation period,\
  \ as applicable, you will receive an evaluation key code. You will receive a purchase key\
  \ code when you elect to purchase the Software from either Altova GmbH or an authorized reseller.\
  \ The purchase key code will enable you to activate the Software beyond the initial evaluation\
  \ period. You may not re-license, reproduce or distribute any key code except with the express\
  \ written permission of Altova. If the Software that you have licensed is an upgrade or an\
  \ update, then the latest update or upgrade that you download and install replaces all or\
  \ part of the Software previously licensed. The update or upgrade and the associated license\
  \ keys does not constitute the granting of a second license to the Software in that you may\
  \ not use the upgrade or updated copy in addition to the copy of the Software that it is replacing\
  \ and whose license has terminated.\n\n(i)\tTitle. Title to the Software is not transferred\
  \ to you. Ownership of all copies of the Software and of copies made by you is vested in Altova,\
  \ subject to the rights of use granted to you in this Agreement. As between you and Altova,\
  \ documents, files, stylesheets, generated program code (including the Unrestricted Source\
  \ Code) and schemas that are authored or created by you via your utilization of the Software,\
  \ in accordance with its Documentation and the terms of this Agreement, are your property\
  \ unless they are created using Evaluation Software, as defined in Section 4 of this Agreement,\
  \ in which case you have only a limited license to use any output that contains generated\
  \ program code (including Unrestricted Source Code) such as Java, C++, C#, VB.NET or XSLT\
  \ and associated project files and build scripts, as well as generated XML, XML Schemas, documentation,\
  \ UML diagrams, and database structures only for the thirty (30) day evaluation period.\n\n\
  (j)\tReverse Engineering. Except and to the limited extent as may be otherwise specifically\
  \ provided by applicable law in the European Union, you may not reverse engineer, decompile,\
  \ disassemble or otherwise attempt to discover the source code, underlying ideas, underlying\
  \ user interface techniques or algorithms of the Software by any means whatsoever, directly\
  \ or indirectly, or disclose any of the foregoing, except to the extent you may be expressly\
  \ permitted to decompile under applicable law in the European Union, if it is essential to\
  \ do so in order to achieve operability of the Software with another software program, and\
  \ you have first requested Altova to provide the information necessary to achieve such operability\
  \ and Altova has not made such information available. Altova has the right to impose reasonable\
  \ conditions and to request a reasonable fee before providing such information. Any information\
  \ supplied by Altova or obtained by you, as permitted hereunder, may only be used by you for\
  \ the purpose described herein and may not be disclosed to any third party or used to create\
  \ any software which is substantially similar to the expression of the Software. Requests\
  \ for information from users in the European Union with respect to the above should be directed\
  \ to the Altova Customer Support Department.\n\n(k)\tOther Restrictions.You may not loan,\
  \ rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software\
  \ to third parties except to the limited extent set forth in Section 3 or as otherwise expressly\
  \ provided. You may not copy the Software except as expressly set forth above, and any copies\
  \ that you are permitted to make pursuant to this Agreement must contain the same copyright,\
  \ patent and other intellectual property markings that appear on or in the Software. You may\
  \ not modify, adapt or translate the Software. You may not, directly or indirectly, encumber\
  \ or suffer to exist any lien or security interest on the Software; knowingly take any action\
  \ that would cause the Software to be placed in the public domain; or use the Software in\
  \ any computer environment not specified in this Agreement. You may not permit any use of\
  \ or access to the Software by any third party in connection with a commercial service offering,\
  \ such as for a cloud-based or web-based SaaS offering.\n\nYou will comply with applicable\
  \ law and Altova’s instructions regarding the use of the Software. You agree to notify your\
  \ employees and agents who may have access to the Software of the restrictions contained in\
  \ this Agreement and to ensure their compliance with these restrictions.\n\n(l)\tNO GUARANTEE.\
  \ THE SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY\
  \ BE ASSUMED BY ALTOVA IN THIS RESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD,\
  \ THE SOFTWARE IS NOT INTENDED FOR USE IN OR IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION\
  \ OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT,\
  \ MEDICAL DEVICES OR LIFE SUPPORT SYSTEMS, MEDICAL OR HEALTH CARE APPLICATIONS, OR OTHER APPLICATIONS\
  \ WHERE THE FAILURE OF THE SOFTWARE OR ERRORS IN DATA PROCESSING COULD LEAD TO DEATH, PERSONAL\
  \ INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE\
  \ FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE\
  \ SOFTWARE FOR YOUR INTENDED USE AND YOU WILL DEFEND, INDEMNIFY AND HOLD ALTOVA, ITS OFFICERS\
  \ AND EMPLOYEES HARMLESS FROM ANY THIRD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON\
  \ THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE OR ANY DATA GENERATED BY THE SOFTWARE\
  \ IN YOUR USE.\n\n2.\tINTELLECTUAL PROPERTY RIGHTS\n\nYou acknowledge that the Software and\
  \ any copies that you are authorized by Altova to make are the intellectual property of and\
  \ are owned by Altova and its suppliers. The structure, organization and code of the Software\
  \ are the valuable trade secrets and confidential information of Altova and its suppliers.\
  \ The Software is protected by copyright, including without limitation by United States Copyright\
  \ Law, international treaty provisions and applicable laws in the country in which it is being\
  \ used. You acknowledge that Altova retains the ownership of all patents, copyrights, trade\
  \ secrets, trademarks and other intellectual property rights pertaining to the Software, and\
  \ that Altova’s ownership rights extend to any images, photographs, animations, videos, audio,\
  \ music, text and \"applets\" incorporated into the Software and all accompanying printed\
  \ materials. You will take no actions which adversely affect Altova’s intellectual property\
  \ rights in the Software. Trademarks shall be used in accordance with accepted trademark practice,\
  \ including identification of trademark owners’ names. Trademarks may only be used to identify\
  \ printed output produced by the Software, and such use of any trademark does not give you\
  \ any right of ownership in that trademark. Altova®, XMLSpy®, Authentic®, StyleVision®, MapForce®,\
  \ UModel®, DatabaseSpy®, DiffDog®, SchemaAgent®, SemanticWorks®, MissionKit®, Markup Your\
  \ Mind®, Nanonull™, RaptorXML™, RaptorXML Server™, RaptorXML +XBRL Server™, Powered By RaptorXML™,\
  \ FlowForce Server™, and StyleVision Server™ are trademarks of Altova GmbH (pending or registered\
  \ in numerous countries). Unicode and the Unicode Logo are trademarks of Unicode, Inc. Windows,\
  \ Windows XP, Windows Vista, Windows 7, and Windows 8 are trademarks of Microsoft. W3C, CSS,\
  \ DOM, MathML, RDF, XHTML, XML and XSL are trademarks (registered in numerous countries) of\
  \ the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host\
  \ institutions, MIT, INRIA and Keio. Except as expressly stated above, this Agreement does\
  \ not grant you any intellectual property rights in the Software. Notifications of claimed\
  \ copyright infringement should be sent to Altova’s copyright agent as further provided on\
  \ the Altova Web Site.\n\n3.\tLIMITED TRANSFER RIGHTS\n\nNotwithstanding the foregoing, you\
  \ may transfer all your rights to use the Software to another person or legal entity provided\
  \ that: (a) you also transfer this Agreement, the Software and all other software or hardware\
  \ bundled or pre-installed with the Software, including all copies, updates and prior versions,\
  \ and all copies of font software converted into other formats, to such person or entity;\
  \ (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving\
  \ party secures a personalized key code from Altova; and (d) the receiving party accepts the\
  \ terms and conditions of this Agreement and any other terms and conditions upon which you\
  \ legally purchased a license to the Software. Notwithstanding the foregoing, you may not\
  \ transfer education, pre-release, or not-for-resale copies of the Software.\n\n4.\tPRE-RELEASE\
  \ AND EVALUATION PRODUCT ADDITIONAL TERMS\n\nIf the product you have received with this license\
  \ is pre-commercial release or beta Software (\"Pre-release Software\"), then this Section\
  \ applies. In addition, this section applies to all evaluation and/or demonstration copies\
  \ of Altova software (\"Evaluation Software\") and continues in effect until you purchase\
  \ a license. To the extent that any provision in this section is in conflict with any other\
  \ term or condition in this Agreement, this section shall supersede such other term(s) and\
  \ condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the\
  \ extent necessary to resolve the conflict. You acknowledge that the Pre-release Software\
  \ is a pre-release version, does not represent final product from Altova, and may contain\
  \ bugs, errors and other problems that could cause system or other failures and data loss.\
  \ CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU \"AS-IS\" WITH\
  \ NO WARRANTIES FOR USE OR PERFORMANCE, AND ALTOVA DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS\
  \ TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED\
  \ FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, ALTOVA’S LIABILITY AND\
  \ THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL. If\
  \ the Evaluation Software has a time-out feature, then the software will cease operation after\
  \ the conclusion of the designated evaluation period. Upon such expiration date, your license\
  \ will expire unless otherwise extended. Your license to use any output created with the Evaluation\
  \ Software that contains generated program code (including Unrestricted Source Code) such\
  \ as Java, C++, C, VB.NET or XSLT and associated project files and build scripts as well as\
  \ generated XML, XML Schemas, documentation, UML diagrams, and database structures terminates\
  \ automatically upon the expiration of the designated evaluation period but the license to\
  \ use such output is revived upon your purchase of a license for the Software that you evaluated\
  \ and used to create such output. Access to any files created with the Evaluation Software\
  \ is entirely at your risk. You acknowledge that Altova has not promised or guaranteed to\
  \ you that Pre-release Software will be announced or made available to anyone in the future,\
  \ that Altova has no express or implied obligation to you to announce or introduce the Pre-release\
  \ Software, and that Altova may not introduce a product similar to or compatible with the\
  \ Pre-release Software. Accordingly, you acknowledge that any research or development that\
  \ you perform regarding the Pre-release Software or any product associated with the Pre-release\
  \ Software is done entirely at your own risk. During the term of this Agreement, if requested\
  \ by Altova, you will provide feedback to Altova regarding testing and use of the Pre-release\
  \ Software, including error or bug reports. If you have been provided the Pre-release Software\
  \ pursuant to a separate written agreement, your use of the Software is governed by such agreement.\
  \ You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release\
  \ Software. Upon receipt of a later unreleased version of the Pre-release Software or release\
  \ by Altova of a publicly released commercial version of the Software, whether as a stand-alone\
  \ product or as part of a larger product, you agree to return or destroy all earlier Pre-release\
  \ Software received from Altova and to abide by the terms of the license agreement for any\
  \ such later versions of the Pre-release Software.\n\n5.\tLIMITED WARRANTY AND LIMITATION\
  \ OF LIABILITY\n\n(a)\tLimited Warranty and Customer Remedies. Altova warrants to the person\
  \ or entity that first purchases a license for use of the Software pursuant to the terms of\
  \ this Agreement that (i) the Software will perform substantially in accordance with any accompanying\
  \ Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support\
  \ services provided by Altova shall be substantially as described in Section 6 of this agreement.\
  \ Some states and jurisdictions do not allow limitations on duration of an implied warranty,\
  \ so the above limitation may not apply to you. To the extent allowed by applicable law, implied\
  \ warranties on the Software, if any, are limited to ninety (90) days. Altova’s and its suppliers’\
  \ entire liability and your exclusive remedy shall be, at Altova’s option, either (i) return\
  \ of the price paid, if any, or (ii) repair or replacement of the Software that does not meet\
  \ Altova’s Limited Warranty and which is returned to Altova with a copy of your receipt. This\
  \ Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication,\
  \ abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement\
  \ Software will be warranted for the remainder of the original warranty period or thirty (30)\
  \ days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release\
  \ Software.\n\n(b)\tNo Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND\
  \ REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA OR ITS SUPPLIER’S BREACH OF WARRANTY.\
  \ ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN\
  \ BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY,\
  \ CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED\
  \ OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE\
  \ NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE,\
  \ COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED\
  \ BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,\
  \ EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,\
  \ FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY,\
  \ QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION\
  \ OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL\
  \ RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.\n\
  \n(c)\tLimitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF\
  \ A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ALTOVA OR ITS SUPPLIERS BE LIABLE\
  \ FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,\
  \ WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF\
  \ BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY\
  \ TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF\
  \ ALTOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALTOVA’S ENTIRE\
  \ LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY\
  \ PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow\
  \ the exclusion or limitation of liability, the above limitation may not apply to you. In\
  \ such states and jurisdictions, Altova’s liability shall be limited to the greatest extent\
  \ permitted by law and the limitations or exclusions of warranties and liability contained\
  \ herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise\
  \ than in the course of business. The disclaimer and limited liability above are fundamental\
  \ to this Agreement between Altova and you.\n\n(d)\tInfringement Claims. Altova will indemnify\
  \ and hold you harmless and will defend or settle any claim, suit or proceeding brought against\
  \ you by a third party that is based upon a claim that the content contained in the Software\
  \ infringes a copyright or violates an intellectual or proprietary right protected by United\
  \ States or European Union law (\"Claim\"), but only to the extent the Claim arises directly\
  \ out of the use of the Software and subject to the limitations set forth in Section 5 of\
  \ this Agreement except as otherwise expressly provided. You must notify Altova in writing\
  \ of any Claim within ten (10) business days after you first receive notice of the Claim,\
  \ and you shall provide to Altova at no cost such assistance and cooperation as Altova may\
  \ reasonably request from time to time in connection with the defense of the Claim. Altova\
  \ shall have sole control over any Claim (including, without limitation, the selection of\
  \ counsel and the right to settle on your behalf on any terms Altova deems desirable in the\
  \ sole exercise of its discretion). You may, at your sole cost, retain separate counsel and\
  \ participate in the defense or settlement negotiations. Altova shall pay actual damages,\
  \ costs, and attorney fees awarded against you (or payable by you pursuant to a settlement\
  \ agreement) in connection with a Claim to the extent such direct damages and costs are not\
  \ reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase\
  \ price of the Software. If the Software or its use becomes the subject of a Claim or its\
  \ use is enjoined, or if in the opinion of Altova’s legal counsel the Software is likely to\
  \ become the subject of a Claim, Altova shall attempt to resolve the Claim by using commercially\
  \ reasonable efforts to modify the Software or obtain a license to continue using the Software.\
  \ If in the opinion of Altova’s legal counsel the Claim, the injunction or potential Claim\
  \ cannot be resolved through reasonable modification or licensing, Altova, at its own election,\
  \ may terminate this Agreement without penalty, and will refund to you on a pro rata basis\
  \ any fees paid in advance by you to Altova. THE FOREGOING CONSTITUTES ALTOVA’S SOLE AND EXCLUSIVE\
  \ LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to situations\
  \ where the alleged infringement, whether patent or otherwise, is the result of a combination\
  \ of the Altova software and additional elements supplied by you.\n\n6.\tSUPPORT AND MAINTENANCE\n\
  \nAltova offers multiple optional \"Support & Maintenance Package(s)\" (\"SMP\") for the version\
  \ of Software product edition that you have licensed, which you may elect to purchase in addition\
  \ to your Software license. The Support Period, hereinafter defined, covered by such SMP shall\
  \ be delineated at such time as you elect to purchase a SMP. Your rights with respect to support\
  \ and maintenance as well as your upgrade eligibility depend on your decision to purchase\
  \ SMP and the level of SMP that you have purchased:\n\n(a)\tIf you have not purchased SMP,\
  \ you will receive the Software AS IS and will not receive any maintenance releases or updates.\
  \ However, Altova, at its option and in its sole discretion on a case by case basis, may decide\
  \ to offer maintenance releases to you as a courtesy, but these maintenance releases will\
  \ not include any new features in excess of the feature set at the time of your purchase of\
  \ the Software. In addition, Altova will provide free technical support to you for thirty\
  \ (30) days after the date of your purchase (the \"Support Period\" for the purposes of this\
  \ paragraph 6(a), and Altova, in its sole discretion on a case by case basis, may also provide\
  \ free courtesy technical support during your thirty (30) day evaluation period. Technical\
  \ support is provided via a Web-based support form only, and there is no guaranteed response\
  \ time.\n\n(b)\tIf you have purchased SMP, then solely for the duration of its delineated\
  \ Support Period, you are eligible to receive the version of the Software edition that you\
  \ have licensed and all maintenance releases and updates for that edition that are released\
  \ during your Support Period. For the duration of your SMP’s Support Period, you will also\
  \ be eligible to receive upgrades to the comparable edition of the next version of the Software\
  \ that succeeds the Software edition that you have licensed for applicable upgrades released\
  \ during your Support Period. The specific upgrade edition that you are eligible to receive\
  \ based on your Support Period is further detailed in the SMP that you have purchased. Software\
  \ that is introduced as separate product is not included in SMP. Maintenance releases, updates\
  \ and upgrades may or may not include additional features. In addition, Altova will provide\
  \ Priority Technical Support to you for the duration of the Support Period. Priority Technical\
  \ Support is provided via a Web-based support form only and Altova will make commercially\
  \ reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during\
  \ Altova’s business hours (MO-FR, 8am UTC – 10pm UTC, Austrian and US holidays excluded) and\
  \ to make reasonable efforts to provide work-arounds to errors reported in the Software.\n\
  \nDuring the Support Period you may also report any Software problem or error to Altova. If\
  \ Altova determines that a reported reproducible material error in the Software exists and\
  \ significantly impairs the usability and utility of the Software, Altova agrees to use reasonable\
  \ commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance\
  \ release or update, which is made available at certain times at Altova’s sole discretion.\n\
  \nIf Altova, in its discretion, requests written verification of an error or malfunction discovered\
  \ by you or requests supporting example files that exhibit the Software problem, you shall\
  \ promptly provide such verification or files, by email, telecopy, or overnight mail, setting\
  \ forth in reasonable detail the respects in which the Software fails to perform. You shall\
  \ use reasonable efforts to cooperate in diagnosis or study of errors. Altova may include\
  \ error corrections in maintenance releases, updates, or new major releases of the Software.\
  \ Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that\
  \ do not significantly impact use of the Software as determined by Altova in its sole discretion.\
  \ Whether or not you have purchased the Support & Maintenance Package, technical support only\
  \ covers issues or questions resulting directly out of the operation of the Software and Altova\
  \ will not provide you with generic consultation, assistance, or advice under any circumstances.\n\
  \nUpdating Software may require the updating of software not covered by this Agreement before\
  \ installation. Updates of the operating system and application software not specifically\
  \ covered by this Agreement are your responsibility and will not be provided by Altova under\
  \ this Agreement. Altova’s obligations under this Section 6 are contingent upon your proper\
  \ use of the Software and your compliance with the terms and conditions of this Agreement\
  \ at all times. Altova shall be under no obligation to provide the above technical support\
  \ if, in Altova’s opinion, the Software has failed due to the following conditions: (i) damage\
  \ caused by the relocation of the Software to another location or CPU; (ii) alterations, modifications\
  \ or attempts to change the Software without Altova’s written approval; (iii) causes external\
  \ to the Software, such as natural disasters, the failure or fluctuation of electrical power,\
  \ or computer equipment failure; (iv) your failure to maintain the Software at Altova’s specified\
  \ release level; or (v) use of the Software with other software without Altova’s prior written\
  \ approval. It will be your sole responsibility to: (i) comply with all Altova-specified operating\
  \ and troubleshooting procedures and then notify Altova immediately of Software malfunction\
  \ and provide Altova with complete information thereof; (ii) provide for the security of your\
  \ confidential information; (iii) establish and maintain backup systems and procedures necessary\
  \ to reconstruct lost or altered files, data or programs.\n\n7.\tSOFTWARE ACTIVATION, UPDATES\
  \ AND LICENSE METERING\n\n(a) License Metering. The Software includes a built-in license metering\
  \ module that is designed to assist you with monitoring license compliance in small local\
  \ networks. The metering module attempts to communicate with other machines on your local\
  \ area network. You permit Altova to use your internal network for license monitoring for\
  \ this purpose. This license metering module may be used to assist with your license compliance\
  \ but should not be the sole method. Should your firewall settings block said communications,\
  \ you must deploy an accurate means of monitoring usage by the end user and preventing users\
  \ from using the Software more than the Permitted Number.\n\n(b) License Compliance Monitoring.\
  \ You are required to utilize a process or tool to ensure that the Permitted Number is not\
  \ exceeded. Without prejudice or waiver of any potential violations of the Agreement, Altova\
  \ may provide you with additional compliance tools should you be unable to accurately account\
  \ for license usage within your organization. If provided with such a tool by Altova, you\
  \ (a) are required to use it in order to comply with the terms of this Agreement and (b) permit\
  \ Altova to use your internal network for license monitoring and metering and to generate\
  \ compliance reports that are communicated to Altova from time to time.\n\n(c)\tSoftware Activation.\
  \ The Software may use your internal network and Internet connection for the purpose of transmitting\
  \ license-related data at the time of installation, registration, use, or update to an Altova\
  \ Master License Server and validating the authenticity of the license-related data in order\
  \ to protect Altova against unlicensed or illegal use of the Software and to improve customer\
  \ service. Activation is based on the exchange of license related data between your computer\
  \ and the Altova Master License Server. You agree that Altova may use these measures and you\
  \ agree to follow any applicable requirements. You further agree that use of license key codes\
  \ that are not or were not generated by Altova and lawfully obtained from Altova, or an authorized\
  \ reseller as part of an effort to activate or use the Software violates Altova’s intellectual\
  \ property rights as well as the terms of this Agreement. You agree that efforts to circumvent\
  \ or disable Altova’s copyright protection mechanisms, the license management mechanism, or\
  \ the Altova Master License Server violate Altova’s intellectual property rights as well as\
  \ the terms of this Agreement. Altova expressly reserves the rights to seek all available\
  \ legal and equitable remedies to prevent such actions and to recover lost profits, damages\
  \ and costs.\n\n(d)\tLiveUpdate.\tAltova provides a new LiveUpdate notification service to\
  \ you, which is free of charge. Altova may use your internal network and Internet connection\
  \ for the purpose of transmitting license-related data to an Altova-operated LiveUpdate server\
  \ to validate your license at appropriate intervals and determine if there is any update available\
  \ for you.\n\n(e)\tUse of Data. The terms and conditions of the Privacy Policy are set out\
  \ in full at http://www.altova.com/privacy and are incorporated by reference into this Agreement.\
  \ By your acceptance of the terms of this Agreement and/or use of the Software, you authorize\
  \ the collection, use and disclosure of information collected by Altova for the purposes provided\
  \ for in this Agreement and/or the Privacy Policy. Altova has the right in its sole discretion\
  \ to amend this provision of the Agreement and/or Privacy Policy at any time. You are encouraged\
  \ to review the terms of the Privacy Policy as posted on the Altova Web site from time to\
  \ time.\n\n(f)\tAudit Rights. You agree that Altova may audit your use of the Software for\
  \ compliance with the terms of this Agreement at any time, upon reasonable notice. In the\
  \ event that such audit reveals any use of the Software by you other than in full compliance\
  \ with the terms of this Agreement, you shall reimburse Altova for all reasonable expenses\
  \ related to such audit in addition to any other liabilities you may incur as a result of\
  \ such non-compliance.\n\n(g)\tNotice to European Users. Please note that the information\
  \ as described in paragraph 7(d) above may be transferred outside of the European Economic\
  \ Area, for purposes of processing, analysis, and review, by Altova, Inc., a company located\
  \ in Beverly, Massachusetts, U.S.A., or its subsidiaries or Altova’s subsidiaries or divisions,\
  \ or authorized partners, located worldwide. You are advised that the United States uses a\
  \ sectoral model of privacy protection that relies on a mix of legislation, governmental regulation,\
  \ and self-regulation. You are further advised that the Council of the European Union has\
  \ found that this model does not provide \"adequate\" privacy protections as contemplated\
  \ by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L\
  \ 281) 31). Article 26 of the European Union's Data Directive allows for transfer of personal\
  \ data from the European Union to a third country if the individual has unambiguously given\
  \ his consent to the transfer of personal information, regardless of the third country's level\
  \ of protection. By agreeing to this Agreement, you consent to the transfer of all such information\
  \ to the United States and the processing of that information as described in this Agreement\
  \ and the Privacy Policy.\n\n8.\tTERM AND TERMINATION\n\nThis Agreement may be terminated\
  \ (a) by your giving Altova written notice of termination; (b) by Altova, at its option, giving\
  \ you written notice of termination if you commit a breach of this Agreement and fail to cure\
  \ such breach within ten (10) days after notice from Altova; or (c) at the request of an authorized\
  \ Altova reseller in the event that you fail to make your license payment or other monies\
  \ due and payable. In addition the Agreement governing your use of a previous version of the\
  \ Software that you have upgraded or updated of the Software is terminated upon your acceptance\
  \ of the terms and conditions of the Agreement accompanying such upgrade or update. Upon any\
  \ termination of the Agreement, you must cease all use of the Software that this Agreement\
  \ governs, destroy all copies then in your possession or control and take such other actions\
  \ as Altova may reasonably request to ensure that no copies of the Software remain in your\
  \ possession or control. The terms and conditions set forth in Sections 1(h), 1(i), 1(j),\
  \ 1(k), 1(l), 2, 5, 7, 9, 10, 11, and 11 survive termination as applicable.\n\n9.\tRESTRICTED\
  \ RIGHTS NOTICE AND EXPORT RESTRICTIONS\n\nThe Software was developed entirely at private\
  \ expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication\
  \ or disclosure by the U.S. Government or a U.S. Government contractor or subcontractor is\
  \ subject to the restrictions set forth in this Agreement and as provided in FAR 12.211 and\
  \ 12.212 (48 C.F.R. §12.211 and 12.212) or DFARS 227. 7202 (48 C.F.R. §227-7202) as applicable.\
  \ Consistent with the above as applicable, Commercial Computer Software and Commercial Computer\
  \ Documentation licensed to U.S. government end users only as commercial items and only with\
  \ those rights as are granted to all other end users under the terms and conditions set forth\
  \ in this Agreement. Manufacturer is Altova GmbH, Rudolfsplatz, 13a/9, A-1010 Vienna, Austria/EU.\
  \ You may not use or otherwise export or re-export the Software or Documentation except as\
  \ authorized by United States law and the laws of the jurisdiction in which the Software was\
  \ obtained. In particular, but without limitation, the Software or Documentation may not be\
  \ exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country\
  \ or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals\
  \ or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you\
  \ represent and warrant that you are not located in, under control of, or a national or resident\
  \ of any such country or on any such list.\n\n10. US GOVERNMENT ENTITIES\n\nNotwithstanding\
  \ the foregoing, if you are an agency, instrumentality or department of the federal government\
  \ of the United States, then this Agreement shall be governed in accordance with the laws\
  \ of the United States of America, and in the absence of applicable federal law, the laws\
  \ of the Commonwealth of Massachusetts will apply. Further, and notwithstanding anything to\
  \ the contrary in this Agreement (including but not limited to Section 5 (Indemnification)),\
  \ all claims, demands, complaints and disputes will be subject to the Contract Disputes Act\
  \ (41 U.S.C. §§7101 et seq.), the Tucker Act (28 U.S.C. §1346(a) and §1491), or the Federal\
  \ Tort Claims Act (28 U.S.C. §§1346(b), 2401-2402, 2671-2672, 2674-2680), FAR 1.601(a) and\
  \ 43.102 (Contract Modifications); FAR 12.302(b), as applicable, or other applicable governing\
  \ authority. For the avoidance of doubt, if you are an agency, instrumentality, or department\
  \ of the federal, state or local government of the U.S. or a U.S. public and accredited educational\
  \ institution, then your indemnification obligations are only applicable to the extent they\
  \ would not cause you to violate any applicable law (e.g., the Anti-Deficiency Act), and you\
  \ have any legally required authorization or authorizing statute.\n\n11. THIRD PARTY SOFTWARE\n\
  \nThe Software may contain third party software which requires notices and/or additional terms\
  \ and conditions. Such required third party software notices and/or additional terms and conditions\
  \ are located at our Website at http://www.altova.com/legal_3rdparty.html and are made a part\
  \ of and incorporated by reference into this Agreement. By accepting this Agreement, you are\
  \ also accepting the additional terms and conditions, if any, set forth therein.\n\n12. JURISDICTION,\
  \ CHOICE OF LAW, AND VENUE\n\nIf you are located in the European Union and are using the Software\
  \ in the European Union and not in the United States, then this Agreement will be governed\
  \ by and construed in accordance with the laws of the Republic of Austria (excluding its conflict\
  \ of laws principles and the U.N. Convention on Contracts for the International Sale of Goods)\
  \ and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova\
  \ or relating in any way to your use of the Software resides in the Handelsgericht, Wien (Commercial\
  \ Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction\
  \ in the Handelsgericht, Wien (Commercial Court, Vienna) in connection with any such dispute\
  \ or claim.\n\nIf you are located in the United States or are using the Software in the United\
  \ States then this Agreement will be governed by and construed in accordance with the laws\
  \ of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and\
  \ the U.N. Convention on Contracts for the International Sale of Goods) and you expressly\
  \ agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any\
  \ way to your use of the Software resides in the federal or state courts of the Commonwealth\
  \ of Massachusetts and you further agree and expressly consent to the exercise of personal\
  \ jurisdiction in the federal or state courts of the Commonwealth of Massachusetts in connection\
  \ with any such dispute or claim.\n\nIf you are located outside of the European Union or the\
  \ United States and are not using the Software in the United States, then this Agreement will\
  \ be governed by and construed in accordance with the laws of the Republic of Austria (excluding\
  \ its conflict of laws principles and the U.N. Convention on Contracts for the International\
  \ Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute\
  \ with Altova or relating in any way to your use of the Software resides in the Handelsgericht,\
  \ Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise\
  \ of personal jurisdiction in the Handelsgericht Wien (Commercial Court, Vienna) in connection\
  \ with any such dispute or claim. This Agreement will not be governed by the conflict of law\
  \ rules of any jurisdiction or the United Nations Convention on Contracts for the International\
  \ Sale of Goods, the application of which is expressly excluded.\n\n13.\tTRANSLATIONS\n\n\
  Where Altova has provided you with a foreign translation of the English language version,\
  \ you agree that the translation is provided for your convenience only and that the English\
  \ language version will control. If there is any contradiction between the English language\
  \ version and a translation, then the English language version shall take precedence.\n\n\
  14.\tGENERAL PROVISIONS\n\nThis Agreement contains the entire agreement and understanding\
  \ of the parties with respect to the subject matter hereof, and supersedes all prior written\
  \ and oral understandings of the parties with respect to the subject matter hereof. Any notice\
  \ or other communication given under this Agreement shall be in writing and shall have been\
  \ properly given by either of us to the other if sent by certified or registered mail, return\
  \ receipt requested, or by overnight courier to the address shown on Altova’s Web site for\
  \ Altova and the address shown in Altova’s records for you, or such other address as the parties\
  \ may designate by notice given in the manner set forth above. This Agreement will bind and\
  \ inure to the benefit of the parties and our respective heirs, personal and legal representatives,\
  \ affiliates, successors and permitted assigns. The failure of either of us at any time to\
  \ require performance of any provision hereof shall in no manner affect such party’s right\
  \ at a later time to enforce the same or any other term of this Agreement. This Agreement\
  \ may be amended only by a document in writing signed by both of us. In the event of a breach\
  \ or threatened breach of this Agreement by either party, the other shall have all applicable\
  \ equitable as well as legal remedies. Each party is duly authorized and empowered to enter\
  \ into and perform this Agreement. If, for any reason, any provision of this Agreement is\
  \ held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect\
  \ the remainder of this Agreement, and this Agreement shall continue in full force and effect\
  \ to the fullest extent allowed by law. The parties knowingly and expressly consent to the\
  \ foregoing terms and conditions."