key: oxygen-xml-webhelp-eula
short_name: Oxygen XML WebHelp EULA
name: Oxygen XML WebHelp End-User License Agreement
category: Commercial
owner: Syncro Soft
homepage_url: https://www.oxygenxml.com/eula_webhelp.html
spdx_license_key: LicenseRef-scancode-oxygen-xml-webhelp-eula
ignorable_urls:
  - http://www.oxygenxml.com/
  - http://www.oxygenxml.com/privacy_policy.html
  - http://www.oxygenxml.com/support.html
  - http://www.oxygenxml.com/thirdparty/index.html
ignorable_emails:
  - support@oxygenxml.com
text: "Oxygen XML WebHelp license\n\nIMPORTANT:THIS SOFTWARE END USER LICENSE AGREEMENT (\"\
  EULA\") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE\
  \ ACQUIRED BY OR FOR AN ENTITY, A SINGLE LEGAL ENTITY) AND SYNCRO. READ IT CAREFULLY BEFORE\
  \ COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES A LICENSE TO USE\
  \ THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING\
  \ OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE.\
  \ IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE\
  \ OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESSION. YOU ALSO ACCEPT\
  \ AND ASSENT TO THE SYNCRO PRIVACY POLICY LOCATED AT http://www.oxygenxml.com/privacy_policy.html\
  \ AND YOU AGREE TO RECEIVE NOTICES FROM SYNCRO ELECTRONICALLY.\n\n\n1. DEFINITION\n\n   a)\
  \ \"Syncro\" means Syncro Soft SRL.\n   b) \"Software\" means the executable code of oXygen\
  \ XML Web Help plugin (DITA-Open Toolkit plugin for generating Web Help output from DITA sources\
  \ and Docbook XML source transformation to Webhelp output as an extension of the Docbook XSL\
  \ distribution available at Sourceforge.net.), any updates or error corrections provided by\
  \ Syncro and on-line or electronic documentation.\n   c)  \"Process\" means any automated\
  \ process that is authorized by You to access and use the Software through the assignment\
  \ of a single process ID and includes, without limitation, automated controls and background\
  \ jobs.\n   d) \"License Key\" means a unique key-code issued to You by Syncro (or its authorized\
  \ reseller) to activate and use the Software.\n   e) \"Maintenance Pack\" is a time-limited\
  \ right to technical support and Software updates and upgrades which you may elect to purchase\
  \ in addition to your Software license. Technical support only covers issues or questions\
  \ resulting directly out of the operation of the Software. Syncro will not provide You with\
  \ generic consultation, assistance, or advice under any other circumstances.\n\n2. LICENSE\
  \ GRANTS\n\n 2.1. Upon your payment of the license fee and subject to the terms and conditions\
  \ contained herein, Syncro or its authorized reseller provides you with a License Key and\
  \ grants you a limited, non-exclusive, non-transferable license to: \n      a) incorporate,\
  \ integrate, include and use the Software for your internal business purpose on a Process\
  \ basis meaning specific Processes are authorized to access the Software and the total number\
  \ of Processes may not exceed the total number licensed by You.\n      b) copy the Software\
  \ in machine-readable form solely for backup purposes.\n 2.2. In addition to the rights specified\
  \ above in section 2.1, You shall be entitled to use the licensed Software by an additional\
  \ Process that mirrors or duplicates the licensed Process, solely for the purpose of testing\
  \ internally of the Software output or for backup purposes.\n 2.3.  Certain rights are not\
  \ granted under this Agreement, but may be available under a separate agreement. If you would\
  \ like to enter into a distribution agreement contact Syncro (support@oxygenxml.com)\n\n3.\
  \ LICENSE RESTRICTIONS\n 3.1. You may not provide or make available by any means the License\
  \ Key to any third party. You undertake to take such steps as are necessary in order to protect\
  \ the License Key against unauthorized use.\n 3.2. You may not sell, rent, lease, sub-license,\
  \ transfer, resell or otherwise distribute the Software or any part thereof.\n 3.3. You may\
  \ not remove or obscure any copyright notices relating to the Software.\n\n4. OWNERSHIP AND\
  \ INTELLECTUAL PROPERTY RIGHTS\n 4.1. This Agreement gives you limited rights to use the Software.\
  \ Syncro retains any and all rights, title and interest in and to the Software and all copies\
  \ thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual\
  \ property rights. All rights not specifically granted in this Agreement, including International\
  \ Copyrights, are reserved by Syncro. The structure, organization and code of the Software\
  \ are valuable trade secrets and confidential information of Syncro. \n\n5. PATENT AND COPYRIGHT\
  \ INDEMNITY\n 5.1. Syncro will defend and indemnify You for all costs (including reasonable\
  \ attorneys fees) arising from a claim that Software furnished and used within the scope of\
  \ this Agreement infringes the copyright or other intellectual property rights protected by\
  \ United States or European Union law of any third party, provided that: (i) You notify Syncro\
  \ in writing within ten (10) business days of the claim, (ii) Syncro has sole control of the\
  \ defense and all related settlement negotiations, and (iii) You provide Syncro with the assistance,\
  \ information, and authority necessary to perform the above. \n 5.2. Syncro will have no liability\
  \ for any claim of infringement based on (i) code contained within the Software which was\
  \ not created by Syncro (ii) use of a superseded or altered release of the Software, except\
  \ for such alteration(s) or modification(s) which have been made by Syncro or under Syncro'\
  \ direction, if such infringement would have been avoided by the use of a current, unaltered\
  \ release of the Software that Syncro provides to You, or (iii)the combination, operation,\
  \ or use of any Software furnished under this Agreement with programs or data not furnished\
  \ by Syncro if such infringement would have been avoided by the use of the Software without\
  \ such programs or data. \n 5.3. In the event the Software is held or believed by Syncro to\
  \ infringe, or Your use of the Software is enjoined, Syncro will have the option, at its expense,\
  \ to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license\
  \ to continue using the Software, (iii) substitute the Software with other Software reasonably\
  \ suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate\
  \ the license for the infringing Software and refund any license fees paid for the Software,\
  \ prorated over a three-year term from the effective date of the Agreement. This Section states\
  \ Syncro' entire liability for infringement. \n\n6. LIMITED WARRANTIES\n 6.1. Syncro warrants\
  \ that is holds the proper rights allowing it to license the Software and is not currently\
  \ aware of any actions that may affect its rights to do so.\n 6.2. THE SOFTWARE IS PROVIDED\
  \ ON AN \"AS IS\" BASIS, EXCEPT AS EXPRESSLY SET FORTH ABOVE, SYNCRO MAKES NO WARRANTY OF\
  \ ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY\
  \ OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY\
  \ FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE\
  \ AND RESULTS OBTAINED FROM THE SOFTWARE. SYNCRO MAKES NO WARRANTY THAT THE SOFTWARE WILL\
  \ BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE\
  \ IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. SYNCRO\
  \ EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.\n\n7. SUPPORT AND\
  \ MAINTENANCE PACK\n 7.1. Subject to payment of the applicable fees for Maintenance Pack under\
  \ this Agreement Syncro shall provide maintenance and support services in accordance with\
  \ its standard maintenance and support terms for such services. Syncro technical support policies\
  \ are posted on Oxygen XML’s website (www.oxygenxml.com) and Syncro reserves the right to\
  \ amend and modify its technical support policies from time to time, in its sole discretion.\
  \ \n 7.2. At any time prior to the expiration of your Maintenance Pack and fourteen (14) days\
  \ after, you may purchase a renewal of your Maintenance Pack. This additional Maintenance\
  \ Pack will extend the availability of your current Maintenance Pack for a period of time\
  \ beginning with the date when your Maintenance Pack expires. If you do not purchase any additional\
  \ Maintenance Pack, you will lose the right to technical support and Software updates and\
  \ upgrades as of the date your current Maintenance Pack expires. However, you will not lose\
  \ the right to use the Software or the technical support,updates and upgrades provided free\
  \ by Syncro.\n 7.3. If you have purchased or already own multiple licenses and you elect to\
  \ purchase or renew their Maintenance Pack, you must purchase a Maintenance Pack for each\
  \ license.\n 7.4. Technical support incidents can be submitted via e-mail or by phone. Syncro\
  \ will use its best efforts to provide you with technical support within forty-eight (48)\
  \ business hours of your request. \n 7.5. The latest information regarding Maintenance Pack\
  \ (terms and conditions, prices, online purchase, etc.) is provided on the web site at: http://www.oxygenxml.com/support.html.\n\
  \n8. LIMITATION OF LIABILITY\n 8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN\
  \ NO EVENT SHALL SYNCRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,\
  \ OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF\
  \ PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,\
  \ FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE\
  \ CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT\
  \ OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR\
  \ FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION\
  \ OF THIS EULA, EVEN IN EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH\
  \ OF CONTRACT OR BREACH OF WARRANTY OF SYNCRO OR ANY SUPPLIER, AND EVEN IF SYNCRO OR ANY SUPPLIER\
  \ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SYNCRO ENTIRE LIABILITY\
  \ UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY\
  \ PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. 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, Syncro'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 Syncro and you.\n\n9. HIGH RISK ACTIVITIES\n 9.1. The Software\
  \ is not fault-tolerant and is not designed, manufactured or intended for use or resale as\
  \ on-line control equipment in hazardous environments requiring fail-safe performance, such\
  \ as in the operation of nuclear facilities, aircraft navigation or communication systems,\
  \ air traffic control, direct life support machines, or weapons systems, in which the failure\
  \ of the Software could lead directly to death, personal injury, or severe physical or environmental\
  \ damage (\"High Risk Activities\"). Syncro and its suppliers specifically disclaim any express\
  \ or implied warranty of fitness for High Risk Activities.\n\n10. THIRD PARTY SOFTWARE\n 10.1.\
  \ The Software contains the following third party software that requires additional terms\
  \ and conditions: \n 10.1.1. jQuery JavaScript Library and jQuery Plug-Ins\n 10.1.2. jQuery\
  \ Mobile JavaScript LibraryThe required third party software notices and/or additional terms\
  \ and conditions are located at: http://www.oxygenxml.com/thirdparty/index.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, forth therein.\n\n11.\
  \ TERMINATION\n 11.1. You may terminate the Agreement at any time by destroying all copies\
  \ of the Software. Syncro may terminate the Agreement and license granted herein immediately\
  \ if you breach any provision of this Agreement or at the request of an authorized Syncro\
  \ reseller in the event that you fail to make your license payment or other monies due and\
  \ payable. \n\n12. EXPORT REGULATIONS\n 12.1. You acknowledge that the Software may be subject\
  \ to export restrictions of various countries. You shall fully comply with all applicable\
  \ export license restrictions and requirements as well as with all laws and regulations relating\
  \ to the importation of the Software, in the United States and in any foreign jurisdiction\
  \ in which the Software is used. Without limiting the foregoing, the Software may not be downloaded\
  \ or otherwise exported or re-exported (i) into (or to a national or resident of) any country\
  \ to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's\
  \ list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial\
  \ Orders. By downloading or using the Software, you are agreeing to the foregoing and you\
  \ are representing and warranting that you are not located in, under the control of, or a\
  \ national or resident of any such country or on any such list.\n\n13. GENERAL\n 13.1. Syncro\
  \ makes efforts to provide updates or new versions of the Software, but Syncro reserves the\
  \ right at any time not to release updates or new versions of the Software or, if released,\
  \ to alter prices, features, specifications, capabilities, functions, licensing terms, release\
  \ dates, general availability or other characteristics of the Software. \n 13.2. If any provision\
  \ hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision\
  \ shall be modified to the minimum extent necessary to make it legal, valid and enforceable,\
  \ and the legality, validity and enforceability of all other provisions of this Agreement\
  \ shall not be affected. \n 13.3. This Agreement will be governed by and construed in accordance\
  \ with the laws of England and Wales. In the event of any disputes arising out of the interpretation\
  \ or performance of this Agreement, the parties shall endeavor to settle the matter out of\
  \ court prior to any court action. If no agreement can be reached to settle a dispute concerning\
  \ the interpretation or performance of this Agreement, the competent courts of England and\
  \ Wales shall have exclusive jurisdiction. Service of process upon either party shall be valid\
  \ if served by registered or certified mail, return receipt requested and to the most current\
  \ address provided by such party. The United Nations Convention on Contracts for the International\
  \ Sale of Goods shall not apply to this Agreement. \n 13.4. You may not assign this Agreement\
  \ in whole or in part, without Syncro prior written consent. Any attempt by You to assign\
  \ this Agreement without such consent will be null and void. \n 13.5. This Agreement constitutes\
  \ the entire agreement between Syncro and You related to the Software and supersedes any and\
  \ all previous and contemporaneous understandings or agreements between the parties with respect\
  \ to the same subject matter. No purchase order, other ordering document or any other document\
  \ which purports to modify or supplement this Agreement shall add to or vary the terms and\
  \ conditions of this Agreement unless executed by both Syncro and You. Syncro's acceptance\
  \ of any purchase order placed by You is expressly made conditional on your assent to the\
  \ terms set forth in this Agreement, and not those contained in your purchase order, and such\
  \ purchase order terms shall have no effect on this Agreement. All questions concerning this\
  \ Agreement shall be directed to support@oxygenxml.com"
