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"