Product: XDS-C 2.51 for Linux
Licenses: 1 (one)


Excelsior Freeware License Agreement 

This License Agreement ("Agreement") is a legal agreement between you 
(either an individual or a single entity) and Excelsior, LLC ("Excelsior") 
for the Excelsior software product identified above, which includes computer
software, electronic documentation, and the associated printed materials 
("Software"). By installing, copying or otherwise using the Software, you 
agree to be bound by the terms of this Agreement. If you do not agree to 
the terms of this Agreement, you may not install or use the Software. 

LICENSE GRANT

Excelsior hereby grants to you a non-exclusive, transferable limited license 
to use the accompanying Software on the following terms: 

You may: a. install and use the Software on any computer in your possession or
under your control; and b. copy and redistribute the Software provided it is
not modified in any way and you do not charge for its distribution without 
explicit prior written permission. 

You may not: a. modify,translate, reverse engineer, decompile, disassemble 
(except to the extent applicable laws specifically prohibit such restriction), 
or create derivative works based on the Software; b. sell, rent, lease, or
charge for access to the Software; c. remove any proprietary notices or 
labels on the Software. or d. distribute the Software for a fee,whether as 
a stand-alone product, or as part of a compilation or anthology, without 
Excelsior's prior written consent;

TITLE

Title, ownership rights, and intellectual property rights in and to the Software, 
and any copies of the Software shall at all times remain with Excelsior and/or 
its suppliers. The Software is protected by the copyright laws of the Russian 
Federation and international copyright treaties.

TECHNICAL SUPPORT AND UPDATES

This Agreement does not entitle you to receive from Excelsior printed manuals,
technical support, phone support, updates, or enhancements to the Software.
Excelsior may at its own discretion offer fee-based support, consulting and
custom engineering services for the Software.

NO FAIL-SAFE USES

The Software has been created using technologies that are not fault tolerant 
and thus the Software is not designed, manufactured, or intended for use or 
resale as on-line control equipment in hazardous environments requiring 
fail-safe performance, including, but without limitation, 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 technologies employed in the Software could lead directly 
to death, personal injury, or severe physical or environmental damage.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED TO YOU "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, EXCELSIOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY 
NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, 
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. 
EXCELSIOR DOES NOT WARRANT THAT ANY OR ALL FAILURES OR ERRORS IN THE SOFTWARE 
WILL BE CORRECTED OR WARRANT THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET 
YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS YOU SELECT.

NO EXCELSIOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, 
EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES 
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXCELSIOR 
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR 
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 
LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 
EXCELSIOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

You may terminate this license at any time by destroying all copies of the 
Software you received or made under this Agreement. This Agreement shall 
terminate automatically if you fail to comply with any of its terms and 
conditions. On such termination, you must destroy all copies of the Software 
you received or made under this Agreement. The Disclaimer of Warranty and 
Limitation of Liability sections above shall survive termination of this Agreement. 

This Agreement is the entire Agreement between us and supersedes any other 
communications, advertisements, or understandings with respect to the Software.


Excelsior, LLC                 Tel:     +7 (383) 330 5508 
6 Lavrenteva Ave.              Fax:     +1 (509) 271 5205 
Novosibirsk                    E-mail:  info@excelsior-usa.com 
630090 RUSSIA                  WWW:     http://www.excelsior-usa.com 

Copyright (c) 2000-2005 Excelsior, LLC. All rights reserved.
