Licence Terms

Article 1

License object and scope

• Syntea software group a.s., with the registered seat at Tursko 142, 252 65 Prague-west, ID: 27187951 (hereinafter referred to only as “Syntea”) has all copyright property rights to the XML documents structure description tool program referred to as “X-definitions” (“Software”).
• Syntea grants to the User a nonexclusive, non-transferable and non-assignable free of charge license to use the Software (including user documentation and source code to the Software) for non-commercial educational, research, tutorial, study or scientific purposes. The licence is time limited for the duration of the copyright property rights to the Software.
• The Software may not be used for commercial purposes.

Article 2

Copyright

• Title to the Software (including all its updates and new versions and to Software user documentation), as well as to its all copyright property rights continue to remain with Syntea. Copyright notices and any other proprietary right notices included in the Software may not be deleted or modified.
• The User may use the Software only in accordance with the copyright law and other applicable legal rules. The User may include the Software or its parts in the User’s own products or to integrate it therewith. The User may not, however, modify the Software or its parts, distribute them (whether modified or unmodified) to third persons, for consideration or free of charge, without the prior written approval of Syntea, which is not granted hereby, but which may be granted under a separate agreement entered into between the User and Syntea.
• Identical copyright notices and any other proprietary rights notices to the Software must be reproduced on all copies of the Software, as authorized in accordance with these license terms. The User shall name Syntea and a reference to the Software in all published works and projects created using the Software.

Article 3

Technical Support

• Syntea will use reasonable efforts, either by telephone or in writing, to assist the User in solving specific problems with the installation or use of the Software.
• The User is aware of and agrees that it may not be possible for Syntea to solve all problems or correct all errors in the Software and that the final decision on process in connection with any errors in the Software remains exclusively with Syntea.
• Syntea may from time to time, make available new versions, updates and corrective codes of the Software.

Article 4

Warranty, Liability for damage

• The Software is granted on a „as-is“ basis, without any warranties related to its content or Syntea’s liability for errors included therein, unless expressly specified otherwise hereinafter.
• Syntea warrants that the Software does not include viruses and that Syntea has the right to license the Software in the extent specified in these terms.
• The User agrees to promptly notify Syntea in writing of any claim made against the User for copyright, patent, trade secret or other intellectual property rights violation relating to the use of the Software under these terms and to authorize Syntea to represent the User in the respective litigation or to settle such claim and to cooperate with Syntea in the investigation, defense and settlement thereof. Syntea shall defend the User against such claim and indemnify the User for such claim by paying costs and judgment finally awarded against the User or settlement approved by Syntea in the extent that such costs are based on the use of the Software and such use was in the accordance with these terms. The User may participate in the litigation at User’s own expense. This Syntea’s indemnification obligation does not apply to the extent in which the claim is based on User’s combination of the Software with other software, or User’s modification to the Software, if such claim would not have been made but for User’s combination or modification.
• If claim specified in section 4.3. above is made or, in Syntea’s opinion, is likely to be made, then Syntea, at its option, may modify the Software, obtain rights for the User to continue using the Software; or terminate the license for the Software. The User agrees to abide by Syntea’s decision and, if appropriate, install a different version of the Software or stop using the Software.
• All User’s rights under warranty and Syntea’s liability for Software errors are limited to those specified in this Article 4.
• Bearing in mind the free grant of the license to the Software, Syntea shall not be liable for damage, including indirect damage (including, but not limited to consequential, incidental damage, loss of profits, interruption of business, loss of data or any other financial loss) incurred as a result of the Software use or impossibility thereof.

Article 5

Licence Termination

Syntea shall have the rigt to terminate the license granted in accordnace herewith,  with the immediate effect, upon delivery to the User of Syntea’s written termination notice for a breach of these license terms by the User.  The User shall thereupon delete and destroy the Software and the documentation relating to it, including all their copies.