Important! Read the terms and conditions of this
license agreement (hereafter “Agreement”) carefully before using XMLmind XML
Editor Personal Edition (hereafter “Software”). Use of the Software implies
acceptance of this Agreement, and legally binds you, as a natural person
(hereafter “Licensee”), and Pixware SARL (hereafter “Licensor”), to the
terms and conditions set forth below.

Grant of License

Subject
to the terms and conditions of this Agreement, Licensor hereby grants to
Licensee a non-exclusive and non-transferable license to install, use,
customize and extend the Software for his personal activities and, in some
limited cases, for his professional activities.

Installation and
use

The Software may be installed on any host machine belonging to
Licensee, as well as any host machine assigned to Licensee within an
organization.

Licensee may use the Software to create and modify
documents that are Licensee’s sole property, i.e. documents whose
intellectual property rights are owned by Licensee. Licensee may not use the
Software to create or modify documents that are not Licensee’s sole
property, except in the following conditions:

• Licensee may use the Software to create and modify documents in
  relation to an Open Source software project as defined by the Open
  Source Initiative (http://www.opensource.org/ ).
  Licensee may use
  the Software to create and modify documents released by Licensee in the
  public domain or under a free license similar to the Creative Commons
  licenses (http://creativecommons.org/ ).
• Within a non-profit organization Licensee may use the Software to
  create and modify documents that belong to this organization.
• Within an educational institution Licensee may use the Software as a
  teaching tool within the framework of lectures given by Licensee.
• Licensee may use the Software for the purpose of evaluation of
  XMLmind XML Editor, for a limited time period that shall not exceed 30
  days.

Customization and extension

Licensee may customize the
Software by means of configuration files, and extend the Software by means
of the public Application Programming
Interfaces.

Restrictions

The Software is copyrighted and title
to all copies is retained by Licensor. Licensee may not make copies of the
Software, other than a single copy for archival purposes. Licensee may, for
its internal use only, print copies of the documentation of the Software, in
which event all proprietary rights notices on the Software shall be
reproduced and applied. Except as stated in section 1, Licensee may not
modify, decompile, or otherwise reverse engineer the Software. Licensee may
not distribute the Software, or part of the Software, alone or bundled with
another product, without written permission from Licensor.

The
Software is not designed or licensed for use in on-line control equipment in
hazardous environments such as operation of nuclear facilities, aircraft
navigation or control, or direct life support machines.

The Software
is confidential and proprietary information of Licensor. Licensee agrees to
protect the Software from unauthorized use or disclosure.

Warranty
Disclaimer

Licensor does not warrant that the Software will meet
Licensee’s requirements or that the Software is error-free. Except as
specified in this Agreement, Licensor expressly disclaims all warranties,
express or implied, with respect to the Software, including, but not limited
to, warranties of merchantability, fitness for a particular purpose or
non-infringement.

Limitation of Liability

In no event shall
Licensor be liable to Licensee or a third party for any lost revenue, profit
or data, or for any indirect, special or consequential damages, however
caused and regardless of theory of liability, arising out of the use of or
inability to use the Software, even if Licensor has been advised of the
possibility of such damages.

Termination

This license is
effective from the date of first use of the Software by Licensee and is
perpetual unless terminated by Licensee’s election or by breach of this
Agreement. Licensee may terminate this license at any time by destroying all
copies of the Software, including any documentation. This license will
terminate immediately without notice from Licensor if Licensee fails to
comply with any provision of this Agreement. Upon termination, Licensee must
destroy all copies of the Software, including any
documentation.

Entirety

This Agreement is the complete and
exclusive statement of agreements between Licensee and Licensor relating to
the Software. It supersedes all prior agreements and understandings, and
prevails over any conflicting or additional terms of any quote, order,
acknowledgement, or similar communication between the parties before or
during the term of this Agreement. It may be modified only in writing signed
by both parties.

This Agreement is made under, shall be governed by
and construed in accordance with the French law.