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END-USER LICENSE AGREEMENT FOR Xavor SharePoint 2010 Migrator IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Xavor End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Xavor for the Xavor software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Xavor SharePoint 2010 Migrator"). By installing, copying, or otherwise using the Xavor SharePoint 2010 Migrator, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Xavor, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Xavor SharePoint 2010 Migrator.
The Xavor SharePoint 2010 Migrator is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Xavor SharePoint 2010 Migrator is licensed, not sold.
Xavor SharePoint 2010 Migrator is available for license solely to Software owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
Xavor grants to you a personal, non-transferable and non-exclusive right to use the copy of the Xavor SharePoint 2010 Migrator provided with this EULA. You agree you will not copy the software except as necessary to use it on a single computer. You agree that you may not copy the written materials accompanying the software. Modifying, translating, renting, copying, transferring or assigning all or part of this software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the software. You may not transfer this software.
The software is licensed, not sold. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of Xavor and/or its suppliers, and you will not acquire any rights to the software, except as expressly set forth above.
All copies of the software will contain the same proprietary notices as contained in or on the software. All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software product), the accompanying printed materials, and any copies of the software product, are owned by your company or its suppliers. The software product is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the software product.
Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the Xavor SharePoint 2010 Migrator.
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Xavor.
Disclaimer of Warranty
Xavor expressly disclaims any warranty for the Xavor SharePoint 2010 Migrator. Xavor SharePoint 2010 Migrator is provided `As Is` without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Xavor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Xavor SharePoint 2010 Migrator. Xavor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Xavor further expressly disclaims any warranty or representation to Authorized Users or to any third party. XAVOR IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
Limitation of Liability
In no event shall Xavor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of `Authorized Users` use of or inability to use the Xavor SharePoint 2010 Migrator, even if Xavor has been advised of the possibility of such damages. In no event will Xavor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Xavor shall have no liability with respect to the content of the Xavor SharePoint 2010 Migrator or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information. Only OOTB data migration is supported. Anything beyond OOTB data will out of scope including but not limited to workflows, alerts, email enabled lists and similar custom data.
You may not loan, rent, or lease Xavor SharePoint 2010 Migrator. You cannot install this software on multiple machines unless explicit permission is granted from Xavor. Xavor can grant non-transferable NFR copy of software to Microsoft MVP’s.
If the software is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the software product is an upgrade of a software program which you licensed as a single product, the software product may be used only as part of that single product package and may not be separated for use on more than one computer.
Indemnification by You
If you distribute the software in violation of this Agreement, you agree to indemnify, hold harmless and defend your company and its suppliers from and against any claims or lawsuits, including attorney`s fees that arise or result from the use or distribution of the software in violation of this Agreement.
Without prejudice to any other rights, Xavor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Xavor SharePoint 2010 Migrator in your possession.