XtraBuild Designer Standard Edition for Windows
Copyright 2013 © Ardeal Soft SRL. All Right Reserved

"XtraBuild Designer" is a trademark of Ardeal Soft SRL.


READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
THE AUTHORS GRANT YOU A LIMITED LICENSE TO USE THIS SOFTWARE FOR EVALUATION PURPOSES FOR A PERIOD NOT TO EXCEED 30 DAYS. YOU HAVE TO PURCHASE A LICENSE KEY FOR CONTINUED USE OF THE SOFTWARE AFTER IT HAS EXPIRED.

XTRABUILD DESIGNER, FURTHER REFERRED TO AS “THE SOFTWARE”, IS NOT A PUBLIC DOMAIN PROGRAM. IT IS COPYRIGHTED BY ARDEAL SOFT SRL, FURTHER REFERRED TO AS “THE AUTHORS”. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY EUROPEAN COPYRIGHT LAW AND ALSO BY INTERNATIONAL TREATY PROVISIONS.

BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE.

SOFTWARE GRANT OF LICENSE
Ardeal Soft grants to you a personal, nonexclusive license to install and use the software for the sole purposes of building, developing, testing, and deploying application programs, which you create.

A purchased License Key is required to validate the Software and remove any limitations of the unlicensed edition of the Software.

If the SOFTWARE you have obtained is marked as a "TRIAL" you may install one copy of the SOFTWARE for testing purposes for a period of 30 calendar days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, the SOFTWARE must be uninstalled and all copies destroyed.

OWNERSHIP
Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Ardeal Soft SRL.
You have no ownership rights of the Software, Software is licensed, not sold. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect.

COPYRIGHT
The Software itself and the contained materials are protected by European Union Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Ardeal Soft SRL.
You may not remove any proprietary notice of Ardeal Soft SRL from any copy of the Software or Documentation.

RESTRICTIONS
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
All text and graphic images retrieved by the Software via the internet is licensed to you for personal, non-commercial use only. You must not use any Downloaded Data for any commercial purpose, or aggregate it with any other data in a database. Prohibited use includes, but is not limited to, using Downloaded Data in a website that aims to earn revenues from its visitors in any way, including selling products or site advertising.
The software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.

CONFIDENTIALITY
You acknowledge that any license key that you have purchased or will purchase will be kept confidential by you and will not be published in any way. Publication of your license key immediately terminates this License Agreement, and gives Ardeal Soft SRL the right to invalidate the license key without refunding your purchase.

SOFTWARE REFUND POLICY
Our software is available on a try-before-you-buy basis, there are free trial versions you can download to ensure that you can fully experience it prior to making your purchase. When available, documentation for software is also available online. We encourage you to try the software prior to making your purchase to ensure that it meets your requirements. You can find links to free trial download pages and documentation on the individual product pages within the XtraBuild.com site.
Ardeal Soft offers a 30 day no questions asked money back guarantee on all products purchased online from Ardeal Soft. You can request a refund by writing to sales@xtrabuild.com within 30 days of your purchase.

LIMITED WARRANTY
Ardeal Soft SRL guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the online documentation provided however that such limited warranty shall not apply to the following: Your Computer’s deficiencies and related infringement for which Ardeal Soft SRL expressly disclaims any warranty responsibility; malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Ardeal Soft SRL; or any other third parties’ or Your actions or causes beyond Ardeal Soft SRL reasonable control; any defect not made known by You to Ardeal Soft SRL as soon as practical after the defect first appears; and incompatibility caused by hardware and/or software components installed on Your Computer.

This limited warranty is the only warranty provided by Ardeal Soft SRL regarding the software, except for the limited warranty above, the software is provided "as is." to the maximum extent permitted by law, Ardeal Soft SRL disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Ardeal Soft SRL does not warrant that the functions contained in the software will meet any requirements or needs you may have, or that the software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.

You acknowledge, accept and agree that no software is error-free and you are advised to back up the Computer with the frequency and reliability suitable for you.
Ardeal Soft SRL does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.

THE SOFTWARE IS PROVIDED "AS IS" AND ARDEAL SOFT SRL MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. ARDEAL SOFT SRL AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ARDEAL SOFT SRL MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO ARDEAL SOFT SRL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARDEAL SOFT SRL OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF ARDEAL SOFT SRL OR ANY OF ITS PARTNERS, EVEN IF ARDEAL SOFT SRL OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT IN THE EVENT ARDEAL SOFT SRL AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF ARDEAL SOFT SRL AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF ARDEAL SOFT SRL AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO ARDEAL SOFT SRL OR THE PARTNER (AS MAY BE APPLICABLE).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

FOR SOFTWARE COMPONENT PRODUCTS THAT EMULATE THE LOOK & FEEL AND CAPABILITIES OF THE MICROSOFT(R) OFFICE(R) 2007 and 2010 UI.
No rights are provided to Developer End User to the Microsoft(r) Office(r) 2007 and 2010 UI under this Ardeal Soft License Agreement. To learn more about licensing requirements for the Microsoft(r) Office(r) 2007 and 2010 UI, you must contact Microsoft Corporation directly. Information related to Microsoft's licensing requirements for the Office(r) 2007 and 2010 UI can be found at: http://msdn.microsoft.com/officeui.


INTELLECTUAL PROPERTY OWNERSHIP
You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of Ardeal Soft SRL or its partners and that Ardeal Soft SRL and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark of Romania, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of Ardeal Soft SRL and/or its partners ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. Ardeal Soft SRL and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by Ardeal Soft SRL or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Ardeal Soft SRL reserves all rights not expressly granted to you in this Agreement.
You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.

TERMINATION
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to ARDEAL SOFT SRL all copies of the Software, Downloaded Data and Documentation in your possession or under your control. ARDEAL SOFT SRL may terminate this License Agreement for any reason, including, but not limited to, if ARDEAL SOFT SRL finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to ARDEAL SOFT SRL all copies of the Software and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, downloaded data, submitted data and non-disclosure shall survive the termination of this Software License Agreement.

GENERAL
This License Agreement shall be construed, interpreted and governed by the laws of the European Union without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Bucharest, Romania. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.

If You acquired this Software Product in the European Union, this EULA is governed by the laws of Romania. If this Software Product was acquired outside the European Union, then local law may apply.

This EULA may only be modified in writing signed by you and an authorized officer of Ardeal Soft SRL. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
Ardeal Soft reserves all rights not specifically granted in this EULA.

ACKNOWLEDGEMENTS
End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

ARDEAL SOFT SRL CONTACT INFORMATION
Should you have any questions concerning this EULA, or if you desire to contact Ardeal Soft for any reason, please contact us directly in Romania at +40-743-901917, or write: ARDEAL SOFT SRL, Petofi Sandor street No 8/7, 440026 Satu Mare, Romania.

All trademarks and registered trademarks are property of their respective owners.