Xtreme Journal System 2.1.4

EULA - End User License Agreement

Xtreme Journal System Agreement 1.0

YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS: THIS LICENSE AGREEMENT ("LICENSE") IS AN AGREEMENT BETWEEN YOU AND STRUM STUDIOS FOR THE USE OF THE XML JOURNAL SYSTEM. BY LICENSING AND INSTALLING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE (UNLESS YOU HAVE ENTERED INTO A DIFFERENT LICENSE AGREEMENT FOR THE SOFTWARE SIGNED BY STRUM STUDIOS AND THAT AGREEMENT PROVIDES THAT IT WILL GOVERN YOUR USE OF THE SOFTWARE). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.

1. Definitions.

The following definitions apply to the terms and conditions included in this Agreement.

XJS
means the group of diary/journal applications, developed by Strum Studios.

Software
means XJS, all program and information files and other documentation which are part of the XJS Software package, with the exception of the Registration Codes and 3rd party software.

Registration Code
registers a paid version of the software. This enables full editing capabilities.

Individual
means a particular person.

Third Party Software
means any software not written by Strum Studios

2. Scope. XJS is an umbrella of applications. This agreement applies to XJS for Windows and any other product branded under the XJS line.

3. License Restrictions. You may not: (a) reproduce or distribute all or any portion of the Software to any third party; (b) remove any proprietary notices from the Software or any copy thereof; (c) sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Software to any other person; (d) export or reexport the Software in violation of U.S. export laws; (e) use the Software in violation of any applicable law, regulation or ordinance. Further, You may not use the Software or any related services to develop, generate, transmit or store information that: (i) infringes any third party's intellectual property or other proprietary right; or (ii) is illegal. One license is required for each user of the Software. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses. You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.

Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Strum Studios.

4. Copyright; Proprietary Rights. The Software is All Rights Reserved © 2008 Strum Studios and is protected by United States and international copyright laws. All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Strum Studios. Title to and ownership of the Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Strum Studios and its suppliers. You shall not take any action to jeopardize, limit or interfere with Strum Studio's ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or use of the Software is a breach of this License. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

5. Indemnity. You agree to indemnify, hold harmless and defend Strum Studios, at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Strum Studios arising out of or relating to your (a) violation or breach of any term of this License, or (b) use or misuse of the Software.

6. Refunds. Strum Studios accepts returns for the Software within 30 days of purchase with no questions asked. Outside of 30 days, no refunds are accepted for the named Software.

7. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY STRUM STUDIOS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, STRUM STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

8. Limitation of Liability. YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL STRUM STUDIOS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF STRUM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

STRUM STUDIOS' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO STRUM STUDIOS FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE STRUM STUDIOS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

9. General Provisions. The terms set forth in this License and any related service agreements constitute the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this License shall nonetheless remain in full force and effect. Any term of this License may be amended and the observance of any term may be waived only with the written consent of the parties. The failure of Strum Studios at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This License shall be governed by and construed in accordance with the laws of the STATE OF UTAH without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Salt Lake City, Utah.

10. Third Party Software. XJS uses Third Party Software, which requires Strum Studios to agree to certain licenses. Strum Studios has reviewed and accepted all Third Party Licenses. Strum Studios has made the said licenses available for anyone to view at http://www.xtremejournalsystem.com/Licenses.aspx. They make sure the original authors get credit for their hard work.

Any variation to the terms of this Agreement shall only be valid if made in writing by Strum Studios.

If you have any questions concerning this License, please visit the website at http://www.xtremejournalsystem.com.