- Standard Edition GPLv3
- Commercial License for OEM use
- Logo Copyright and Usage Agreement
- Third Party Licenses
Licensed under GPL, Version 3.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.gnu.org/licenses/gpl-3.0.en.html#license-text
The Xtouch Commercial License is designed to accommodate OEM (Original Equipment Manufacturer) use cases. This license is applicable when an entity or individual intends to incorporate Xtouch into a product or device with the intention of commercial sale or distribution.
Under the Xtouch Commercial License:
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OEM Use: You are required to obtain the Xtouch Commercial License if you plan to integrate Xtouch into any product, system, or device that is intended for commercial purposes, including but not limited to sale, distribution, or deployment as part of a commercial offering.
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Examples of OEM Use: Examples of OEM use include, but are not limited to, embedding Xtouch within consumer electronics, industrial equipment, commercial software applications, or any product or device intended for sale or commercial distribution.
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License Fee: A license fee may be applicable for the Xtouch Commercial License. The details of the license fee, including the amount, payment methods, and any payment schedules, will be outlined separately and agreed upon between the Licensor and the Licensee.
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Non-OEM Use: If you do not intend to use Xtouch in an OEM context, you have the option to use Xtouch under the terms of the GNU General Public License (GPL) Version 3.0, as provided by the open-source community.
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Compliance: Regardless of whether you choose the Xtouch Commercial License or opt for the GPL, you must ensure compliance with the terms of all other licenses, including those of any third-party libraries or components integrated with Xtouch.
Licensed under Xtouch Pro Edition License Version 1.0.0
### 1. Preamble
This Agreement governs the relationship between You (hereinafter: Licensee) and Pedro Rafael Casaubon Aguilar (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Xtouch Pro Edition (hereinafter: The Software) created and owned by Licensor, as detailed herein.
### 2. License Grant
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
###### 2.1. Limited
Licensee may use Software for the purpose of:
**2.1.1. Distribute verbatim copies of Software’s output (including compiled binaries);**
**2.1.2. Modify Software to suit Licensee’s needs and specifications.**
###### 2.2. Binary Restricted
Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to {apps} codebases.
###### 2.3. Non Assignable & Non-Transferable
Licensee may not assign or transfer his rights and duties under this license.
###### 2.4. Commercial, Royalty Free
Licensee may use Software for any purpose, including paid-services, without any royalties.
###### 2.5. Including the Right to Create Derivative Works
Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made.
### 3. Term & Termination
The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
**Became insolvent or otherwise entered into any liquidation process; or exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or Licensee in breach of any of the terms of clause 2 to this license; or Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.**
### 4. Payment
In consideration of the License granted under clause 2, Licensee shall pay Licensor a {fee}, via PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
### 5. Upgrades, Updates and Fixes
Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
###### 5.1. Upgrades
for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
###### 5.2. Updates
for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
###### 5.3. Fix
for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
### 6. Support
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
###### 6.1. Bug Notification
Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
###### 6.2. Feature Request
Licensee may request additional features in Software, provided, however, that (i) Licesee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
### 7. Liability
To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licesee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licesee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
### 8. Warranty:
###### 8.1. Intellectual Property
Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
###### 8.2. No-Warranty
The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software.
###### 8.3. Prior Inspection
Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
### 9. No Refunds
Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
### 10. Indemnification
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
### 11. Governing Law, Jurisdiction
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.This Logo Copyright and Usage Agreement (the "Agreement") is entered into between:
**Licensor:** Pedro Casaubon Aguilar
**Licensee:** You, the licensee, as identified in the main software license agreement.
**1. Copyright Ownership**
1.1 The Licensor, Pedro Casaubon Aguilar, retains all intellectual property rights, including copyright, for the Xtouch logo (the "Logo").
1.2 The Licensee, acknowledges and agrees that this Agreement does not grant the Licensee any ownership or copyright rights for the Logo.
**2. Usage Rights and Guidelines**
2.1 The Licensor grants the Licensee a limited, non-exclusive, non-transferable, and revocable license to use the Logo solely for the purposes outlined in this Agreement.
2.2 The Licensee may use the Logo only for the following purposes:
- To promote and market the Xtouch software as licensed under the main software license agreement.
2.3 The Licensee agrees to use the Logo in accordance with the following guidelines:
- The Logo shall not be modified, altered, or distorted in any way.
- The Logo shall not be used in a manner that could mislead or deceive consumers.
- The Logo shall not be used in a way that implies endorsement, sponsorship, or affiliation with the Licensor beyond what is explicitly permitted by this Agreement.
- The Logo shall be used in compliance with all applicable laws and regulations.
2.4 The Licensee shall not use the Logo for any purpose other than those expressly permitted under this Agreement without obtaining prior written consent from the Licensor.
**3. Termination**
3.1 This Agreement and the Licensee's rights to use the Logo may be terminated by the Licensor if the Licensee breaches any of the terms and conditions of this Agreement.
3.2 Upon termination, the Licensee shall immediately cease all use of the Logo and remove any instances of the Logo from their materials, products, or services.
**4. Governing Law and Jurisdiction**
4.1 This Agreement shall be governed by and construed in accordance with French Law, without regard to its conflict of laws principles.
4.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in France.
**5. Entire Agreement**
5.1 This Agreement constitutes the entire understanding between the Licensor and the Licensee regarding the copyright ownership and usage rights of the Logo and supersedes all prior agreements and understandings, whether oral or written.
IN WITNESS WHEREOF, the Parties hereto have executed this Logo Copyright and Usage Agreement as of the Effective Date.