Desktop

License

You may install Xandros Desktop – Professional on a single computer or virtual machine (e.g. VMware, Parallels, XEN, etc.) for commercial or business use, and an unlimited number of machines for non commercial use. Xandros does not require you to register or activate your copy of Xandros Desktop. However, if you would like to avail yourself of free installation support through e-mail, you must register your copy of Xandros Desktop – Professional.

End User License Agreement (EULA)

IMPORTANT: CAREFULLY READ THIS END USER LICENSE AGREEMENT ("EULA") BEFORE USING THIS PRODUCT. BREAKING THE SEALS, INSTALLING, OR OTHERWISE USING THIS PRODUCT INDICATES ACKNOWLEDGMENT THAT THIS LICENSE HAS BEEN READ AND BINDS COMPLIANCE TO THE TERMS.

1. LICENSE:

A. Xandros Desktop ("Software Product") is a modular operating system made up of individual software components that were created by various individuals and entities ("Software Programs" ). The End User may install the Software Product on one computer for commercial use When used with virtualization or emulation technology each virtual or emulated environment shall be considered a computer effectively limiting an End User to one instance of the software running on a single physical computer for commercial use.

B. Many of the Software Programs included in Xandros Desktop are distributed under the terms of the GNU General Public License ("GPL") and other similar license agreements that permit the user to copy, modify and redistribute the Software Programs. Please review the terms and conditions of the license agreement that accompanies each of the Software Programs included in Xandros Desktop.

C. In addition to the freely distributable Software Programs, some versions of Xandros Desktop may also include certain Software Programs that are not distributed under the terms of the GPL or similar licenses that permit modification and redistribution. Generally, each of these Software Programs is distributed under the terms of a license agreement that grants the licensed user to install each of the Software Programs on a single computer for the user’s own individual use. Copying (other than for archival purposes), redistribution, reverse engineering, decompiling and/or modification of these Software Programs is prohibited. Any violation by the user of the applicable license terms shall immediately terminate the license to use the Software Program. In order to view the complete terms and conditions which govern the use of these Software Programs, please consult the license agreement that accompanies each of the Software Programs. If the user does not agree to comply with and be bound by the terms of the applicable license agreements, do not install, distribute or otherwise use the relevant Software Program. If the user wishes to install these Software Programs on more than one computer, please contact the vendor of the program to inquire about purchasing additional licenses.

2. PROPRIETARY RIGHTS:

All right, title and interest in the Software Programs, including source code, documentation, appearance, structure and organization, are held by Xandros Corporation and others and are protected by copyright and other laws.

3. WARRANTY:

IF THIS PRODUCT WAS DISTRIBUTED BY XANDROS ON CD-ROM OR OTHER TANGIBLE STORAGE MEDIA, WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE THAT IT IS ACQUIRED. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, XANDROS, INC. 855 FOX CHASE, HIGHLANDS CORPORATE CENTER, COATESVILLE, PA 19320-1896 AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT PROVIDES CERTAIN RIGHTS AND THE USER MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

4. LIMITATION OF WARRANTIES AND LIABILITY:

EXCEPT WHERE SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT AND THE APPLICABLE LICENSE AGREEMENTS WHICH ACCOMPANY EACH SOFTWARE PROGRAM, XANDROS DESKTOP, INCLUDING WITHOUT LIMITATION EACH SOFTWARE PROGRAM, IS PROVIDED TO THE USER ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF XANDROS DESKTOP IS ASSUMED BY THE USER. NEITHER XANDROS NOR THEIR APPOINTED DEALERS, SUPPLIERS OR LICENSEES SHALL HAVE ANY LIABILITY TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. XANDROS IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO THE USER AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR XANDROS DESKTOP. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.

5. GENERAL RESTRICTIONS:

The user may permanently transfer all of the rights under this EULA, provided that the user retains no copies or registration numbers, that the user transfers all of the Software Product, and that the recipient agrees to the terms of this EULA. The user may not distribute copies of the Software Product to third parties. The user may not rent or lease the Software Product. The user must maintain all copyright notices on all copies of the Software Product. The user may not reverse-engineer, decipher, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. DISTRIBUTION:

If permitted to redistribute Software Programs, it is the user’s responsibility to comply with all export laws, rules and regulations in the jurisdictions where the Software Programs are exported or re-exported from time to time.

7. TERMINATION:

Without prejudice to any other rights, Xandros may terminate this EULA if the user fails to comply with the terms and conditions of this EULA. In such event, the user must destroy all copies of the Software Product, and warrant in writing to Xandros that this has been done.

8. COPYRIGHT:

All title and copyrights in and to the Software Product and any copies thereof are owned by Xandros or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the user no rights to use such content.

9. GENERAL:

This Agreement, together with the GPL and other license agreements which are referred to in section 1, is the entire agreement regarding use of Xandros Desktop, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement shall be governed by and construed in accordance with the laws of State Of Delaware, USA excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this Agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain in full force and effect. Should there be any questions concerning this EULA, or desire to contact Xandros for any reason, please contact us through http://support.xandros.com/contact.php?contactname=feedback.

IF THE ABOVE TERMS ARE NOT ACCEPTABLE, DO NOT OPEN THE SOFTWARE PACKAGING OR BREAK THE SEAL. IF THE PACKAGING AND SEALS ARE INTACT AND COMPLETE THE SOFTWARE CAN BE RETURNED FOR A FULL REFUND.

Copyright © 2008 Xandros Corporation. "Xandros" is a trademark of Xandros, Inc. All Rights Reserved. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.