XENIUM OS2 BETA SOFTWARE LICENCE AGREEMENT

Please read this license agreement (called the "Agreement") carefully. Your use of the software or any related documentation (called the "Software") indicates your acceptance of the following terms and conditions. If you do not agree to these terms and conditions, you may not install or use the Software. 

UPON YOUR ACCEPTANCE OF THIS AGREEMENT, Team Xodus GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE BETA PROGRAM AS FOLLOWS:
 
RECITALS
Use of Team Xoduss products requires three elements: the SOFTWARE, the hardware (Xenium) and a console. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly as accompanying genuine authenticated Team Xodus hardware, which is sold.

NOTICE: The Software is not generally available software, but a beta version. It has not undergone complete testing and may contain errors. It may not function properly and is subject to change or withdrawal at any time. No support or maintenance is provided with the Software. Do not install this software if you are not accustomed to using experimental software. 

The Software is made available at the beta level in order to allow you to evaluate the Software in its developmental stage. We encourage your feedback and suggestions. 

USE OF BETA PROGRAM. You may install and use the Beta and written materials and guides accompanying the Beta Program (the Documentation)  solely for evaluation and testing purposes on a single console. You may not use the Beta Program for any development, commercial or production purposes. The Beta Program may not be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Team Xoduss  prior written consent. 

COPY RESTRICTIONS AND OTHER RESTRICTIONS. You may not copy the Beta Programs except that you may make one copy for back-up and archival purposes and you may make one copy of the Documentation for your own use. You may not modify or adapt the Beta Programs in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Beta Programs. You may not use the Beta Programs for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Beta Programs or Documentation and you must reproduce such notices on all copies or extracts of the Beta Programs and Documentation. Results of benchmark or other performance tests run on the Beta Programs may not be disclosed to any third party without Team Xoduss  prior written consent. 

COPYRIGHT AND OWNERSHIP. The Beta Programs are owned by Team Xodus and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Beta Programs as permitted herein and do not acquire any rights of ownership in the Beta Programs. 
SUPPORT. These Beta Programs are pre-release programs and are provided on an "as is", unsupported basis. Team Xodus shall have no obligation to correct errors or deliver updates to the Beta Programs This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Beta Programs or entitle you to receive the final, generally available version of such Beta Programs should such version be made available by Team Xodus. 

CONFIDENTIAL INFORMATION. Any business and technical information that Team Xodus designates as confidential or proprietary, any reports provided by you to Team Xodus and all information regarding the Beta Programs and the results of your evaluation of the Beta Programs constitute confidential information of Team Xodus ("Confidential Information"). Team Xodus, at its sole discretion, may disclose such Confidential Information. However, you may not disclose to any third party any Confidential Information, including, without limitation, the results of your evaluation of the Beta Programs, without the prior written consent of Team Xodus.  

TERMINATION. Your license to use the Beta Program will automatically terminate as of the general availability from Team Xodus of the software product evolving from the Beta Program. In addition, Team Xodus may immediately terminate this Agreement on notice to you if you breach any of your obligations hereunder. Upon termination, you shall cease using the Beta Program and shall destroy all copies of the Beta Program (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. The provisions regarding Confidential Information shall survive for five years following termination of this Agreement. 

 WARRANTY. You understand that the Beta Programs are pre-release software programs that are experimental and have not been fully tested. Accordingly, the Beta Programs are provided AS IS, without any warranty whatsoever. Team Xodus DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 

LIMITATION ON LIABILITY. Team Xodus SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


