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1 | End User License Agreement | ||
2 | |||
3 | This Open Source Maintenance Fee Agreement ("Agreement") is a legal agreement | ||
4 | between you ("User") and WiX Toolset ("Project") for the use of the | ||
5 | WiX Toolset ("Software"), an open source software project licensed under | ||
6 | the Microsoft Reciprocal License ("OSI License"), an OSI-approved open source license. | ||
7 | Project offers a Binary Release of the Software to Users in exchange for a | ||
8 | maintenance fee ("Fee"). "Binary Release" refers to pre-compiled executable | ||
9 | versions of the Software provided by Project. By accessing or using the | ||
10 | Binary Release, User agrees to be bound by the terms of this Agreement. | ||
11 | |||
12 | 1. Applicability | ||
13 | |||
14 | Project agrees to provide User with the Binary Release in exchange for the | ||
15 | Fees outlined in Section 2, subject to the terms of this Agreement. The Fee | ||
16 | applies only to Users that generate revenue by the Software. | ||
17 | Non-revenue-generating use of the Software is exempt from this Fee. In | ||
18 | addition, Users who pay separate support and/or maintenance fees to the | ||
19 | maintainers of the Software are exempt from the Fee outlined in this | ||
20 | Agreement. This distinction ensures that duplicate fees are not imposed, | ||
21 | promoting fairness and consistency while respecting alternative support | ||
22 | arrangements. | ||
23 | |||
24 | 2. Monthly Fee and Payment Terms | ||
25 | |||
26 | Revenue-generating Users required to pay the Fee shall follow the payment | ||
27 | terms set forth by the Project. Failure to comply with these terms may result | ||
28 | in suspending access to the Binary Release. However, this does not restrict | ||
29 | the User from obtaining or redistributing binaries from other sources or | ||
30 | self-compiling them. | ||
31 | |||
32 | 3. Nature of the Fee | ||
33 | |||
34 | The Fee is not a license fee. The Software's source code is licensed to User | ||
35 | under the OSI License and remains freely distributable under the terms of the | ||
36 | OSI License and any applicable open-source licenses. | ||
37 | |||
38 | 4. Conflicts with OSI License | ||
39 | |||
40 | To the extent any term of this Agreement conflicts with User's rights | ||
41 | under the OSI License regarding the Software, the OSI License shall govern. | ||
42 | This Agreement applies only to the Binary Release and does not limit User's | ||
43 | ability to access, modify, or distribute the Software's source code or | ||
44 | self-compiled binaries. User may independently compile binaries from the | ||
45 | Software's source code without this Agreement, subject to OSI License terms. | ||
46 | User may redistribute the Binary Release received under this Agreement, | ||
47 | provided such redistribution complies with the OSI License (e.g., including | ||
48 | copyright and permission notices). This Agreement imposes no additional | ||
49 | restrictions on such rights. | ||
50 | |||
51 | 5. Disclaimer of Warranty and Limitation of Liability | ||
52 | |||
53 | THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY | ||
54 | EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED | ||
55 | WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE | ||
56 | DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR | ||
57 | ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL | ||
58 | DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR | ||
59 | SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER | ||
60 | CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, | ||
61 | OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE | ||
62 | OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF | ||
63 | SUCH DAMAGE. | ||