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