End User License Agreement

This Open Source Maintenance Fee Agreement ("Agreement") is a legal agreement between you ("User") and WiX Toolset ("Project") for the use of the WiX Toolset ("Software"), an open source software project licensed under the Microsoft Reciprocal License ("OSI License"), an OSI-approved open source license. Project offers a Binary Release of the Software to Users in exchange for a maintenance fee ("Fee"). "Binary Release" refers to pre-compiled executable versions of the Software provided by Project. By accessing or using the Binary Release, User agrees to be bound by the terms of this Agreement.

1. Applicability

Project agrees to provide User with the Binary Release in exchange for the Fees outlined in Section 2, subject to the terms of this Agreement. The Fee applies only to Users that use the Software as part of revenue-generating activities and have an annual gross revenue greater than or equal to US$10,000. Users whose annual gross revenue is less than US$10,000 are exempt from this Fee. In addition, Users who pay separate support and/or maintenance fees to the maintainers of the Software are exempt from the Fee outlined in this Agreement. This distinction ensures that duplicate fees are not imposed, promoting fairness and consistency while respecting alternative support arrangements.

2. Monthly Fee and Payment Terms

Revenue-generating Users required to pay the Fee shall follow the payment terms set forth by the Project. Failure to comply with these terms may result in suspending access to the Binary Release. However, this does not restrict the User from obtaining or redistributing binaries from other sources or self-compiling them.

3. Nature of the Fee

The Fee is not a license fee. The Software's source code is licensed to User under the OSI License and remains freely distributable under the terms of the OSI License and any applicable open-source licenses.

4. Conflicts with OSI License

To the extent any term of this Agreement conflicts with User's rights
under the OSI License regarding the Software, the OSI License shall govern. This Agreement applies only to the Binary Release and does not limit User's ability to access, modify, or distribute the Software's source code or self-compiled binaries. User may independently compile binaries from the Software's source code without this Agreement, subject to OSI License terms. User may redistribute the Binary Release received under this Agreement, provided such redistribution complies with the OSI License (e.g., including copyright and permission notices). This Agreement imposes no additional restrictions on such rights.

5. Disclaimer of Warranty and Limitation of Liability

THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.