Copyright, Licensing
and
Terms and conditions of supply


 
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Copyright Notice

IPAD-Pro Copyright © 1997-2004 Sergio Masci, all rights reserved.
IPAD Copyright © 1997-2004 Sergio Masci, all rights reserved.
XPE Copyright © 1998-2004 Sergio Masci, all rights reserved.
ZMech Copyright © 1998-2004 Sergio Masci, all rights reserved.
XEBOT Copyright © 1998-2004 Sergio Masci, all rights reserved.
XCASM Copyright © 2000-2004 Sergio Masci, all rights reserved.
XCSIM Copyright © 2000-2004 Sergio Masci, all rights reserved.
XCSB Copyright © 2002-2004 Sergio Masci, all rights reserved.

Email: support@xcprod.com

Primary distribution site for IPAD, IPAD-Pro, XEBOT, ZMech, XCASM, XCSIM and XCSB:

http://www.xcprod.com
 

TERMS AND CONDITIONS OF SUPPLY

The copyright holders do not grant ownership of title to the user but instead may at their discretion grant a conditional non-exclusive restricted license to use their products.

The copyright holders and their agents provide the software "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for any particular purpose. The entire risk as to the quality and performance of the software is with the licensee.

The licensee indemnifies the copyright holders and their agents against any damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the supplied software even if the copyright holders or their agents have been explicitly advised of the possibility of such damages.

The licensee accepts the license and terms and conditions of supply in their entirety and without reservations.

The licensee is expressly forbidden to use or distribute any software provided by the copyright holder in any country, state or territory (however so governed or ruled) in which the presiding law in anyway forbids or invalidates any part of the license or terms and conditions of supply. In such a situation the copyright holder may issue a special license to the prospective end user after receiving a request specifying in detail the requirements of the special license.

 

End User License Agreement

The following types of end user license are currently defined by the copyright holders:
  1. Commercial License

  2.  
  3. Enterprise License

  4.  
  5. Keyed Runtime Only License

  6.  
  7. Anonymous Runtime Only License

  8.  
  9. Student / Hobbyist (non-commercial) License

  10.  

Each of these types of license is derived from the "Base End User License Agreement"

The following terms have special meaning within the context of the end user license agreement and are defined below.

 

Base End User License Agreement

The copyright holder conditionally grants the licensee a non-exclusive restricted license to use his product (herein referred to as the xcore software).

The following restrictions apply.

    The licensee does not have permission to:

  1. sell, trade, distribute, sub-license, lease or exchange the product or any part thereof for any other product, service, concession or monetary sum.

  2.  
  3. substitute any other license in place of the original license granted by the copyright holder.

  4.  
  5. transfer or assign the license to any other party.

  6.  
  7. unilaterally change or modify the license in any way.

  8.  
  9. reverse engineer the xcore software.

  10.  
  11. add software components to a licensed version of the xcore software or otherwise modify it in such a way as to enhance the original licensed version to a level where it can be used to perform tasks other than those provided by the original version. Such a prohibited enhancement would include the ability to produce machine code or data for a non licensed target processor.

  12.  
  13. create new code object functionality or modify existing code object functionality.

  14.  
  15. where a person is using the supplied xcore software on behalf of the licensee (i.e. the licensee is a company or other legal entity), the licensee shall not under any circumstances assign additional personnel to concurrently use the software provided under a specific single user license.

  16.  
  17. where the licensee is a company or other legal entity it accepts full responsibility and obligation for any person using the xcore software on its behalf.

  18.  

All licenses granted by the copyright holder will by default be single user single system licenses. Any single license that grants multiple people permission to use concurrent instances of the xcore software will be clearly marked by the copyright holder as a multi-user or site license.

The license may be revoked without notice or compensation to the licensee and without prejudice to subsequent claims for damages by the copyright holder if the licensee is at any time in breach of the terms of the license.

The copyright holder does not grant permission for the licensee to use any other software, product or system regardless of whether or not it is necessary for the use of the xcore software. The licensee will indemnify the copyright holder against all claims regarding use of the xcore software in conjunction with any other system. E.g. if you use ZMech on an MS Windows systems you must have a license to use that MS Windows system since the ZMech license does not grant you permission to use the MS Windows system.

All end user software and xcore sub-apps resulting from the use of the xcore software must be covered by a valid development license granted by the copyright holder. If a license is revoked the license covering all software produced using the xcore software is also revoked.

Possession of a copy of the xcore software (whether a runtime library or development system) or license key does not confer permission to use the associated xcore software. Permission to use the xcore software can only be granted by the copyright holder.

Definition of the term "xcore software"

The term "xcore software" is used in the context of this document as a device that unambiguously identifies the software and designs provided by and belonging to the copyright holders Sergio Masci and Sentient Real Time Systems Ltd. Under no circumstances is the word "xcore" to imply any other meaning even if it is found to be a common or obscure word in any language or a trademark or otherwise copyright symbol.
    The xcore software includes and is not limited to:

  1. the supplied executable code

  2.  
  3. any supplied source code (including embedded XPE code)

  4.  
  5. the programming interface (whether published, not published or secret)

  6.  
  7. initialisation and configuration data or executable code for any component of the software (including a target processor)

  8.  
  9. the overall system design

  10.  
  11. the graphical user interface (commonly referred to as a GUI) design

  12.  
  13. the XPE programming language (its syntax, grammar, implementation and transient or permanent data or executable code generated during the execution of any XPE code or any XPE related code)

  14.  
  15. the XPE development system design and implementation

  16.  
  17. code object design and functionality (written in any language and executed directly, indirectly or externally to the xcore software)

  18.  
  19. the XCASM CPU definition language (its syntax, grammar, implementation and transient or permanent data or executable code generated during the execution of any XCASM code or any XCASM related code)

    EXCEPTION: any directly executable machine code (for a commercially licensed target processor) resulting from user supplied source code that is not the property of the copyright holder of the xcore software remains the property of its original owner.


  20.  
  21. the XCASM to XCSIM interface language (its syntax, grammar, implementation and transient or permanent data or executable code generated during the execution of any XCASM or XCSIM code or any XCASM or XCSIM related code)

  22.  
  23. the XCSB programming language (its syntax, grammar, implementation and transient or permanent data or executable code generated during the execution of any xcore software).

    EXCEPTION: any directly executable machine code (for a commercially licensed target processor) resulting from user supplied source code that is not the property of the copyright holder of the xcore software remains the property of its original owner.


  24.  

Definition of the term "xcore sub-app"

The term "xcore sub-app" is used in the context of this document as a device that unambiguously identifies a system that is in any way derived from or incorporates any part of the xcore software. This includes software which:
  1. acts in conjunction with the xcore software

  2.  
  3. acts externally to the xcore software and produces code or data which is used by the xcore software or which uses code or data produced by the xcore software.

  4.  

Definition of the term "licensed target processor"

the type of processor licensed to execute the code or data produced by a specific version of the xcore software

Definition of the term "development license"

An xcore software license issued by the copyright holder which is neither:
  1. An anonymous runtime only license

  2.  
  3. A keyed runtime only license

  4.  

Definition of the term "licensee"

The licensee is the person, company or any other legal entity that has been granted an end user license by the owner of the xcore software to use the xcore software. A person working on behalf of a company or legal entity (whether paid or unpaid) that has been granted an end user license for the xcore software (i.e. the company or legal entity being the licensee) is deemed to be using the xcore software on behalf of the licensee.

Definition of the term "end user system"

The end user system is the software and hardware produced by the end user excluding all software, hardware and designs belonging to the owner of the xcore software.

Definition of the term "code object functionality"

The code object functionality is the behaviour of the code object under the direction of the executable code components of the code object for the system and context in which it was created. This includes executable code components written in any language regardless of whether or not the code components are translated to any other language or machine executable form prior to or during the execution phase.

Definition of the term "code object parameters"

  1. The code object parameters are the data that are nominated as user variable data within the executable code components of the code object or the system and context in which the code object is executed. Under no circumstance shall executable code be considered user variable data, regardless of whether or not the code components are translated to any other language or machine executable form prior to or during the execution phase.

  2.  
  3. nominated user variable data is data that can be modified via a predefined GUI dialog (supplied by the copyright holder) and which does not require that the user enter (or otherwise indicate) the internal name (or other identification mark) of the data to be modified.
 

Enterprise License

The following extensions to the base end user license apply. Where these extensions conflict with the base end user license, these extensions will override the base end user license.

The licensee is explicitly granted permission by the owner of the xcore software to:

  1. sell an end user system resulting from the use of the xcore software that bears the assigned enterprise license key issued to the licensee by the copyright holder.

  2.  
  3. create new code object functionality or modify existing licensed code object functionality and to incorporate this code object functionality into an end user system.

  4.  

The licensee is explicitly denied permission by the copyright holder to produce an end user system that incorporates the ability to create or modify existing code objects functionality.

Any component of the end users system that relies on an executable component of the xcore software must be distributed with the corresponding runtime library and license and the appropriate license fee paid to the copyright holder.

 

Student / Hobbyist (non-commercial) License

The following extensions to the base end user license apply. Where these extensions conflict with the base end user license, these extensions will override the base end user license.

The licensee is explicitly denied permission by the owner of the xcore software to sell, trade, distribute, sub-license, lease or exchange a system (or knowledge gained) resulting from the use of the xcore software that bears the student / hobbyist (non-commercial) license for any other product, service, concession or monetary sum.

The student / hobbyist licensed version of the xcore software may be used by the licensee in the personal pursuit of an academic qualification or improvement of software and hardware skills even though the qualification or new skills acquired have a monetary value.

 

Commercial License

The following extensions to the base end user license apply. Where these extensions conflict with the base end user license, these extensions will override the base end user license.

The licensee is explicitly granted permission by the owner of the xcore software to:

  1. sell an end user system resulting from the use of the xcore software that bears the assigned commercial license key issued to the licensee by the copyright holder.

  2.  
  3. create new graphical user interface dialogs (commonly referred to as GUI dialogs) which can in turn be used by the end user (of an appropriately licensed system) to modify code object parameters provided the code object parameters do not interfere with code object functionality provided by the owner of the xcore software.

  4.  

The licensee is explicitly denied permission by the copyright holder to produce an end user system that incorporates the ability to create or modify existing code objects functionality.

Any component of the end users system that relies on an executable component of the xcore software must be distributed with the corresponding runtime library and license and the appropriate license fee paid to the copyright holder.

 

Keyed Runtime Only License

The following extensions to the base end user license apply. Where these extensions conflict with the base end user license, these extensions will override the base end user license.

The licensee is explicitly granted permission by the owner of the xcore software to execute components provided in a specific software library belonging to the owner of the xcore software and bearing the assigned runtime license key issued to the licensee by the copyright holder.

A keyed runtime license is keyed to a specific development license and runtime library. It may only be bought and issued by the software or system developer that holds the development license.

NOTE: An xcore sub-app that uses a keyed runtime library greatly hinders export of the proprietary software components (created by a third party software or system developer) to another xcore sub-app. This helps protect sub-app development investment.

 

Anonymous Runtime Only License

The following extensions to the base end user license apply. Where these extensions conflict with the base end user license, these extensions will override the base end user license.

The licensee is explicitly granted permission by the owner of the xcore software to execute components provided in a specific software library belonging to the owner of the xcore software and bearing the anonymous runtime license key issued to the licensee by the copyright holder.

Having a copy of a runtime license or key is not the same as being granted a runtime license by the copyright holder. The licensee must be registered as such with the copyright holder.

An anonymous runtime license may be bought directly by an end user and provided the end user is a person, used with any xcore sub-app that needs to use the runtime library belonging to the owner of the xcore software and bearing the anonymous runtime key. In this way the end user (a person) may use several xcore sub-apps with one runtime library provided they all use the same anonymous key.

Where the end user is not a person but is instead a company or legal entity that must allocate work to a person, then the end user must have a separate and distinct license for each xcore sub-app or runtime library.

 

Products and associated type of license

ZMech PIC lite - Student / Hobbyist (non-commercial) License
ZMech PIC standard - Student / Hobbyist (non-commercial) License
XCSB lite - Student / Hobbyist (non-commercial) License
XCSB standard - Student / Hobbyist (non-commercial) License
---  
IPAD standard - Commercial License
ZMech standard - Commercial License
XEBOT standard - Commercial License
ZMech PIC pro - Commercial License
XCASM PIC locked - Commercial License
XCSB pro - Commercial License
---  
IPAD Pro - Enterprise License
ZMech enterprise - Enterprise License
XCASM enterprise - Enterprise License
---  
XEBOT KRT - Keyed Runtime Only License
XEBOT ART - Anonymous Runtime Only License
IPAD Pro KRT - Keyed Runtime Only License

 
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