End User License Agreement (EULA)
IMPORTANT LEGAL NOTICECAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THESOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOUCONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,CANCEL THE INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE. AFTERACCEPTING THE LICENSE AGREEMENT YOU HAVE THE RIGHT TO USE THE SOFTWARE INACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. DEFINITIONS
1.1 Software means software including any Updates, User Manual. The Software to which thislicense applies (the "Software"), is XSD2Code++.
1.2 The Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means
CodeNGine Technologies defined by the laws of France.
1.3 Computer(s) means hardware(s), including personal computers, laptops, workstations, orother electronic devices for which the Software was designed where the Software will be
installed and/or used.
1.4 End User (You/Your) means individual(s) installing or using the Software on his or her own
behalf or who is legally using a copy of the Software; or, if the Software is being downloaded or
installed on behalf of an organization, such as an employer, "You" further means theorganization for which the Software is downloaded or installed and it is represented hereby thatsuch organization has authorized the person accepting this agreement to do so on its behalf.
For purposes hereof the term "organization" without limitation, includes any partnership, limited
liability company, corporation, association, joint stock company, trust, joint venture, labororganization, unincorporated organization, or governmental authority.
1.5 Partner(s) means organizations or individual(s), who distributes the Software based on anagreement and license with the Rightholder.
1.6 Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications,copies, additions or maintenance packs etc.
1.7 User Manual means user manual, administrator guide, reference book and related
explanatory or other materials.
1.8 "TRIAL EDITION" means a version of the SOFTWARE, so identified, for use under a limited
Trial License only to review, demonstrate and evaluate the SOFTWARE for a limited time periodof 15 days.
1.9 "FALLBACK VERSION" means the most recent Product Version that CodeNGine
Technologies made available for public purchase prior to the Fallback Date, along with any Bug
Fix Updates for that Product Version. The Fallback Version does not include any Productupdates or upgrades other than Bug Fix Updates that User may have used in the period between
the Fallback Date and the expiration date of User’s Subscription.

1.8 "SERVICE SUPPORT PLAN" means the period during which major version updates areincluded.
2. GRANT OF LICENSE
The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, anddisplay (to “use”) the Software provided You comply with all terms and conditions of this EULA.
2.1. INSTALLATION
You may install and use the SOFTWARE on a single computer; OR install and store theSOFTWARE on a storage device, such as a network server, used only to install the SOFTWARE on
your other computers over an internal network, provided you have a license for each separate
computer on which the SOFTWARE is installed and run.
2.2 COPY
You have the right to make a copy of the Software solely for back-up purposes and only toreplace the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when You lose the right touse the Software or when Your license is terminated for any reason according to the legislation
in force in the country of Your principal residence or in the country where You are using theSoftware.
2.3 NO RENTAL
You may not rent, sell, lease or lend, the Software. You may not modify or create derivative
works based on the Software in whole or in part. You may not permit third parties to benefit fromthe use of functionality of the Software through a timesharing, service bureau or otherarrangement.
2.4 TRANSFER
You may not transfer the Software or this EULA to another End User. Exceptions may be granted
at our discretion if You request such consent prior to concluding arrangements with the party
interested in acquiring the Software and EULA.
2.5 NOT FOR RESALE SOFTWARE
Software identified as “Not for Resale”, “NFR”, "Evaluation Copy", or “Demo” is collectively
referred to herein as “Demo Software”. Only Software which is registered with the Rightholder
will be fully functional and You are granted the warranties and remedies herein only with respectwith to registered Software. All other Software not registered will also be deemed DemoSoftware. Notwithstanding anything to the contrary herein, Demo Software:(i) may not be used for any purpose other than demonstration, test or evaluation;(ii) will not have all the functionality or features of the registered Software;(iii) is provided with no representations or warranties whatsoever, but is provided solely on an“AS IS” basis; and(iv) will not be provided any support or maintenance, and You will receive no upgrades, updates
or supplements for the Demo Software.

Furthermore, notwithstanding anything to the contrary herein, You are not entitled to any
remedies, monetary or replacement, with respect to Demo Software provided to You. Although
the Demo Software does not have all the rights of the fully registered Software, You neverthelessagree to be bound by any obligation and acknowledgement herein which is applicable to any
Demo Software.
3. NO REFUND
Because the Software is provided free of charge during the Trial Period to allow potential
customers to evaluate and test it before paying the license fee, Rightholder enforces a strict norefund policy. Please evaluate and test the Software carefully during the Trial Period. Once you
pay the license fee, your payment is final and may not be reimbursed.
4. LIMITATION ON REVERSE ENGINEERING, DECOMPILING, COPYING AND DISASSEMBLY
You may NOT reverse engineer, decompile, copy or disassemble the Software.
5. TERMINATIONWithout prejudice to any other remedy in law or in equity that the Rightholder may have, in theevent of any breach by You of any of the terms and conditions of this Agreement, the Rightholder
shall at any time without notice to You be entitled to terminate this License to use the Software
without refunding the purchase price or any part thereof.
6. CONSENT TO USE OF DATA
You agree that the Rightholder and its affiliates may collect, store and use information about
You as a person including Your name, address, email address and payment history, and Your
computer as part of registration and/or authorization process and to provide support services
related to the Software. The Rightholder will take customary industry measures to assure thatthe information stored in the Rightholder’s database about You and Your computer cannot be
used to identify You or Your Computer. The Rightholder may engage other companies andindividuals (“subcontractors”) to perform functions on its behalf, such as payment processing,order fulfilment, marketing programs and customer service.
7. UPGRADES - UPDATES - SUPPLEMENTS
The SOFTWARE has built in functionality to automatically check for updates by transmitting
data to the xsd2code servers. You agree that the SOFTWARE may transfer such data over yournetwork and the internet to xsd2code servers, download updates and install them as part of theSOFTWARE.
This EULA applies to upgrades, updates or supplements to the original Software provided by theRightholder, unless other terms are provided along with the upgrade, update or supplement.
Such upgrades, updates and supplements may include a separate end user license agreement(“Component Agreement”) which You must review and agree to before using any such upgrade,update or supplement. In the event of any inconsistencies between this EULA and any
Component Agreement, the terms of this EULA shall control.
8. OWNERSHIPThe Software is protected by copyright and other intellectual property laws and treaties. The
Rightholder or its suppliers own the title, copyright, and other intellectual property rights in theSoftware. Any copy of the Software You make must contain the same proprietary notices as
contains in the original copy delivered to You.
9. NO WARRANTIES AND DISLCAIMER
9.1 You acknowledge, accept and agree that no software is error free and You are advised toback-up the Computer, with frequency and reliability suitable for You.
9.2 The Rightholder does not provide any guarantee that such-and-such 3rd party product (a“plugin”, for example) will work correctly with the Software.
9.3 THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO
REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR
ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE
EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NOWARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BYSTATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING,WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOUASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FORSELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THEINSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUTLIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATIONAND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROMINTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL YOURREQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
10. EXCLUSION AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THERIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FORBUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OFDATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY,DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMICLOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF ORIN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISIONOF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, ANDRELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OFTHE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THISAGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDINGNEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANYBREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER ORANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUNDLIABILE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BYTHE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER

AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER
OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONALINJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THISAGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY
SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU
CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND
LIMITATIONS.
11. THIRD PARTY LICENSES
The Software may include some software programs that are licensed (or sublicensed) to theuser under the Mozilla Public License 1.1 (MPL 1.1 - Mozilla Foundation) or other similar freesoftware licenses which, among other rights, permit the user to copy, modify and redistributecertain programs, or portions thereof, and have access to the source code ("Open SourceSoftware"). If such licenses require that for any software, which is distributed to someone in an
executable binary format, that the source code also be made available to those users, then thesource code should be made available by sending the request to support@xsd2code.com or thesource code is supplied with the Software. If any Open Source Software licenses require that
the Rightholder provide rights to use, copy or modify an Open Source Software program that arebroader than the rights granted in this Agreement, then such rights shall take precedence over
the rights and restrictions herein.
12. GOVERNING LAWThis Agreement will be governed by and construed in accordance with the laws of France
without reference to conflicts of law rules and principles.
Any dispute arising out of the interpretation or application of the terms of this Agreement or any
breach thereof shall, unless it is settled by direct negotiation, be settled by in the Tribunals ofFrance.
13. ENTIRE AGREEMENT - SEVERABILITY - NO WAIVER
This Agreement is the entire agreement between You and the Rightholder and supersedes anyother prior agreements, proposals, communications or advertising, oral or written, with respect
to the Software or to subject matter of this Agreement. You acknowledge that You have read thisAgreement, understand it and agree to be bound by its terms. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason,
in whole or in part, such provision will be more narrowly construed so that it becomes legal andenforceable, and the entire Agreement will not fail on account thereof and the balance of theAgreement will continue in full force and effect to the maximum extent permitted by law orequity while preserving, to the fullest extent possible, its original intent. No waiver of any
provision or condition herein shall be valid unless in writing and signed by You and an authorized
representative of the Rightholder provided that no waiver of any breach of any provisions of thisAgreement will constitute a waiver of any prior, concurrent or subsequent breach. The
Rightholder’s failure to insist upon or enforce strict performance of any provision of thisAgreement or any right shall not be construed as a waiver of any such provision or right.

14. SUPPORTTHIS LICENSE DOES NOT GRANT YOU ANY SUPPORT SERVICES.
15. DOCUMENTATION AND EXAMPLESCODENGINE TECHNOLOGIES BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS, OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATIONIN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.
16. CONTACT INFORMATION
Should You have any questions concerning this Agreement, or if you desire to contact theRightholder for any reason, please contact:
CodeNGine Technologies - 21 rue clément mirabel, 34660 Cournonterral - France
SIRET 85257252800010
Intra-community VAT:FR 6285257252
E-mail : support@xsd2code.com
Web site : www.xsd2code.com