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The xTuple End-User License Agreement

This license is between you and xTuple and applies to the Software (as defined below). This license explains your rights to use and modify the Software. By signing below, you accept this license and agree to comply with its terms and conditions.

1. Definitions. The following definitions apply to this license:

1.1. "Contribution" means any work derived from the Software by a Contributor, including, without limitation, any modification, addition, or deletion made to the Software by xTuple, another Contributor, or you.
1.2. "Contributor" means any party that develops a Contribution to the Software and includes, but is not limited to, xTuple and you.
1.3. "xTuple" means OpenMFG, LLC, a Virginia limited liability company and owner of the Software.
1.4. "Software" means the xTuple Software, all accompanying documentation, and any Contributions added to the xTuple Software or its User Guide.

2. Rights Granted. xTuple licenses you to do the following with the Software:

2.1. Copy, install, and modify the source code version of the Software;
2.2. Use the Software for your own internal business purposes as an end-user of the Software.

This license is world-wide, non-exclusive, perpetual or annual, depending on the license fee paid, (unless terminated for breach), and non-transferable.

3. License Fee. In exchange for the license granted in Section 2, you agree to pay to xTuple or its authorized reseller an annual license fee of $___ or a perpetual license fee of $___. You must pay the annual license fee within thirty (30) days after the date of this license and each subsequent anniversary thereof for which you desire to renew the license (provided that you are not in breach). You must pay the perpetual license fee within thirty (30) days after the date of this license.

4. Licensee Obligations. You are required to do the following when using or modifying the Software:

4.1. Include all original copyright and trademark notices and disclaimers;
4.2. Include the text of this license; and
4.3. Deliver to xTuple or its authorized reseller in digital or electronic format all Contributions that you make to the Software.

5. Prohibitions. You are not permitted to do any of the following with the Software:

5.1. Distribute a source code version of the Software containing your Contributions;
5.2. Distribute your Contributions to any party other than xTuple or its authorized reseller;
5.3. Distribute or redistribute a compiled binary version of the Software in its original or modified form;
5.4. Process or permit to be processed any other party’s data for a fee or other consideration;
5.5. Use the Software in the operation of a service bureau;
5.6. Provide consulting services related to developing, installing, implementing, or training for the use, modification, or distribution of the Software to any party outside of your business for a fee;
5.7. Develop or contribute to the development of a software application that competes with the Software.

Parties interested in reselling the Software, or providing services related to the Software, are encouraged to contact xTuple about a reseller or consultant arrangement, which would include a separate agreement and license.

6. No Additional Services. Under the terms of this license, xTuple is not responsible for installing, supporting, maintaining, or updating the Software, for training you to install, use, support, maintain, update, or modify the Software, or for converting, entering, or verifying any data. xTuple and its authorized resellers provide maintenance, support, training, and consulting services for a fee under separate written agreements.

7. Ownership. xTuple owns all right, title, interest, copyright, and patent rights in and to the original and all modified versions of the Software, including, without limitation, all Contributions made by you or any other party. To the extent that xTuple does not own your Contributions, you hereby transfer to xTuple all right, title, interest, copyright, and patent rights in and to your Contributions. xTuple reserves the right to sell or license for a fee the Software and any Contributions in connection with a license to use the Software and the Contributions in connection with support, maintenance, or consulting services.

8. Limitations on Liability. In no event will xTuple or any other Contributor be liable for any damages whatsoever, including, but not limited to, lost revenue or profits or other direct, indirect, special, incidental, or consequential damages, even if they have been advised of the possibility of such damages, except to the extent any applicable law prohibits this disclaimer.

9. NO WARRANTIES. The Software and this license document are provided AS IS with NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

10. Choice of Law. This license is governed by the laws of Virginia, including the Virginia Uniform Computer Information Transactions Act. Disputes must be settled in the state or federal courts located in Norfolk, Virginia.

11. Termination. If you breach any term or condition of this license or fail to perform any of your obligations under this license, then this license will automatically terminate, unless you have cured your breach or failure to xTuple's satisfaction within 30 days after xTuple or its authorized reseller has notified you of it. Upon termination, you must immediately stop using, modifying, and distributing the Software, deliver to xTuple or its authorized reseller all of your Contributions (whether or not completed), and delete all versions of the Software and Contributions from your systems. xTuple may seek injunctive relief and money damages against you if you breach this license or fail to perform your obligations.