• You can download the latest versions of Native XDS-x86, XDS-C, and TSCP for Windows and Linux and use them to develop application software;
• You will be free to do whatever you want with the applications you will have developed using XDS products, including sell, lease, or otherwise make profit, except for letting them be used in situations requiring fail-safe performance, e.g. as part of an air traffic control system.
• You will be able to redistribute the downloaded XDS products, provided you do not modify the downloaded files in any way and do not charge for redistribution without our consent.
• The XDS products will be licensed to you "as-is", which means that (a) all warranties will be disclaimed and (b) you will not be entitled to receive any support or updates to the licensed product. Should you need assistance or product customization, you will be able to purchase any support, consulting, or custom engineering services from us on a hourly basis.

Excelsior Freeware License Agreement

This License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Excelsior LLC ("Excelsior") for the Excelsior software product identified above, which includes computer software, electronic documentation, and the associated printed materials ("Software"). By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the Software.

LICENSE GRANT

Excelsior hereby grants to you a non-exclusive, transferable limited license to use the accompanying Software on the following terms:

You may: a. install and use the Software on any computer in your possession or under your control; and b. copy and redistribute the Software provided it is not modified in any way and you do not charge for its distribution without Excelsior's explicit prior written permission.

You may not: a. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; b. sell, rent, lease, or charge for access to the Software; c. remove any proprietary notices or labels on the Software. or d. distribute the Software for a fee, whether as a stand-alone product, or as part of a compilation or anthology, without Excelsior's prior written consent;

REDISTRIBUTION RIGHTS

In addition to the Software redistribution rights granted above, Excelsior hereby grants to you a non-exclusive, royalty-free right to reproduce and distribute the files identified in the "Redistributable Components" Chapter of Software documentation ("Redistributable Files"), if any, provided that you agree to: a. Distribute the Redistributable Files in object (binary) code form only and as a part of your software product; b. Not suppress, alter or remove proprietary rights notices contained therein; c. Include a valid copyright on your software product; d. Indemnify, hold harmless, and defend Excelsior LLC and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software product; and e. Your license agreement with Your distributors and/or customers will: (i) not permit Your end users to modify, translate, reverse engineer, decompile, or disassemble the Redistributable Files except as expressly permitted by law; (ii) not permit further distribution of the Redistributable Files by Your end users; (iii) include statements that Your product is licensed not sold, and that title to such offering is not passed to the end user; (iv) include statements that Your product may include material licensed by a third party, and that You have assumed responsibility for the presence and use of this material; and (v) comply with the requirements of the Disclaimer of Warranty and Limitation of Liability sections below as appropriate.

TITLE

Title, ownership rights, and intellectual property rights in and to the Software, and any copies of the Software shall at all times remain with Excelsior and/or its suppliers. The Software is protected by the copyright laws of the Russian Federation and international copyright treaties.

TECHNICAL SUPPORT AND UPDATES

This Agreement does not entitle you to receive from Excelsior printed manuals, technical support, phone support, updates, or enhancements to the Software. Excelsior may at its own discretion offer fee-based support, consulting and custom engineering services for the Software.

NO FAIL-SAFE USES

The Software has been created using technologies that are not fault tolerant and thus the Software is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the technologies employed in the Software could lead directly to death, personal injury, or severe physical or environmental damage.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED TO YOU "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCELSIOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. EXCELSIOR DOES NOT WARRANT THAT ANY OR ALL FAILURES OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR WARRANT THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS YOU SELECT.

NO EXCELSIOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXCELSIOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EXCELSIOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

You may terminate this license at any time by destroying all copies of the Software you received or made under this Agreement. This Agreement shall terminate automatically if you fail to comply with any of its terms and conditions. On such termination, you must destroy all copies of the Software you received or made under this Agreement. The Disclaimer of Warranty and Limitation of Liability sections above shall survive termination of this Agreement.

This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the Software.