END USER LICENSE AGREEMENT

IMPORTANT - READ THE FOLLOWING AGREEMENT CAREFULLY

Agreement version: 1.0
Date modified: June 6th, 2004

1. INTRODUCTION. The X Library is a programming library made to simplify the development process. Every effort has been made to ensure that the library is extremely easy to use and provides exceptional performance. The X Library is tested code suitable for use in any application including games. X Library has been created and is maintained by Infused Logic and is provided AS IS.

2. COPYRIGHT. The X Library is Copyright © 2004 by Infused Logic. You must reproduce all copyright notices on any copies of the X Library and you must not remove the notices. You acknowledge that United States copyright law and international treaties protect X Library. Infused Logic retains all rights to the X Library and reserves all rights to modify the library and this license agreement without notice. YOU MAY NOT REDISTRIBUTE X LIBRARY WITHOUT EXPRESSED WRITTEN PERMISSION FROM INFUSED LOGIC. YOU MAY NEVER REDISTRIBUTE X LIBRARY FOR SALE OR PROFIT.

3. LIABILITY. IN NO EVENT WILL INFUSED LOGIC OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT OR OTHERWISE, EVEN IF INFUSED LOGIC HAS BEEN WARNED OF THE POSSIBILIITY OF SUCH LOSS OR DAMAGES. INFUSED LOGIC WILL NOT BE HELD LIABLE FOR YOUR USE OF X LIBRARY. THE X LIBRARY IS NOT GUARANTEED TO BE 100% BACKWARDS COMPATIBLE FROM MAJOR RELEASE TO MAJOR RELEASE. UPGRADES AND DOWNGRADES TO THE X LIBRARY MAY BE APPLIED IN EACH NEW VERSION. WRITTEN NOTICE WILL BE GIVEN AT THE DISCRETION OF INFUSED LOGIC BUT WRITTEN NOTICE OF CHANGES TO THE X LIBRARY IS NOT REQUIRED. COMPLETE REGRESSION TESTS SHOULD BE PERFORMED ON YOUR SOFTWARE AFTER EACH X LIBRARY UPGRADE INSTALLED. X LIBRARY HAS BEEN EXTENSIVELY TESTED BUT IT IS NOT GUARANTEED TO BE FREE OF ALL DEFECTS AND BUGS.

4. SUPPORT. Infused Logic will not be held accountable to provide support or be required to maintain the X Library, fix bugs, or otherwise provide enhancement or new features to the X Library to free use, single licensed developers. However, support is often given at no charge. Any bugs found that are submitted by paid customers will be fixed at no additional charge in a reasonable time period period to be determined by Infused Logic. Requests for support, features, and upgrades may be sent to Infused Logic by visiting our contact us page.

5. DISCLAIMER. THE X LIBRARY IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. INFUSED LOGIC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF X LIBRARY. YOU MAY NOT MODIFY, DECOMPILE, OR SELL THE X LIBRARY. YOU MAY NOT USE THE X LIBRARY TO CREATE VIRUSES, WORMS, OR OTHER MALICIOUS PROGRAMS. YOU MAY NOT USE X LIBRARY IN HATE, RACIAL, OR OTHER OFFENSIVE PROJECTS. INFUSED LOGIC MAY AT ANY TIME DISCONTINUE TO PROVIDE THE X LIBRARY IN WHOLE WITHOUT NOTICE. IF THE X LIBRARY IS DISCONTINUED YOU AGREE THAT SUPPORT FOR THE X LIBRARY WILL NO LONGER BE PROVIDED. YOU AGREE TO HOLD INFUSED LOGIC HARMLESS FROM ANY AND ALL LAWSUITS OR OTHER LEGAL DISPUTES.

6. LICENSES. Companies and organizations that have a single developer or students may use the X Library free of charge (Note: see online pricing to make sure this statement still holds true). However, free users of X Library must still obtain a “free use license”. If your company contains more than one developer you must purchase a license for each developer in the company. A multiple developer license is still required even if only one developer in the company is using the X Library and your company contains more than one developer. YOU MUST PURCHASE A LICENSE FOR EACH DEVELOPER IN THE COMPANY OR AT THE SITE YOU WISH TO USE THE X LIBRARY. Infused Logic will not collect any royalties from products that use X Library since the X Library is royalty free. Multiple developer companies may use the X Library free of charge for 14 days from the date of download while they are evaluating the library. A license key is required to be able to download the X Library from the Infused Logic website.

7. WE REQUEST. Although it is not required, please provide a link to http://www.blodgettsoftware.com in your products that use the X Library and on your website. Please contact us if you are using the X Library in your projects so we may see what kind of software is being produced with the addition of X Library.

8. TERMINATION OF LICENSE. Failure to comply with the above license will result in termination of your use of the X Library. Infused Logic may demand that you stop using the X Library if it is determined at any time that you are using the library in breach of this license agreement. In such an event all copies of the X Library in your possession must be destroyed and all references and use of the X Library in your projects must be removed. Upon removal because of breach of this license agreement, you must provide expressed written notice of the removal and compliance of the termination. You will be given 30 days to comply in the event of termination of this license agreement.

9. DOCUMENTATION. Documentation for X Library functions can be found at http://www.blodgettsoftware.com/Development/XLibrary/ or in the header files where function declarations can be found. Infused Logic does not warrant documentation completeness, ensure that documentation will be error free, or up-to-date. In the event of documentation errors please contact us.

10. GENERAL. If you have questions about this agreement or have questions in general about the X Library, please contact us or write to:

Infused Logic
P.O. Box 94593
Phoenix, Arizona 85070

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