This End User License Agreement (“License”) sets forth the legal terms between X1 Discovery, Inc. (“X1D”) and You (the entity that legally obtained a copy of the Software from X1D) with respect to the X1 Search software product (“Software”). PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY DOWNLOADING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
License. Subject to Your compliance with the terms and conditions of this License and payment of any applicable license fees, X1D grants to You a limited, non-exclusive, non-transferable, non-sublicensable license of one year term or multi-year license term as specified in a purchase order, enterprise license agreement, or other ordering document issued by You and accepted by X1D (“Term”), to download, install and use a single copy of the Software on one computer device on which You install (“Device”). For X1 Search Virtual Edition, you may publish X1 as needed within the virtual desktop architecture, provided that you have purchased a license for the applicable number of users. “Software” includes object code form of the software program, accompanying documentation, related components provided with the Software, and any updates and maintenance releases provided to You. You shall not use the Software to provide any service bureau, rental service, subscription service, litigation support or other consulting service where you sell output or results from the Software. You understand that the Software is not designed to preserve data as evidence for court purposes or data retention and X1D expressly disclaims any liability for data loss or alteration. This Software is licensed, not sold, and X1D grants You only the specific rights expressly set forth in this paragraph. X1D reserves all other rights.
Restrictions. You agree not to (i) alter any copyright, trademark, patent, or other proprietary legends on or in the Software; (ii) decompile, reverse engineer, disassemble or otherwise reproduce the Software, or modify or create derivative works based on the Software; (iii) publish, rent, lease, sublicense, distribute, transfer or assign the Software; (iv) use the Software in any manner that could damage, disable, burden, or impair X1D’s Devices; or (v) merge the Software into another program. The Software may contain software licensed from third parties (“Licensed Software”) and You may not access any Licensed Software made available in connection with or through the Software (e.g., an integrated file viewer) without the presence and execution of the Software. You agree that the owners of such Licensed Software may enforce their rights against You directly in their own name.
Support. The terms of this License will also govern all updates or upgrades provided by X1D which replace or supplement the Software, unless such update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. X1D does not guarantee that any future updates or upgrades of Software will be made available to You or will be available free of charge. Additionally, X1D may automatically download and install updates or other changes to the Software. Without limiting the generality of the foregoing, X1D may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.
Third Party Services. X1D may enable access to third party software, services, content and web sites (collectively, “Third Party Services”) from within or through the Software. You acknowledge and agree that X1D is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services. Use of the Third Party Services may require Internet access, subscription to a service, and acceptance of terms for such Third Party Services. To the extent You choose to access such Third Party Services, You are responsible for compliance with all fees, terms of service and all applicable laws with respect to such Third Party Services. You hereby waive any legal claim You might have against X1D with respect to such Third Party Services.
Changes. X1D products and services are constantly evolving and X1D may change or discontinue the Software or impose new or additional rules, policies, terms or conditions on Your use of the Software and all or part of the terms of this License, without notice or liability to You. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING X1D’S POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
Termination. This License is effective for the Term. This License will terminate immediately without notice from X1D if You fail to comply with any provision of this License. If You have licensed the Software under a term license, the License shall terminate upon the expiration of the stated license term, unless timely renewed by You through automatic payment of renewal or other arrangements made with X1D. Upon termination, You must uninstall, remove, and delete all copies and installations of the Software.
Data Collection and Privacy. Use of the Software is subject to our Privacy Policy, located at https://www.x1.com/terms/privacy-policy/, the terms of which are hereby incorporated herein by reference.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. X1D EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. X1D DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE. X1D DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL X1D BE LIABLE TO YOU FOR YOUR USE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF X1D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, X1D’s LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF 10% OF THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT TO WHICH THE LIABILITY IS RELATED OR US$100.00.
Indemnification. You agree to indemnify, hold harmless and defend X1D, and its officers, directors, employees, affiliates, successors and assigns from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Software in violation of this Agreement.
Export Control; Government End Users. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software, which may include restrictions on destinations, end users and usage. If the Software is supplied to or on behalf of the United States Government, then the Software is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this License apply.
Order of Precedence. In the event of a conflict between the terms and conditions of this License, and any negotiated and executed license between X1D and You governing Your use of the Software, such written license shall control. In the event of a conflict between the terms and conditions of this License and another software end user license agreement for a program sold in conjunction with the Software, this License shall control.
Choice of Law and Venue. This License shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules.
Miscellaneous. Nothing herein shall be construed to limit X1D rights and remedies provided by law. This License, including the Terms of Service, accessible at https://www.x1.com/terms/terms-of-service/, constitutes the entire agreement between You and X1D relating to the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License. By using the Software, the person who assents to these terms represents to X1D that he/she has the power and authority to consent to and accept these License terms on behalf of the entity which has purchased this License (where You is a business, company or organization).
REVISED: October 31, 2020
X1 Enterprise Platform End User License Agreement
This End User License Agreement (“License”) sets forth the legal terms between X1 Discovery, Inc. (“X1D”) and You (the entity that legally obtained a copy of the Software from X1D) with respect to the X1D Enterprise Platform software product (“Software”). PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY DOWNLOADING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
License. Subject to Your compliance with the terms and conditions of this License and payment of any applicable license fees, X1D grants to You a limited, non-exclusive, non-transferable, non-sublicensable license to download, install and use a single copy of the Software on Your server. This License allows you to install the Software on only one controlling server, which may also connect and share resources with multiple support servers. Copying for use on to other servers for simultaneous use on multiple controlling servers is prohibited. “Software” includes object code form of the software program, accompanying documentation, related components provided with the Software, and any updates and maintenance releases provided to You. This Software is licensed, not sold, and X1D grants You only the specific rights expressly set forth in this paragraph. X1D reserves all other rights.
Restrictions. You agree not to (i) alter any copyright, trademark, patent, or other proprietary legends on or in the Software; (ii) decompile, reverse engineer, disassemble or otherwise reproduce the Software, or modify or create derivative works based on the Software; (iii) publish, rent, lease, sublicense, distribute, transfer or assign the Software; (iv) use the Software in any manner that could damage, disable, burden, or impair X1D’s servers; or (v) merge the Software into another program. The Software may contain software licensed from third parties (“Licensed Software”) and You may not access any Licensed Software made available in connection with or through the Software (e.g., an integrated file viewer) without the presence and execution of the Software. You agree that the owners of such Licensed Software may enforce their rights against You directly in their own name.
Support. The terms of this License will also govern all updates or upgrades provided by X1D which replace or supplement the Software, unless such update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. X1D does not guarantee that any future updates or upgrades of Software will be made available to You or will be available free of charge. Additionally, X1D may automatically download and install updates or other changes to the Software. Without limiting the generality of the foregoing, X1D may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.
Third Party Services. X1D may enable access to third party software, services, content and web sites (collectively, “Third Party Services”) from within or through the Software. You acknowledge and agree that X1D is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services. Use of the Third Party Services may require Internet access, subscription to a service, and acceptance of terms for such Third Party Services. To the extent You choose to access such Third Party Services, You are responsible for compliance with all fees, terms of service and all applicable laws with respect to such Third Party Services. You hereby waive any legal claim You might have against X1D with respect to such Third Party Services.
Changes. X1D products and services are constantly evolving and X1D may change or discontinue the Software or impose new or additional rules, policies, terms or conditions on Your use of the Software and all or part of the terms of this License, without notice or liability to You. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING X1D’S POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
Termination. This License is effective until terminated. You may terminate this License at any time. This License will terminate immediately without notice from X1D if You fail to comply with any provision of this License. If You have licensed the Software under a term license, the License shall terminate upon the expiration of the term. Upon termination, You must uninstall, remove, and delete all copies and installations of the Software.
Data Collection and Privacy. Use of the Software is subject to our Privacy Policy, located at https://www.x1.com/terms/privacy-policy/, the terms of which are hereby incorporated herein by reference.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. X1D EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. X1D DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE. X1D DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL X1D BE LIABLE TO YOU FOR YOUR USE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF X1D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, X1D’s LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF 10% OF THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT TO WHICH THE LIABILITY IS RELATED OR US$100.00.
Indemnification. You agree to indemnify, hold harmless and defend X1D, and its officers, directors, employees, affiliates, successors and assigns from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Software in violation of this Agreement.
Export Control; Government End Users. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software, which may include restrictions on destinations, end users and usage. If the Software is supplied to or on behalf of the United States Government, then the Software is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this License apply.
Order of Precedence. In the event of a conflict between the terms and conditions of this License, and any negotiated and executed license between X1D and You governing Your use of the Software, such written license shall control. In the event of a conflict between the terms and conditions of this License and another software end user license agreement for a program sold in conjunction with the Software, this License shall control.
Choice of Law and Venue. This License shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules.
Miscellaneous. Nothing herein shall be construed to limit X1D rights and remedies provided by law. This License, including the Terms of Service, accessible at https://www.x1.com/terms/terms-of-service/, constitutes the entire agreement between You and X1D relating to the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License. By using the Software, the person who assents to these terms represents to X1D that he/she has the power and authority to consent to and accept these License terms on behalf of the entity which has purchased this License (where You is a business, company or organization).
