IMPORTANT - PLEASE READ THIS ENTIRE AGREEMENT AND THEN PRINT AND STORE A PAPER COPY FOR YOUR RECORDS.
These terms and conditions constitute a legally binding agreement ("Agreement") between:
(a) you, the end-user, and
(b) xisk.net which is a DBA for HixoxiH Software.
1. Applicability of Terms and Conditions.
By attempting to download or install or execute XISK™ ("the software") on a computer system
you, the end-user, represent and warrant that you fully understand
and agree to comply with all of the following terms and conditions,
and that failure to abide by these terms and conditions may result in a suspended license,
and loss of any and/or all license fees unless otherwise noted.
2. Temporary License - no special end-user privileges or rights.
xisk.net may from time to time offer a temporary product license
for the purposes of product promotion or product testing.
xisk.net reserves the right to expire or modify any temporary license
with or without notice to the end-user.
This entire agreement shall apply to any temporary license.
3. Subscription License - license granted for specified interval of time.
The XISK™ software is a download subscription software product.
The length of the subscription, and the product capabilities, and the price will be clearly stated
at the time the end-user purchases a license.
The license will expire on the date shown on the
end-user license presented by the xisk.net license server.
The end-user must renew their license before the expiration date
in order to avoid interrupted use of the software.
xisk.net may send a courtesy expiration notice
to the end-user via email but is not required to do so.
4. License Upgrades- end-user pro-rated refund for existing license.
The XISK™ download software is made available at several different subscription levels.
At any time, the end-user may upgrade an existing license to a higher subscription level.
The end-user the shall be entitled to a pro-rated refund of their existing license.
Any such refund will be credited back to the credit card of origin
that was used to purchase the original license.
The end-user shall be required to contact customer support and request the refund.
All requests for pro-rated refunds shall be processed after the end-user purchases
the higher level subscription and the subscription is approved.
The pro-rated refund amount will be calculated
on the time remaining on the previous license rounded down to the nearest tenth of a year.
5. BETA Software - no end-user recourse for undesirable software behavior.
XISK™ is a product under frequent even daily development
and as such there may be unintentional errors or bugs that already exist in the software
or that are introduced into the software.
xisk.net and the principals involved shall not be liable
for any undesired software behavior exhibited by XISK™
regardless of the extent of the behavior.
If XISK™ does not behave according to end-user expectation,
the end-user shall have no recourse, legal or otherwise, whatsoever,
save that of declining to run the software.
The end-user shall not have the right to a refund of any portion of any license fees paid.
xisk.net is a business like any other and desires to provide high quality software for
the benefit of the end-user and xisk.net desires to correct undesirable behavior in the
software in a quick and satisfactory manner.
xisk.net is not obligated to correct undersirable behavior in the software.
6. Computer Viruses - end-user is responsible to guard their computer system.
XISK™ is a download product and xisk.net desires
to provide a safe and secure end-user software delivery system via the internet.
The end-user is responsible to provide computer virus protection for any computer system
where the end-user intends to execute XISK™ or any xisk.net download software.
The end-user shall be responsible to scan any and all download executables from xisk.net
using the best virus detection products available to the end-user.
xisk.net shall not be liable for any virus infected software whatsoever.
The end-user is further advised to download XISK™ installs and upgrades from xisk.net only
in order to reduce the threat of virus infection.
7. Binary Sanctity - end-user shall not modify the software.
The end-user agrees to only execute and run the software in the exact binary form that exists
at the xisk.net download server as contained in the executable file named "xisk.exe";
Furthermore the end-user agrees that this binary
form shall constitute the only acceptable executable form of the software.
The end-user shall not modify the XISK™ software executable in anyway
whether on disk or in computer memory either before during or after execution
on any computer system past present or future.
The end-user shall not attempt to disassemble or attempt to reverse engineer the software.
Modifying the acceptable binary form of the software is grounds for immediate revocation of license.
The license reinstatement fee for violating binary sanctity
shall be at the sole discretion of xisk.net.
8. License Product Key - end-user is responsible.
XISK™ will generate a 32 character client product key for the purposes of identifying
the end-user install of XISK™ software.
The end-user product key will be stored on the end-user computer.
The end-user is advised to look at their product key and write it down on the printed copy
of this license agreement. The end-user is responsible to keep their product key safe.
The end-user product key and license are not transferable.
The end-user agrees to contact XISK™ support in the event their key is lost or stolen.
9. Email address - end-user is responsible.
The end-user is responsible to maintain a working valid email address
that is registered with the XISK™ license server.
xisk.net requires the end-user email address in order to provide various pertinent end-user notifications.
10. Entire Agreement, Modification and Amendments..
You fully understand and agree to be bound by the terms and conditions contained herein
and as modified and/or amended from time to time.
xisk.net reserves the right to modify and amend this Agreement at any time
with or without notice to the end-user.
Such amendments will become effective immediately upon being posted at xisk.net.
It is your sole responsibility to review this Agreement and amendments hereto each time you play.
The terms and conditions contained herein represent the complete and final agreement between
you and xisk.net and supersede any and all prior agreements,
representations or statements made by xisk.net.
IMPORTANT - PLEASE READ THIS ENTIRE AGREEMENT AND THEN PRINT AND STORE A PAPER COPY FOR YOUR RECORDS.