License terms and conditions for XARA products (EULA)

Xara Web Designer+ End User License Agreement

© 2022 Xara Group Ltd

IMPORTANT NOTICE: The Xara Web Designer+ software (‘Software’) is the copyright of Xara Group Limited (‘Xara’) whose principal place of business is at Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom and may not be stored on any computer or copied without the license of Xara. You are offered a license on the terms of the End User License Agreement (‘EULA’) set out below.

If you accept the terms of the License Agreement, select the ‘I agree’ checkbox below.

Selecting ‘I agree’ and installing the Software constitutes acceptance of the terms of the EULA. Please read carefully and accept the terms and conditions of the EULA before installing the Software. Do not install the Software if you do not agree to the terms and conditions of the EULA.

General Conditions

An active paid subscription to Xara Web Designer+ is required to use Xara Web Designer+ beyond the free trial period. The Software can only be activated on two computers concurrently, but activations that are no longer required can be cancelled so that you can install and activate the software on a new computer.

A. You are permitted to:

1. Load or download the Software and use it only on a single client computer which is under your personal control.
2. Copy the Software to a second computer under your personal control provided it is used on only one computer at any one time and only by you. The copies must reproduce and include Xara’s copyright notices.

B. You are not permitted:

1. To use the Software on any computer or system which permits electronic access to it by more than one user.
2. To rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation except as permitted by law.
3. Except as expressly provided in this Agreement, to use, reproduce or deal in the Software in any way.

C. TERM & TERMINATION

1. The license is effective while you have an active subscription to Xara Web Designer+ in its respective current version/product name (“the Term”) or until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. If you are using the free trial version of the Software then any rights to use the Software or images created with it terminates with the expiration of the trial period.
2. Right to Withdraw: If you have purchased a subscription for Xara Web Designer+ you have the right to withdraw from the purchase contract for Xara Web Designer+ within fourteen days without stating a reason. The withdrawal period is fourteen days starting with the conclusion of the contract.
   To enact your right of withdrawal you must contact us (Xara Group Ltd, Gaddesden Place, Hemel Hempstead, HP2 6EX, UK, Email: [email protected]) and provide explicit notification (e.g. a letter sent by mail or email) of your decision to withdraw from the contract. To enact your right to withdrawal it is sufficient to send the required notification before the withdrawal period has expired.
   Consequences of Cancellation: If you enact your right to withdraw, we shall be obligated to reimburse all payments received from you without delay and at the latest within fourteen days of receiving your notification of contract cancellation. The same payment method that you used for the original transaction will be used for the reimbursement except in the case where a different explicit agreement has been arranged with you; under no circumstances shall you be charged any fees for this reimbursement.
3. Term of contract: All subscriptions are automatically renewed at the end of the Term (the “Renewal Date”) for additional periods equal to one (1) year or the preceding Term, whichever is shorter. You may at any time cancel the automatic renewal with effect from the next Renewal Date by providing at least one week’s prior notice. The Software and content that you have subscribed to will remain available until the end of the current Term and there will be no refunds relating to the current Term. The renewal can only be cancelled via an email to [email protected].

In case of termination of your subscription you will no longer be able to use the Software or content.

D. OWNERSHIP

Xara shall at all times retain ownership of the Software and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the license only.

E. INCLUDED ONLINE ACCESS TO THIRD PARTY SOFTWARE

The Software may provide online access to third party software, e.g. Widgets or Gadgets, or content, e.g. pictures or artwork, which are offered by third parties online. The Software can only provide access to such software if your PC is connected to the internet. If you agree to this EULA you agree that the Software may provide such access to third party software and you will have to accept the third party’s terms and conditions or EULA separately. For clarification purposes: Xara is not the owner of such third party software and Xara waives any responsibility and/or liability for such third party software. In particular Xara does not warrant any availability of such third party software.

F. RESTRICTIONS

1. This license gives you the right to publish, distribute and display images created with this Software, incorporating photos, clipart and fills included with this Software, with the following limitations:
2. The templates, graphics, textures, photos and fonts supplied with the Software cannot be redistributed, sold or published as an image collection or part of an image collection, specifically but not exclusively they cannot be included in template, clip-art, font, texture or photo collections whether on websites or distributed on electronic media such as CDs or disks, nor can they be included as part of another product, in any form whether commercial or otherwise. Notwithstanding the foregoing you may include the template, graphic, photo or font as part of your project which may be used for your own or your customer’s purposes, subject to Clause 3 below.
3. The photos embedded in the Software’s templates can only be used as part of a project created with the Software using those templates, they cannot be extracted and used stand alone or for any other purpose. If you wish to use them in projects separately from the templates it may be possible to license them for that purpose, contact Xara for details of the licensor. They cannot be used in a way that shows identifiable persons in a disgraceful light, or to imply endorsement of products and services by depicted persons, brands or organisations.
4. The photos embedded in the Software’s templates can be used and distributed within the templates for personal purposes, but any commercial redistribution may require the purchase of an extended license for the photos from Xara’s Licensors. Contact Xara Group Ltd for details.
5. The stock photos & illustrations provided in the Online Content Catalog or elsewhere via an integration with a third party such as Pixabay cannot a) be used in a way that shows identifiable persons in a disgraceful light, or to imply endorsement of products and services by depicted persons, brands or organisations, or b) be included in a stock photo library or similar or c) sold without first updating, modifying or otherwise incorporating new creative elements into the photos (ie you cannot sell unaltered copies of the photos).
6. Any copyright notices which are included in the HTML, Javascript or other code exported by the Software must not be removed or modified. Some fonts and clip-art are provided by third parties who retain the copyright. In all cases, copyright is reserved by Xara or its licensors and is protected by international copyright law.
7. When publishing websites with non-standard fonts embedded, you need to ensure the font license permits embedding for websites. You will see an alert if it appears that the font license does not permit embedding, and you should not continue unless you have determined that the license does permit embedding. When editing PDFs, you need to ensure the font license permits editing. You will see an alert if it appears that the font license only permits print & preview, and you should not continue editing text which uses that font unless you have determined that you have a license that does permit editing. If you continue without the appropriate license, liability rests solely with you. If in doubt, please contact your font vendor.
8. Arial, Times New Roman, and Courier New fonts are not supported on Android devices. When websites are created and published using these fonts, they will be automatically substituted on such devices by Google Fonts (Arimo, Tinos, and Cousine). If you do not wish to use these Google fonts, then do not use Arial, Times New Roman, and Courier New in your web documents.
9. You may not use the images included or created with this Software for any purpose which is prohibited by law.

G. WARRANTIES AND REMEDIES

1. Xara warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If Xara is notified of any significant error in the Software during the period of 90 days after the date of original purchase, it will correct any such error within a reasonable time (by replacement if it chooses) or, at its option, refund the price of the Software (against return of the Software and its documentation).
2. The warranties set out in paragraphs 1 above are your sole warranties and are in place of all warranties conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Paragraphs 1 also sets out your sole remedies for any breach of Xara’s warranties.
3. In particular, Xara does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that all errors in the Software can be corrected. You load and use the Software at your own risk and in no event will Xara be liable to you for any loss or damage of any kind (except personal injury or death resulting from Xara’s negligence), including lost profits or any indirect or consequential loss arising from the use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise, except as expressly provided in this Agreement.

H. CONSUMERS

Nothing in this Agreement shall affect your statutory rights as a consumer.

I. LAW

This Agreement shall be governed by English law.

J. LICENSE CONDITIONS OF OTHER MANUFACTURERS

If the licensed product contains additional software or should additional software be integrated – for example, JQuery (or similar) Widgets or Gadgets – then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. Any such license conditions will be presented when the additional software is configured or on the Widget provider’s website if the widget is configured via such a website.

If you have any questions concerning this Agreement, please write to Xara Group Limited, Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom.

The Web Designer+ EULA also includes our Privacy Policy.

Xara Photo & Graphic Designer+ End User License Agreement

© 2022 Xara Group Ltd

IMPORTANT NOTICE: The Photo & Graphic Designer+ software (“Software”) is the copyright of Xara Group Limited (“Xara”) whose principal place of business is at Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom and may not be stored on any computer or copied without the license of Xara. You are offered a license on the terms of the End User License Agreement (“EULA”) set out below.

If you accept the terms of the License Agreement, select the ‘I agree’ checkbox below.

Selecting ‘I agree’ and installing the Software constitutes acceptance of the terms of the EULA. Please read carefully and accept the terms and conditions of the EULA before installing the Software. Do not install the Software if you do not agree to the terms and conditions of the EULA.

General Conditions

An active paid subscription to Xara Photo & Graphic Designer+ is required to use Xara Photo & Graphic Designer+ beyond the free trial period. The Software can only be activated on two computers concurrently, but activations that are no longer required can be cancelled so that you can install and activate the Software on a new computer.

A. You are permitted to:

1. Load or download the Software and use it only on a single client computer which is under your personal control.
2. Copy the Software to a second computer under your personal control provided it is used on only one computer at any one time and only by you. The copies must reproduce and include Xara’s copyright notices.

B. You are not permitted:

1. To use the Software on any computer or system which permits electronic access to it by more than one user.
2. To rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation except as permitted by law.
3. Except as expressly provided in this Agreement, to use, reproduce or deal in the Software in any way.

C. TERM & TERMINATION

1. The license is effective while you have an active subscription to Xara Photo & Graphic Designer+ in its respective current version/product name (“the Term”) or until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. If you are using the free trial version of the Software then any rights to use the Software or images created with it terminates with the expiration of the trial period.
2. Right to Withdraw: If you have purchased a subscription for Xara Photo & Graphic Designer+ you have the right to withdraw from the purchase contract for Xara Photo & Graphic Designer+ within fourteen days without stating a reason. The withdrawal period is fourteen days starting with the conclusion of the contract.
   To enact your right of withdrawal you must contact us (Xara Group Ltd, Gaddesden Place, Hemel Hempstead, HP2 6EX, UK, Email: [email protected]) and provide explicit notification (e.g. a letter sent by mail or email) of your decision to withdraw from the contract. To enact your right to withdrawal it is sufficient to send the required notification before the withdrawal period has expired.
   Consequences of Cancellation: If you enact your right to withdraw, we shall be obligated to reimburse all payments received from you without delay and at the latest within fourteen days of receiving your notification of contract cancellation. The same payment method that you used for the original transaction will be used for the reimbursement except in the case where a different explicit agreement has been arranged with you; under no circumstances shall you be charged any fees for this reimbursement.
3. Term of contract: All subscriptions are automatically renewed at the end of the Term (the “Renewal Date”) for additional periods equal to one (1) year or the preceding Term, whichever is shorter. You may at any time cancel the automatic renewal with effect from the next Renewal Date by providing at least one week’s prior notice. The Software and content that you have subscribed to will remain available until the end of the current Term and there will be no refunds relating to the current Term. The renewal can only be cancelled via an email to [email protected].

In case of termination of your subscription you will no longer be able to use the Software or content.

D. OWNERSHIP

Xara shall at all times retain ownership of the Software and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the license only.

E. INCLUDED ONLINE ACCESS TO THIRD PARTY SOFTWARE

The Software may provide online access to third party software, e.g. Widgets or Gadgets, or content, e.g. pictures or artwork, which are offered by third parties online. The Software can only provide access to such software or content if your PC is connected to the internet. If you agree to this EULA you agree that the Software may provide such access to third party software and you will have to accept the third party’s terms and conditions or EULA separately.

For clarification purposes: Xara is not the owner of such third party software and Xara waives any responsibility and/or liability for such third party software. In particular, Xara does not warrant any availability of such third party software.

F. RESTRICTIONS

1. This license gives you the right to publish, distribute, and display images created with this Software, incorporating photos, clipart, and fills included with this Software, with the following limitations:
2. The templates, graphics, textures, photos, and fonts supplied with the Software cannot be redistributed, sold, or published as an image collection or part of an image collection, specifically but not exclusively they cannot be included in template, clip-art, font, texture or photo collections whether on websites or distributed on electronic media such as CDs or disks, nor can they be included as part of another product, in any form whether commercial or otherwise. Notwithstanding the foregoing, you may include the template, graphic, photo, or font as part of your project which may be used for your own or your customer’s purposes, subject to Clause 3 below.
3. The photos embedded in the Software’s templates can only be used as part of a project created with the Software using those templates, they cannot be extracted and used stand alone or for any other purpose. If you wish to use them in projects separately from the templates, it may be possible to license them for that purpose, contact Xara for details of the licensor. They cannot be used in a way that shows identifiable persons in a disgraceful light, or to imply endorsement of products and services by depicted persons, brands or organisations.
4. The photos embedded in the Software’s templates can be used and distributed within the templates for personal purposes, but any commercial redistribution may require the purchase of an extended license for the photos from Xara’s Licensors. Contact Xara Group Ltd for details.
5. The stock photos & illustrations provided in the Online Content Catalog or elsewhere via an integration with a third party such as Pixabay cannot a) be used in a way that shows identifiable persons in a disgraceful light, or to imply endorsement of products and services by depicted persons, brands or organisations, or b) be included in a stock photo library or similar or c) sold without first updating, modifying or otherwise incorporating new creative elements into the photos (ie you cannot sell unaltered copies of the photos).
6. Some fonts and clip-art is provided by third parties who retain the copyright. In all cases copyright is reserved by Xara or its licensors and is protected by international copyright law. When publishing websites with non-standard fonts embedded you need to ensure the font license permits embedding for websites. You will see an alert if it appears that the font license does not permit embedding and you should not continue unless you have determined that the license does permit embedding. When editing PDFs you need to ensure the font license permits editing. You will see an alert if it appears that the font license only permits print & preview and you should not continue editing text which uses that font unless you have determined that you have a license that does permit editing. If you continue without the appropriate license liability rests solely with you. If in doubt please contact your font vendor.
7. You may not use the images created with this Software for any purpose which is prohibited by law.

G. WARRANTIES AND REMEDIES

1. Xara warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If Xara is notified of any significant error in the Software during the period of 90 days after the date of original purchase, it will correct any such error within a reasonable time (by replacement if it chooses) or, at its option, refund the price of the Software (against return of the Software and its documentation).
2. The warranties set out in paragraphs 1 above are your sole warranties and are in place of all warranties conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Paragraphs 1 also sets out your sole remedies for any breach of Xara’s warranties.
3. In particular, Xara does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that all errors in the Software can be corrected. You load and use the Software at your own risk and in no event will Xara be liable to you for any loss or damage of any kind (except personal injury or death resulting from Xara’s negligence), including lost profits or any indirect or consequential loss arising from the use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise, except as expressly provided in this Agreement.

H. CONSUMERS

Nothing in this Agreement shall affect your statutory rights as a consumer.

I. LAW

This Agreement shall be governed by English law.

J. LICENSE CONDITIONS OF OTHER MANUFACTURERS

If the licensed product contains additional software, or should additional software be integrated – for example JQuery (or similar) Widgets or Gadgets – then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. Any such license conditions will be presented when the additional software is configured or on the Widget provider’s website if the widget is configured via such a website.

K. THIRD PARTY SOFTWARE

The following third party products are distributed with the Software by Xara under license. They can only be used as an integral component of the Software and subject to all the terms of this EULA.

1. Mehdi plugins © Guessous Mehdi, Redfield plugins © John Redfield
2. ICC color profiles © Adobe Systems Incorporated. The ICC profiles can be distributed embedded within digital image files only. They are provided on an ‘as is’ basis and Adobe is under no obligation to provide any support, upgrades or future versions.

In all cases copyright is reserved by Xara or its licensors and is protected by international copyright law.

If you have any questions concerning this Agreement, please write to Xara Group Limited, Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom.

The Photo & Graphic Designer+ EULA also includes our Privacy Policy.