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crschnick committed Apr 18, 2024
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2 changes: 1 addition & 1 deletion docs/cli/basics.md
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Expand Up @@ -30,4 +30,4 @@ You can also control the daemon manually from the command-line. There are severa
Changes the daemon operation mode.
Can be useful to manually let the daemon run in the background.

Note that for everyday work these commands are not needed.
Note that for everyday work, these commands are not needed.
12 changes: 6 additions & 6 deletions docs/end-user-license-agreement.md
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## Preamble

This end user license agreement (hereinafter “**EULA**”) is a license agreement between you as the end user and **XPipe UG (haftungsbeschränkt)**, Reichertshalde 81, 71642 Ludwigsburg, (hereinafter “**XPipe**”) for the use of the products “XPipe”, a server connection and server management software, which was developed by XPipe (hereinafter “**Software**”).
This end user license agreement (hereinafter “**EULA**”) is a license agreement between you as the end user and **XPipe UG (haftungsbeschränkt)**, Reichertshalde 81, 71642 Ludwigsburg, (hereinafter “**XPipe**”) for the use of the products “XPipe”, a server connection and server management software (hereinafter “**Software**”).

## § 1 Subject matter and validity of the EULA

(1) The EULA governs the terms under which you may use the Software. By accepting the EULA or using the Software, you agree to be bound by the terms of the EULA.

(2) This EULA does not establish a service relationship between XPipe and you in return for payment. The payment of a license fee is solely the subject of the contractual relationship between you and the payment service provider Lemonsqueezy, to whom you pay license fees and in return we grant you a right to use additional software features of the professional plan. “Lemonsqueezy” collectively means Lemon Squeezy, LLC, 222 South Main Street Suite 500, Salt Lake City, Utah. Lemon Squeezy, LLC is a global payment service provider that facilitates online transactions using common online payment methods and acts as the seller of the product.
(2) This EULA does not establish a service relationship between XPipe and you in return for payment. The payment of a license fee is solely the subject of the contractual relationship between you and the payment service provider Lemonsqueezy, to whom you pay license fees and in return we grant you a right to use additional software features. “Lemonsqueezy” collectively means Lemon Squeezy, LLC, 222 South Main Street Suite 500, Salt Lake City, Utah. Lemon Squeezy, LLC is a global payment service provider that facilitates online transactions using common online payment methods and acts as the seller of the product.

## § 2 License

(1) By entering into the EULA, you receive the non-exclusive, non-transferable and non-sublicensable right, unlimited in time, to run the Software installed on a computer in machine-readable format in accordance with the terms of the EULA (“License”).

(2) The rights granted with the license include the right to obtain updates of the software provided by XPipe for the period of an active subscription. The use of updates is voluntary. Insofar as new software functions are introduced with an update, this does not justify any claim by you that these will also be maintained with future updates.
(2) The rights granted with the license include the right to obtain updates of the software provided by XPipe for the period of an active license. The use of updates is voluntary. Insofar as new software functions are introduced with an update, this does not justify any claim by you that these will also be maintained with future updates.

## § 3 Provision of the Software, Activation of the Subscription
## § 3 Provision of the Software, Activation of the License

(1) The software is made available by you downloading it from the XPipe website and installing it independently on your device. XPipe itself owes you neither provision nor installation or integration of the software on a computer.

(2) Any active subscription is checked for validity each time the program is started. For this purpose, an Internet connection is required at least once a week when the program is started. Any circumvention of a subscription activation and any unauthorized use of the software not authorized by XPipe and in violation of this EULA is prohibited.
(2) Any active license is checked for validity each time the program is started. For this purpose, an Internet connection is required at least once a week when the program is started. Any circumvention of a license activation and any unauthorized use of the software not authorized by XPipe and in violation of this EULA is prohibited.

(3) Activation of a subscription is done individually for you as an end user, and the activated subscription is verified when the program is started. You may install the software on multiple computers.
(3) Activation of a license is done individually for you as an end user, and the activated license is verified when the program is started. You may install the software on multiple computers.

(4) Any circumvention of the aforementioned activation is prohibited.

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2 changes: 1 addition & 1 deletion docs/license.md
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# Source license

XPipe follow is an open core model, which essentially means that the main application is open source while certain other components are not.
XPipe follows an open core model, which essentially means that the main application is open source while certain other components are not.
This mainly concerns the features only available in the professional edition and the shell handling library implementation. Furthermore, some CI pipelines and tests that run on private servers are also not included in the open repository.

The distributed XPipe application consists out of two parts:
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26 changes: 9 additions & 17 deletions docs/terms-of-service.md
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## 3. Conclusion of contract and contractual relationships; Registration requirements; Modifications of the Terms of Service

**3.1** By clicking on the button "start trial" or "submit order" on the shop page at https://buy.xpipe.io you submit an offer to us to order the software licenses and/or the software maintenance service selected by you in a legally binding manner and subject to payment. A contract for the services ordered by you comes into effect with our order confirmation, which we send to the e-mail address specified by you in the order immediately after receiving your order. Please check your SPAM folder regularly after placing your order with us in order to avoid that our order confirmation is directed there by your IT systems and remains unnoticed. With the order confirmation, you will also receive the license keys required to activate the licenses you ordered.
**3.1** By clicking on the button "submit order" on the shop page at https://buy.xpipe.io you submit an offer to us to order the software licenses and/or the software maintenance service selected by you in a legally binding manner and subject to payment. A contract for the services ordered by you comes into effect with our order confirmation, which we send to the e-mail address specified by you in the order immediately after receiving your order. Please check your SPAM folder regularly after placing your order with us in order to avoid that our order confirmation is directed there by your IT systems and remains unnoticed. With the order confirmation, you will also receive the license keys required to activate the licenses you ordered.

**3.2** XPipe shall not store the terms and conditions of the contract for the User, without prejudice to the fulfillment of the statutory information obligations.

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## 4. Service description and scope

**4.1** Insofar as a paid subscription agreement has been concluded, XPipe shall provide the agreed services. Insofar as XPipe also provides content and/or services voluntarily and free of charge, it shall do so without assuming any legal obligation. XPipe shall be entitled to change, expand or limit these services at any time.
**4.1** Insofar as a paid license agreement has been concluded, XPipe shall provide the agreed services. Insofar as XPipe also provides content and/or services voluntarily and free of charge, it shall do so without assuming any legal obligation. XPipe shall be entitled to change, expand or limit these services at any time.

**4.2** XPipe guarantees an availability of 99% or higher, based on the calendar year, for the server for downloading the Software (this currently corresponds to the XPipe website) as well as for the server for registration and/or obtaining licenses. Not included are downtimes caused by necessary maintenance work, force majeure, technical disruptions of the Internet or other reasons for which XPipe is not responsible.

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**5.3** Only one registration may be maintained per person at any one time.

**5.4** The User is obliged to keep his access data secret and not to pass it on to third parties. The transfer of a paid subscription to third parties is prohibited.
**5.4** The User is obliged to keep his access data secret and not to pass it on to third parties. The transfer of a paid license to third parties is prohibited.

**5.5** The User is obliged to observe the statutory copyrights and other rights existing for the contents of the paid subscriptions as well as for the other contents in the XPipe offer. The User may not reproduce, distribute or make publicly available such content or remove technical protective measures or copyright or legal notices unless this is expressly permitted.
**5.5** The User is obliged to observe the statutory copyrights and other rights existing for the contents of the paid licenses as well as for the other contents in the XPipe offer. The User may not reproduce, distribute or make publicly available such content or remove technical protective measures or copyright or legal notices unless this is expressly permitted.

**5.6** The User shall be obliged to provide, at his own expense, hardware and software as well as an Internet connection for retrieving the agreed content and/or services from the XPipe offer.

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## 7. Contract duration, automatic renewal, pause, termination

**7.1** The paid subscription contract is valid for a certain minimum term. For example, it can be one (1) month or one (1) year, based on user's choice. At the end of each subscription period, the subscription will be automatically renewed depending on the term of the subscription period unless terminated by User before the last day of the current subscription period.
**7.1** The paid license contract is valid for a certain minimum term. For example, it can be one (1) year, based on user's choice.

**7.2** The User or XPipe may terminate the contract at any time, with one day's notice before the end of the minimum term. The User may continue to use the XPipe service until the end of the minimum term. If the contract is not properly terminated by the end of the minimum term, it will be automatically renewed and a paid subscription will be activated.
**7.2** The right of both contracting parties to terminate for cause in accordance with the law shall remain unaffected. XPipe shall have an extraordinary reason for termination if the User provides misleading information during registration or ordering or has repeatedly violated the Terms of Service. The prerequisite for this is that XPipe has previously warned the User unsuccessfully in order to demand compliance with the contractual obligations.

**7.3** For the effective termination, the user may give notice of termination online via the function provided on the billing page at https://buy.xpipe.io/billing. Users can always contact us at hello@xpipe.io for help with ending their subscription.

**7.4** The right of both contracting parties to terminate for cause in accordance with the law shall remain unaffected. XPipe shall have an extraordinary reason for termination if the User provides misleading information during registration or ordering or has repeatedly violated the Terms of Service. The prerequisite for this is that XPipe has previously warned the User unsuccessfully in order to demand compliance with the contractual obligations.

**7.5** If XPipe offers a free trial period for a paid subscription and this is agreed with the User, the agreed contract term of the paid subscription shall be extended accordingly. In this case, the extended period shall apply first (with an ordinary special termination right of the User, if applicable, if agreed) and thereafter the regular term of the paid subscription.

**7.6** Within a free trial period, User and XPipe are allowed to terminate the contract at any time with immediate effect.

**7.7** In the event of an act with fraudulent intent, a severe, persisting, imminent or repeated material breach of these Terms of Service, XPipe is entitled to suspend the User's access to the Software immediately and indefinitely. User is informed in writing (email is sufficient). The suspicion of fraudulent intent is sufficient.
**7.3** In the event of an act with fraudulent intent, a severe, persisting, imminent or repeated material breach of these Terms of Service, XPipe is entitled to suspend the User's access to the Software immediately and indefinitely. User is informed in writing (email is sufficient). The suspicion of fraudulent intent is sufficient.

## 8. Liability

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**9.2** If the customer is a consumer within the scope of § 13 German Civil Code (Bürgerliches Gesetzbuch, BGB), the customer shall be entitled to the statutory warranty rights.

**9.3** If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), XPipe shall assume warranty for the products in the case of paid subscriptions only to the extent set forth in the following provisions.
**9.3** If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), XPipe shall assume warranty for the products in the case of licenses only to the extent set forth in the following provisions.

**9.4** If the products XPipe provides are defective, XPipe will provide an improved or new product within a reasonable time after receiving a written complaint from the customer. If the Software is used by a third party licensed by XPipe, publicly available upgrades, updates or patches shall be deemed sufficient.

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**10.7** If any provision of this Terms of Service is invalid, void or unenforceable under any present or future law, the remainder of this Terms of Service shall continue in full force and effect. To the extent that the invalid, void or unenforceable provision is a material term of the agreement, the parties agree to jointly negotiate a valid alternative provision.

As of: 20th September 2023
As of: 18th April 2024

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