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THE FOLLOWING SOFTWARE LICENSE PERTAINS TO OUR COMMERCIAL SCRIPTS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING / INSTALLING THE SOFTWARE. PURCHASING / INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.


Software License

In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, WebMastify ("Licensor" or "us" or "we") grants Licensee the non-exclusive license to use the accompanying software ("Software") and documentation ("Documentation"). In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product." All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only be used in conjunction with one website. Licensee is required to purchase additional licenses of the Licensed Product for each additional website. Additional licenses can be purchased at discounted prices in the Owners Lounge. Use of the Software on more than one website without proper licensing will result in termination of all of Licensee's rights to use the Licensed Product. Licensee shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy, modify or create derivative works the Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.

Term and Termination. This License Agreement is effective until terminated. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions contained herein. Upon termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor and permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.

Restrictions On Transfer and Use. Licensee may not transfer, in whole or in part, the Licensed Product to any third party, including a transfer contemporaneously with the sale of the website, assets or stock of Licensee. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Use of the Software for remote hosting of CGI scripts is forbidden, and may result in termination of your License Agreement.

Limited Warranty. Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.

THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

Limitation Of Liability. LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR FOR ANY INSTALLATION SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF LICENSOR IS FOUND LIABLE FOR DAMAGES BY A COURT OF LAW, THEN THE MAXIMUM, IN THE AGGREGATE, OF DAMAGES SHALL BE THE AMOUNT THE PAID BY THE LICENSEE TO LICENSOR HEREUNDER.

General.Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the substantive and procedural laws of the Province of British Columbia, Canada, without regard to conflicts of provisions. All disputes shall be resolved in the courts located in Vancouver, British Columbia, Canada. Licensee's obligations hereunder shall at all times be subject to the export control laws and regulations mandated by the Federal Government. You agree that you will comply with all export control laws and regulations.

Software Policies

Technical Support Policies. Technical support is available once you have licensed the Software via email and help forums for the lifetime of the Software. Technical Support can be accessed through our Owners Lounge. We cannot guarantee technical support for modified Software.

For technical support requests, please allow 1-2 days for a response. However, most help requests are handled the same day - if not within hours of receipt of the help request. We do not provide telephone tech support. Tech support is only provided for problems you encounter with the Software itself (error messages, permissions problems, etc). If you alter or modify the Software which results in the Software ceasing to function or not to function properly, there might be an additional fee if you require us to correct the error.

Refund Policy. We do not refund any monies for return of the Licensed Product. ALL SALES ARE FINAL. The operating system and other requirements are clearly stated, so make sure that your system meets those requirements before you purchase the Licensed Product. Prior to your purchase you have the opportunity to view the demo and ask us questions to make sure that the Software suits your needs - no refunds will be given on the basis that the Licensed Product does not meet your requirements. Any refunds or chargebacks processed without the consent of WebMastify will result in legal action against you for software piracy. We take this issue very seriously, and have no tolerance for those who pirate software products.

Installation Policy. If you need assistance with installation, please visit our Owners Lounge. If you desire that we install the Software, there is no fee for installation services. However, we do charge a $30.00 (US) fee if we reinstall the Software for you (whether on the same server, or another server). Installation consists of us asking you a series of questions, getting your server login information, uploading all required files, setting all the variables, and making sure the script is operating properly within your server capabilities. Once that is completed, we will contact you with the information you need to begin working with the Software.

By providing your login information to us for installation services you are authorizing us to access your website, make changes, create directories, upload files and all other necessary actions to get the software installed and operating pursuant to our standard specifications. Additionally, you are permitting us to retain the login information for future technical support, should it be needed and for removal of the Software in the event your license is terminated pursuant to the terms hereof. You will indemnify and hold us harmless for all damages that arise from our access to your site and hold us harmless for, and hereby expressly assume all risk for, any violation of your agreement with your website host or provider. Installation services are only available for Unix and Linux servers. We do not offer installation services for Windows NT/2000 or non-Unix / non-Linux servers.

The installation fee covers the initial installation of a single instance of the script; any additional installations will require an additional fee.

Upgrade Policy. Upgrades are free for the lifetime of the script. However, we may charge an additional fee to install Software upgrades if you request that we upgrade your Software.

Confidentiality Policy. Your personal information will be kept confidential and will not be disclosed to a third party unless we are presented with a court order ordering us to do so. The Software may enable collection of personally identifiable information and you as the owner are solely responsible for compliance with the Children's Online Privacy Protection Act.
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