PLEASE READ
THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT RUSLAN R. FAZLIEV (hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.
The author forbids, under any circumstances, the unauthorized reproduction of the Software or use of illegally obtained software. Making illegal copies of the Software is prohibited. Individuals who violate copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright.
1. LICENSE GRANT
Upon the terms and conditions of this Agreement, the Author
grants you a nonexclusive, nontransferable license to use the
Software on a computer server and only for purposes of operating
an electronic commerce store on the Internet.
2. PROPERTY RIGHTS AND RESTRICTIONS
2.1 Ownership. The Software and all modifications or
enhancements to, or derivative works based on the Software,
whether created by the Author or you, and all copyrights,
patents, trade secrets, trademarks and other intellectual
property rights protecting or pertaining to any aspect of the
Software or any such modification, enhancement or derivative
work are and shall remain the sole and exclusive property of the
Author. This Agreement does not convey title or ownership to you
but instead gives you only the limited rights set forth in this
Agreement.
2.2 Limited Rights. Pursuant to this Agreement, you may: a) use
the Software on one website only, for purposes of running one
e-commerce store only. You must provide the author with exact
URL (Uniform Resource Locator) of the website you install the
Software to; b) modify the Software and/or merge it into another
program; c) transfer the Software and license to another party
if the other party agrees to accept the terms and conditions of
this Agreement.
Except as expressly set forth in this Agreement, you have no
right to use, make, sublicense, modify, transfer or copy either
the original or any copies of the Software or to permit anyone
else to do so. You may not allow any third party to have access
to the source code of the Software. It is illegal to copy the
Software and install that single program for simultaneous use on
multiple machines.
2.3 Proprietary Notices. You may not remove, disable, modify, or
tamper with any copyright, trademark or other proprietary
notices and legends contained within the code of the Software.
2.4 Confidentiality. The Software and the templates contain
valuable trade secrets and proprietary information belonging to
Author. You must keep confidential and protect from unauthorized
disclosure all such program code, all templates and all
information that Author expressly designates as confidential or
that you reasonably should understand to be confidential or
proprietary.
3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
3.1 We warrant that the Software will substantially operate as
described in the applicable program documentation for 1 year
after you download/copy it to install on your website. If
ordered, technical support can be provided based on the then
current policies for the applicable services ordered. This
Software is provided "as is" and these warranties do not
guarantee that the Software will perform error-free or
uninterrupted, or that we will correct all program errors. These
warranties are exclusive and take the place of all other express
or implied warranties or conditions including warranties or
conditions of merchantability, satisfactory quality, and fitness
for a particular purpose.
4. LIMITATION OF LIABILITY
Neither party shall be liable for any indirect, incidental,
special, punitive, or consequential damages, or any loss of
profits, revenue, data, or data use. Our maximum liability for
any damages whether in contract or tort will not exceed the fees
which you have paid to us or are payable to us for this order,
and if such damages result from your use of the Software or
technical support, the liability shall be limited to the fees
paid or payable for the Software or technical support.
5. TERM
The license is effective until terminated. You may terminate it
at any other time by deleting the Software together with all
copies, modifications and merged portions in any form. It will
also terminate upon conditions set forth elsewhere in this
Agreement or if you fail to comply with any term or condition of
this Agreement. You agree upon such termination to delete the
Software together with all copies, modifications and merged
portions in any form.
6. GENERAL
If any provision of this Agreement is declared void or
unenforceable by any judicial authority, this shall not nullify
the remaining provisions of the Agreement which shall remain in
full force and effect.
You may not sublicense, assign or transfer the license or the
Software except as expressly provided in this Agreement. Any
attempt to otherwise sublicense, assign or transfer any of the
rights, duties or obligations hereunder is null and void.
This Agreement is governed by English law. Any dispute arising
out or in connection with this agreement including any question
regarding its existence, validity or termination, shall be
referred to and finally resolved by arbitration under the Rules
of the London Court of International Arbitration ("LCIA") which
Rules are deemed to be incorporated by reference into this
clause. The place of arbitration shall be London, England.
This software were entirely created by ProBIZ Software
Technology Co., Ltd and are Copyright © 2001-2008
ProBIZ Software Technology Co., Ltd. All Rights Reserved.