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THIS END USER LICENSE AGREEMENT (EULA) IS A CONTRACT AND EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM(S) AND ASSOCIATED DOCUMENTATION THAT MASTERDEV (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.
1. LICENSE GRANT
Upon the terms and conditions of this Agreement, the Author grants you a non-exclusive license to use the Software on ONE Computer Server or ONE IP Address or ONE Domain or ONE Web Site and only for purposes of operating electronic software on the Internet or Intranet. Each product require additional Software Product License. You can not modify or create derivative copies of the Software Product License.
2. MODIFICATIONS
2.1 Error Corrections and Updates. The Author will provide you with error corrections, bug fixes, patches or other updates to the Software licensed hereunder in open source code form to the extent available in accordance with Author's release schedule until termination of this Agreement in accordance with the terms and on the conditions set forth in this Agreement.
2.2 Other Modifications. You may, from time to time, request that the Author incorporate certain features, enhancements or modifications into the Software. The Author may, in its sole discretion, undertake to incorporate such changes and distribute the Software so modified to all or any of Author's customers.
2.3 Title to Modifications. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of the Author.
3. GRANT OF NON-EXCLUSIVE LICENSE
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to install and use the Software Product on a single website/domain. Each domain/website which uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.
(b) Grant of License. Subject to a validly issued Software Product License, Author grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single website/domain. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by the Author.
(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License. You may install each Software Product License on a single website/domain and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
4. PROPERTY RIGHTS AND RESTRICTIONS
4.1 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. The Software Product is protected by U.S, CANADA, and international copyright laws and treaties, as well as other intellectual property laws and treaties.
4.2 Limited Rights. Pursuant to this Agreement, you may:
a) USE the Software on one website only, for purposes of running one Software License only. You must provide the author with exact URL (Uniform Resource Locator) of the website you install the Software to;
b) NOT modify the Software and/or merge it into another program;
c) NOT transfer the Software and license to another party. 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.
4.3 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.
4.4 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.
5. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. SUPPORT SERVICES
Author may provide you with support services related to the Software Product. Use of any such support services is governed by the Author polices and programs described in "online" documentation and/or other Author - provided materials. Any supplemental software code or related materials that Author provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to Author as part of the support services, Author may use such information for its business purposes without restriction, including for product support and development. Author will not use such technical information in a form that personally identifies you.
7. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
Author may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
8. REFUND POLICY
Please take time and evaluate the software using our online demo or trial version. Before purchase, make sure that your server supports the software requirements. Refunds will not be given for reasons surrounding the user's lack of knowledge of the software's functionality, limitations, or restrictions, as we provided every opportunity to evaluate the software prior to purchase. If you have a question, please ask our staff before making your purchase. Complete source code is delivered with the software, the digital nature of the product makes it non-returnable; therefore all sales are final. Refunds are NOT given for installation fees or other non-product labor costs.
9. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
9.1 YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND AUTHOR (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
Author warrants that the Software, when properly installed, 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 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 all errors in the Software and documentation will be corrected. 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.
9.2 This Agreement does not obligate the Author to perform the installation of any corrections, bug fixes, patches or other updates to the Software licensed hereunder that is installed on your server.
9.3 If the Author cannot substantially correct a breach of these warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to the Author under this license agreement, as applicable. This is your exclusive remedy.
10. 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.
11. 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.
12. 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.
If you have any questions about this EULA, or if you want to contact Master Web Development for any reason, please direct all correspondence to:
Master Web Development
www.masterdev.org or
office@masterdev.org
The Initial Developer of the Original Code is Master Web Development (MasterDev)
Portions created by Masterdev are Copyright © 2009 Georgi A. Todorov. All Rights Reserved.
Master Web Development is registered Trade Mark of Georgi A. Todorov.
