Shopkeeper License Agreement
The user is granted one limited-use license pursuant to the following terms and terms and conditions of sales included here by reference. Using licensed software without purchasing a valid license from the copyright owner is prohibited by United States and international copyright law.
A license agreement expresses the terms and conditions on which you may use software and its associated documenation collectively furnished by the copyright owner and author jointly (generally referred to hereafter as 'author').
By using any licensed software product, the user and user's company are accepting and agreeing to the terms of the license agreement outlined herein. If the user is not willing to be bound by the agreement, do not use the software. Various copyrights and other intellectual property rights protect the software. This agreement is a license agreement that gives the user 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 the license 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 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 created by the author and all copyrights, 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 the user but instead gives the user only the limited rights set forth in this agreement.
2.2 Limited Rights. Pursuant to this agreement, the user may: a) use the software on one website only, for purposes of running one ecommerce store only. User cannot modify the software and/or merge it into another program; or transfer the software and license to another party. It is strictly prohibited under this agreement to transfer the software and license to any party without author's written permission. Except as expressly set forth in this agreement, the user has 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. The user may not allow any third party to use or have access to the software. It is illegal to copy the software and install that single program for simultaneous use on multiple machines.
2.3 Proprietary Notices. The user 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 that program code, all templates and all information that the 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 substantially operates as described in the applicable program documentation for 1 year after installation 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. If we cannot substantially correct a breach of our warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as applicable pursuant to our moneyback refund policy. This is your exclusive remedy.
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. The user 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 user fails to comply with any term or condition of this agreement. The user agrees 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. The user 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 USA 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. The place of arbitration shall be Collin County, Texas, USA.
Author: Alexandria Marx. Copyright (C) 2003-2009 Alexandria Marx. All Rights Reserved.
Shopkeeper is licensed software and use is authorized on one domain per purchase.
Also see Copyright information and Terms and Conditions herein incorported by mention. |
