End User License Agreement for Software by WorksForWeb.
Effective from 15 December 2009
This End User License Agreement, further referred to as "EULA", is a contract between WorksForWeb, further referred to as "the Owner", "the company", "we", "us" and ""our"; and the End User, further referred to as "the User", "you", "your", "yours"; that outlines the terms and conditions of your use of iRealty/ iAuto/ iLister Software (further referred to as "the Software').
By accessing, acquiring, downloading, purchasing, installing, or otherwise using the Software, you as the User agree to be bound by the terms and conditions of this EULA. The EULA comes into full effect and force at the moment of purchase of the Software, or at the moment when the Software is otherwise lawfully obtained by the User as described in section "Distribution" hereof, and terminates as described in the section "Termination" hereof.
Software - the combination of code, files, documentation, databases and other electronic media provided as part of the software package.
Software License (also "The License") - a memorandum of contract between the Owner and the User of the Software that specifies the perimeters of the permission granted by the Owner to the User.
Third Party Components (also "3rd Party Components") - components developed, licensed and distributed by parties other than the Owner.
Software Instance - a unique installation of the software on a system capable of running it, whether used for production purposes or for testing.
Terms of Sale - specific terms and conditions of sale describing any product components, offers, limitations, and services included/not included as part of the Software.
The Software is owned solely by the Owner, with the exception of third party components that are licensed, distributed and owned by their respective owners. The ownership of the Software remains with the Owner at all times. The Owner hereby grants the right to use the Software for lawful commercial or non-commercial activities perpetually or within the specified time frame in accordance with the terms of sale.
3rd party components
The Software includes components which are copyrighted by 3rd party developers and are distributed under licenses different from this License. Such components and products are located in the /system/ext of the iAuto software package.
The Owner has tested the above components, and to the best of our knowledge the Owner ascertains their compatibility with the Software. The User has the right to modify these components in accordance with, and to the extent permissible by, the terms and conditions of their respective licenses, however, the Owner provides no explicit or implied warranties of the compatibility of such altered components with the Software and provides no explicit or implied warranties in regards to operability of the Software as a direct or indirect result of such changes.
Grant Of License
This License grants the User the following rights:
Installation And Use
The User has the right to install and use only ONE instance of the Software per license. You may install the Software on your local server or system for testing purposes, but you agree to uninstall it prior to installing your working instance of the Software on the publicly accessible webspace. Only one instance of the Software per License may be operational at any given time in any given location. You will have to acquire additional licenses to run the Software on subdomains of the existing domain(s) you have licenses to. If you wish to use other instances of the Software, you will have to purchase additional licenses.
The User has the right to keep ONE backup copy of the Software. However, this backup copy must not be used as a working copy, i.e. must not be installed or/and configured to be able to service user requests.
The User has the right to request and receive technical support, whether free or paid, if the technical support option is included in the terms of sale for the product edition. The Owner at its own discretion may provide additional technical support if deemed appropriate.
The License explicitly prohibits the User from the following:
Copying, selling, re-distributing the code in any way, whether electronically or otherwise, making public, giving away or otherwise distributing the Software or any part thereof, distributed under the License.
Using any part or component, whether modified or not, of the Software distributed under the License as part of other software or standalone.
Responsibilities of the User
Safeguarding the Software
You acknowledge and agree that the structure, sequence, and organization of the Software (including but not limited to any technical configurations, technical data, images, photographs, animations, video, audio, music, and text) are proprietary to and are the valuable trade secrets of the Owner and its licensors. You agree to use due diligence to safeguard and protect the Software and all source code as the valuable trade secret and exclusive property of the Owner. You specifically agree to indemnify the Owner for all losses that it may incur due to the theft of all or any part of the source code of the Software while in your possession.
Marks and Notices
The Software and its entire code is protected by international and local copyright and intellectual property laws. You must not remove or alter the "Powered by" and copyright notices on the Software without the explicit consent of the Owner, or unless otherwise is explicitly allowed by the terms of sale.
You agree to ensure that all marks, copyright notices and legends pertaining to the origin, identity or ownership of the Software remain intact and clearly legible in the software source code. Further, such marks, copyright notices and legends shall remain intact, visible, and easily readable on each page generated by the software source code. You shall make no attempts to reduce the visibility of such makrs, notices and legends by altering their color(s), style(s) or otherwise making them less visible or invisible.
Depending on the product edition, the Owner requires to maintain some or all such marks, notices or legends on the front-end portion of the website generated by the Software. The Owner may, at the Owner's discretion, grant or deny the right to modify such marks and notices.
The User may purchase the option to modify or remove such marks, notices or legends from the templates and the frond-end interface components. However, the php source code must have such marks, notices or legends intact.
Link to Installation Domain
You agree to provide the Owner with the valid URL of the intended installation location of the software. You further agree to keep the Owner informed of alternate URLs in the event you change the domain name under which the Software is installed. Failure to comply with the requirement to keep the Owner informed of the installation URL will result in breach of this EULA and in the subsequent revocation of the License by the Owner.
Other Rights and Limitations
References for Marketing Purposes
Unless you submit to the Owner a written request that your company and/or your web site may not be used for marketing purposes, you hereby grant the Owner the right to mention your company and/or your web site as a customer site in all of its marketing materials, including, but not limited to Owner's web sites, brochures, leaflets, emails, press releases in any media format, whether electronic or printed. Such use may include listing your web site, linking to your web site, and/or displaying your company's logo as part of such listings or links.
No Right to Transfer
This License is non-transferable, you may not re-sell or re-distribute the Software or any of the code included in any way without the Owner's prior written consent and approval. In the event such written consent and approval is granted, you may transfer the Software to a third party only if you assign all of your rights under this License, cease using the Software, erase or destroy any copy made by or for you, and ensure that the other person agrees to the terms of this License. The Owner's agreement to transfer the license to a new user expressely implies that the new user has read, acknowledged and accepted the hereby End User Licence Agreement.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Owner does not warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume all responsibility for selecting the Software to achieve your intended results, and for the use and results obtained from the Software. The Owner is not responsible if the Software does not operate on your server or computer due to configuration of hardware or software. You agree to review hardware and software requirements for operating the Software, as well as to request the Owner's assistance to review and resolve any non-compatibility issues with such hardware or software prior to purchase. The Owner has no responsibility in the event the Software has been altered in any way, or for any failure that arises out of use of the Software with other than a recommended hardware configuration, platform or operating system.This disclaimer of warranty constitutes an essential part of this agreement.
Limitation of Liability
Under no circumstances and under no legal theory, tort, breach of contract or warranty or otherwise, shall the Owner be liable to the User or any other party for any indirect, special, punitive, incidental, or consequential damages of any character including, without limitation, damages for work stoppage, computer failure or loss of revenues, profits, goodwill, use, data or other intangible or economic losses. In no event will the Owner be liable for any damages in excess of the amount actually paid for the Software License, even if you or any other party shall have informed the Owner of the possibility of such damages, or for any claim and even if a remedy set forth herein is found to have failed of its essential purpose. No claim, regardless of form, may be made or action brought by the User more than one year after the basis for the claim becomes known to the party asserting it.
The Owner provides certain amount of free or paid technical support for certain editions of the Software based on the terms of sale. The support period starts upon the delivery of the Software to the User and ends at the end of the period identified in the terms of sale for each edition. During the support period, the Owner will render support services to the User on the 24-hour response time basis, excluding public holidays and weekends.
After the completion of the free technical support period, support services may be rendered on "as time/workload allows" basis. In addition, the User has an option to procure additional support services for an additional fee after the free technical support period has expired.
Refund/ Return/ Exchange Policy
By purchasing or using the Software, you acknowledge that you have exercised due diligence in ascertaining that the Software will run on your intended hosting environment. It is User's responsibility to ensure your hosting service provider offers all required extensions, configurations and capabilities to fully support the Software's operation in its default configuration. The Owner is not responsible for assisting the User in fine-tuning, configuring or otherwise altering User's hosting environment and will not be liable for any costs, charges or fees borne by the User or any third party that may be associated therewith. At no time shall the inability to run the Software on any server environment shall be considered the grounds for a refund/return of the Software.
You further acknowledge that the Software's functions and capabilities meet your requirements and expectations, having reviewed the Software's operation on the demo or trial web sites based on the Software. Additional functions or customizations of the existing functions can be purchased separately for an additional cost.
The Owner provides refunds/returns/exchanges strictly based on the version of the Terms of Sale for each of the software editions active on the moment of purchase. For editions that contain no refunds/returns/exchanges, all sales are final. Executing a charge back of funds in violation of the refund/return/exchange policy is considered an unlawful breach of the hereby EULA, and will be persecuted to the maximum extent allowable by law.
For the editions of Software that contain a refund/return/exchange provision in the terms of sale, and/or in the Software package, the User has the right to request a refund/return/exchange within the timeframe specified in the Terms of Sale or in the Software package purchased. To claim the refund/return/exchange, the User agrees to provide a written statement detailing the reasons of the refund/return/exchange requested. Prior to executing a refund/return/exchange, the Owner may offer the User to resolve the issue(s) that have caused the User to request the refund/return/exchange, or may issue the refund. In the latter case, banking and/or processing fees for the transaction will apply.
The Owner may also issue a refund/return to the User as the Owner's initiative. In the event such a refund/return is issued, your License is terminated and you agree to destroy all copies of the Software and all installations of the Software.
Delivery and Distribution
The Software is distributed in one of the following ways:
Email attachment. In this case, all of the Software's files will be packed into an electronic archive and attached to the electronic mail message sent to the electronic mail address designated by the User. The Software is considered delivered at the moment when the message containing the software archive has left the the Owner's mail server.
Downloadable package. In this case, the Owner provides the User with a link to a location containing the electronic archive with the Software. The Software is considered delivered when the User accesses the package by any the network protocol.
Installation. In this case, the User provides the Owner with all information and access rights required for the Owner to successfully install the Software on User's server. The Software is considered delivered once the installation is successfully completed.
The Owner reserves the right to terminate your license if you fail to comply with any of the terms of this EULA or terms of sale. In such an event, you agree to destroy any copies of the Software and the installation thereof.
Entire Agreement, Severability
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.