WEB4FUTURE SOFTWARE LICENSE AGREEMENT FOR
BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING
THIS IS A CONTRACT BETWEEN YOU
("LICENSEE") AND WEB4FUTURE.
PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW,
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU
("LICENSEE") DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DECLINE WHERE INSTRUCTED, AND YOU ("LICENSEE") WILL NOT BE ABLE TO USE THE
SOFTWARE. IF YOU ("LICENSEE") DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF
PAYMENT, YOUR MONEY WILL BE REFUNDED, ONLY IF THE SOFTWARE WAS NOT SENT TO YOU ALREADY.
Web4Future declares that the SOFTWARE has no known bugs or security vulnerabilities at this date, 8/09/2010.
The Web4Future software product identified above (the "Software") is
the property of Web4Future or its licenses and is protected by
copyright law. While Web4Future continues to own the Software, you
will have certain rights to use the Software after your acceptance of this
license.
Your rights and obligations with respect to the use of this
Software are as follows:
YOU ("LICENSEE") MAY:
(i) use the Software on ONLY 1 website (
). If you do not know the name of the website where the software will be installed, please contact us before continuing with the purchase;
(ii) modify the software at will ("home modified"), as the source code in PHP will be provided to you upon purchase;
YOU MAY NOT:
(i) sublicense, rent, sell, resell, reuse or lease ANY portion of the Software;
(ii) remove the Web4Future copyright from the administration module (you can remote if from any other page);
(iii) ask for support for a "home modified" version of the SOFTWARE. If you modify the SOFTWARE you give up ALL the rights for future upgrades and bug fixes. For modified versions of the SOFTWARE you may receive bug fixes in the form of PHP functions;
(iv) give the script to anyone. It is your responsibility to protect the script, even from freelance programmers.
(v) ask for ANY type of refund. Upon purchase we will send you the source code in PHP. Once you open the zip file, you agree that you will not ask for a refund.
TERM:
This Agreement is effective for an unlimited duration unless and until
earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the limitations or other
requirements described herein. Upon any termination or expiration of this
Agreement, you must destroy all copies of the Software. You may terminate
this Agreement at any point by destroying all copies of the Software.
UPDATES:
A minor revision or upgrade is any new release of the Software having the
same major version number and a different minor or build version number. You
are entitled to download an unlimited number of minor revisions or upgrades
to the Software when and as Web4Future publishes it via its website or
through other online services (i.e. if you purchase version 3.0 of the
Software, you are entitled to download all 3.x versions of the Software; you
have no further rights to receive version 4.0 of the Software without purchase
of a new license).
OWNERSHIP RIGHTS:
The Software is protected by Romanian copyright laws and international
treaty provisions. Web4Future or its licensors own and retain all
right, title and interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does
not transfer to you any title to the intellectual property in the Software,
and you will not acquire any rights to the Software except as expressly set
forth in this Agreement. All copies of the Software made hereunder must
contain the same proprietary notices that appear on and in the Software.
WARRANTY DISCLAIMER:
THE SOFTWARE IS PROVIDED "AS IS.". WEB4FUTURE WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN SOFTWARE; (B) IMPLIED MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY RELATING TO COURSE OF DEALING, OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WHATSOEVER; (D) CLAIM OF INFRINGEMENT; (E) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR PART FROM WEB4FUTURE'S FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY, OR (F) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA, REVENUE, LICENSEES GOODWILL, OR USE. IN NO CASE SHALL WEB4FUTURE'S LIABILITY EXCEED THE PRICE THAT LICENSEE PAID FOR THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
SOME STATES
AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY:
IN NO EVENT WILL WEB4FUTURE BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE LIST PRICE WEB4FUTURE CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN
IF WEB4FUTURE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.
MISCELLANEOUS:
The Software is a "commercial item". This Agreement is governed by the laws
of Romania. Any action or proceeding brought by anyone arising out of or
related to these terms and conditions shall be brought only in a court of
competent jurisdiction located in Oradea, Romania, and the parties hereby
consent to the jurisdiction and venue of said court. This Agreement sets
forth all rights for the user of the Software and is the entire agreement
between the parties. This Agreement supersedes any other communications with
respect to the Software. This Agreement may not be modified except by a
written addendum issued by a duly authorized representative of Web4Future.
No provision hereof shall be deemed waived unless such waiver
shall be in writing and signed by Web4Future or a duly authorized
representative of Web4Future. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force
and effect.
WEB4FUTURE CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if you
would like to contact Web4Future for any other reason, please write:
Web4Future European Offices,
T. Laurian 20,
Oradea 410011,
Romania
LICENSEE CONTACT DETAILS
Address:
City:
State/Provice
Postal Code:
Country:
E-Mail:
ELECTRONIC SIGNATURES
In witness whereof, the parties hereto have executed this Agreement and have hereunder set their seals.
LICENSEE Name or Company Name
Your full name (if you represent a company, please also state your role in the company: CEO, CFO, assistant)
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