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| Software License Agreement |
PAGEDOWN TECHNOLOGY, LLC. SOFTWARE LICENSE AGREEMENT:
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES
RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND
CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
If you are obtaining the software as defined below on behalf of a company,
you represent that you are duly authorized to represent the company and
accept the terms and conditions of the agreement on behalf of the company. A
binding contract is then formed between PageDown Technology, LLC. and the
company in accordance with the terms of this agreement. You personally agree
not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively "you") do not agree to the
terms and conditions of this agreement, do not download or install the
software.
PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and
other intellectual property rights in and to the software (including but not
limited to all html, asp, aspx, dll, graphic/image, and text files) are owned by
PageDown Technology, LLC. Such rights are protected by United States
copyright laws, other applicable copyright laws, and international treaty
provisions. PageDown Technology, LLC. retains all rights not expressly
granted herein.
You may not redistribute, sell, decompile, reverse engineer,
or disassemble the software (permission is granted to view/modify the source code contained
within the "html", "asp", and "aspx" files only, for the purpose of enhancing or
customizing the product). The software, including any
modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit
written permission from PageDown Technology, LLC. PageDown Technology, LLC. reserves the right
to refuse permission to use this software product to any individual or
company for any reason, and may do so without notice.
LICENSES:
Each copy of the software must have it's own (separate) license and be
registered with PageDown Technology, LLC. You are not permitted to
make copies of the software without first purchasing the appropriate
additional licenses. Individual software licenses are only valid when
registered to a domain/url. This license does not grant any reseller
privileges.
OPTIONAL
SERVER LICENSES:
If a "server" license is purchased, the software is considered licensed only when it resides on the licensed server, which
must be registered with PageDown Technology, LLC. Each server license is
issued to one (1) physical computer/server. Each server that contains the
software, or any portion thereof, must have it's own license. Server
licenses are not equivalent to individual licenses, meaning the software
must remain on the licensed server at all times. This license does not grant
any reseller privileges.
DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you "as is"
without warranties or conditions of any kind, whether oral or written,
express or implied. PageDown Technology, LLC. specifically disclaims any
implied warranties or conditions of merchantability, satisfactory quality,
non-infringement and fitness for a particular purpose.
LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will PageDown
Technology, LLC., or it’s employees or officers be liable for direct,
special, incidental, consequential or other damages (including lost profit,
lost data, or downtime costs), arising out of the use, inability to use, or
the results of use of the software, whether based in warranty, contract,
tort or other legal theory, and whether or not advised of the possibility of
such damages. Your use of the software is entirely at your own risk. Should
the software prove defective, you assume the entire cost of all service,
repair, or correction.
RETURN POLICY:
Software (including but not limited to all html, asp, aspx,
graphic/image, and text files) that is not specifically referred to as "trial
software", or that includes the "source code", cannot be returned for a
refund. Should you experience a problem with any purchased software,
PageDown Technology, LLC. offers support services to assist with any
technical issues. There are no refunds on installation services or any
software that has been installed, downloaded, or emailed to you.
SUPPORT SERVICES:
Some software and services purchased from PageDown Technology, LLC may
include limited free support. Most free support is available through our
website/email, unless otherwise specified. If you require more advanced
technical support or require telephone assistance, additional consulting
services or a support plan may be required. We reserve the right to change
our support policy at anytime. To contact our support dept. for assistance,
click on "Contact Us" and follow the links to "Technical Support".
INSTALLATION:
You must make every attempt to safeguard your data and other files during
installation, when upgrading, or when installing an update. PageDown Technology, LLC. does not assume responsibility for loss
of data or any other losses that result from installation, upgrading, or
updating of the software. Hard disks (including but not limited to all data
or files related to PDshop) should be backed up on a regular basis and
should always be backed up before you begin any installation tasks.
OPTIONAL INSTALLATION SERVICE:
If you have purchased the optional installation service, PageDown
Technology, LLC will install the software onto your web
server. Our technicians will then test the online storefront and web admin.
Installation includes basic configuration only, unless stated in writing
prior to installation. We will not setup your items, categories, payment
gateways, or any other elements. After we determine that the installation
was successful, technical support is provided at the current technical
support department hourly rate. By accepting our services, you acknowledge
that PageDown Technology, LLC is not responsible for any web hosting monthly
fees, setup fees, or any other fees associated with the use or installation
of our software or scripts. While we will make every attempt to safeguard
data during installation or service, we do not assume responsibility for
loss of data. Hard disks and all data on your server should be backed up on a regular basis
and should always be backed up before PageDown Technology, LLC is called for
service or installation. We are not responsible for any loss of data.
GENERAL DISCLAIMER:
PageDown Technology, LLC neither assumes nor accepts any liability for any
loss, damage, theft, misuse, malfunction, etc. of your hardware or data or
anything else that you may own regardless of the cause or reason for any
such misfortune. PageDown Technology, LLC., it’s officers, and employees
will not be liable for lost profits, loss of business or other
consequential, special, indirect or punitive damages, even if advised of the
possibility of such damages, or for any claim by any third party . These
policies, terms, and conditions may be subject to change without notice.
Updated: 1/1/2007 |
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