SOFTWARE FACTORY END USER LICENSE AGREEMENT
SOFTWARE: PLR Poster
COMPUTER/SERVER: Installation on one (1) computer for one (1) purchase.
SPECIAL NOTE : PLR Poster is licensed on a per computer basis. This means that you can use this application on only ONE (1) computer. Additional computer, require additional licenses. You may not resell this application, offer it as yours, or offer it as a service. All of our copyright notices must remain visible. This software is licensed, not sold. YOU CANNOT RESELL, RENT, REBRAND OR LEASE THIS APPLICATION. Doing so without our written permission will result in legal prosecution
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SOFTWARE FACTORY END- USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Software Factory, Inc. ("SFI") for the SFI SOFTWARE identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE.
SOFTWARE LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold. The SOFTWARE is owned and copyrighted by SFI. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. SFI's third party suppliers may protect their rights in the event of any violation of these License Terms.
INTRODUCTION
The SOFTWARE is comprised of any or all of the following components: (i) the core file components, (ii) SFI Image Files, (iii) SFI Documentation, (iv) SFI “Online” Documentation. This EULA describes your rights with respect to the SOFTWARE and its components. The following terms govern your use of the specified SOFTWARE unless you have a separate written agreement with SFI. For our purposes, email does not constitute a written agreement.
1. GRANT OF LICENSE
This EULA grants you the following rights:
* Standard Use
You may install and use one (1) copy of the SOFTWARE on a single computer for a single company. You must disclose and reveal to SFI the name of the company for which the SOFTWARE will be installed and used. "Use" means storing, loading, installing, executing or displaying the SOFTWARE.
* Modification Use
SFI grants you a non-exclusive, limited license, subject to the modification requirements below, to modify the SOFTWARE. The modified SOFTWARE shall not be made available for sale, resale, distribution under any circumstances. SFI will offer technical support for the modified SOFTWARE at its sole discretion. SFI will not offer upgrades for the modified SOFTWARE.
* Modification Use Requirements
If you exercise the modification rights described above, you agree to: (a) only exercise the modification rights described above on the SOFTWARE installed on the company registered with SFI for use of the SOFTWARE; (b) limit the modified SOFTWARE to the same parameters (number of computers (servers)) specified in this license agreement; (c) not to remove the Developed By Software Factory, Inc. logo from the visitor chat screen (d) reproduce and maintain all SFI copyright notices in the original SOFTWARE on all adaptations; and (e) indemnify, hold harmless, and defend SFI from and against any claims or lawsuits, including attorney's fees, that arise or result from use of the modified SOFTWARE; (f) not disable any licensing control features of the SOFTWARE; (g) not to reverse engineer any files provided.
* SFI Image Files
If you use any of the Image Files, you agree to: (a) not use the Image Files to disparage SFI, its products or services or for promotional goods or for products which, in SFI's sole judgment, may diminish or otherwise damage SFI's goodwill in the SOFTWARE including but not limited to uses which could be deemed under applicable law to be obscene or pornographic, uses which are excessively violent, unlawful, or which purpose is to encourage unlawful activities; (b) not use the Image files to imply SFI's sponsorship, endorsement or approval of your SOFTWARE modification, service or content provided by your company.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services
SFI may provide you with support services related to the SOFTWARE ("Support Services"). All support services will be provided either by e-mail or phone for a time period of twelve (12) months starting the same day that the SOFTWARE is supplied. Any supplemental software code or alteration in database schema provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to SFI as part of the Support Services, SFI may use such information for its business purposes, including for product support and development. SFI will not utilize such technical information in a form that personally identifies you.
* Confidential Information
The term "Confidential Information" means any information or material, which is proprietary to SFI, whether or not owned or developed by SFI, which is not generally known other than by SFI, and which you have obtained through SFI. Confidential Information includes without limitation: trade secrets, technical information, product
design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE.
* Protection of Confidential Information
You understand and acknowledge that the Confidential Information associated with the SOFTWARE has been developed or obtained by SFI by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of SFI, which provides SFI with a significant competitive advantage, and needs to be protected from improper disclosure. You agree to hold in confidence and to not disclose the Confidential Information to any person or entity, except those who are required to have access to the Confidential Information in order to perform their job duties in connection with the limited purposes of this agreement.
* License Term Verification
SFI reserves the right to check all licensees to verify compliance with this EULA. In order to verify this compliance, you understand and acknowledge that the SOFTWARE may collect and send back information to SFI about the location where the SOFTWARE has been installed.
* Limitations on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental
You may not sell, rent, lease or lend the SOFTWARE.
* Software Transfer
You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SFI.
4. TERMINATION
Without prejudice to any other rights, SFI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, the accompanying “online” materials, and any copies of the SOFTWARE are owned by SFI. Copyright laws and international treaty provisions protect the SOFTWARE. Therefore, you must treat the SOFTWARE like any other copyrighted material. You may not copy the printed or “online” materials accompanying the SOFTWARE.
LIMITED WARRANTY
SFI guarantees that: (a) during a time period of fourty five (45) days starting at the same date of the SOFTWARE acquisition, the SOFTWARE will work and operate conforming to the terms and conditions of the provided documentation, and that (b) any technical support supplied by SFI will be provided according to this EULA. SFI will be either in position to (a) repair the SOFTWARE or (b) replace the SOFTWARE. The SOFTWARE
PRODUCT replacement will be guaranteed during the rest of the original warranty time period or during thirty (30) days, choosing from both periods the larger one. The present warranty will be terminated if the SOFTWARE fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SFI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SFI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IS SFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SFI'S LIABILITY SHALL BE CAPPED AT THE AMOUNT PAID FOR THE SOFTWARE.
ALL SOURCE CODE SALES ARE FINAL
The SOURCE CODE SOFTWARE sale is final. Under no circumstances will SFI be in the obligation of returning the amount paid for the source code of the SOFTWARE.
MISCELLANEOUS
Except as otherwise provided herein, this EULA may be amended only by a written amendment signed by authorized representatives of both parties. If any provision of this EULA is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. This EULA will be governed by Texas law, excluding its conflict of laws principles. The exclusive forum and venue for any dispute arising under or in connection with this Agreement will be in any court of competent jurisdiction located in Austin, Texas, and the parties hereby consent and agree to submit to the general jurisdiction of any court in that venue. Signatures transmitted via facsimile shall have the same force and effect as the original.
If you are interested in additional information on licensing or use of SFI SOFTWARE, please contact us or write to :
Software Factory, Inc.
7719 Wood Hollow Drive #200
Austin, TX 78731
Copyright © 2008 by Software Factory, Inc.