|
Important: Read Carefully The Following End
User License Agreement Before Using This Software. By
Installing And Using The Software, You Are Confirming Your
Acceptance Of The Software And Are Bound By The Terms Of
This Agreement.
This software and derivative
works of such software program and materials are the
copyrighted work of Smart Business FZE ®. Use of
this Program is governed by the terms of the End User
License Agreement. Any use, reproduction or redistribution
of the Program not in accordance with the terms of the
License Agreement is expressly prohibited.
End User
License Agreement
License
Smart Business FZE
(SBF) hereby grants a limited, non-exclusive license and
right to install and use of the Program for your own use
on one website and by installing the Program you thereby
accept that you may not network the Program or otherwise
install it or use it on more than one computer at a time.
The Program is licensed, not sold. Your license confers no
title or ownership in the Program. This software can not
be resold, but this license can be resold or transferred
to one party for single site use subject to prior
permission of SBF.
You may make one copy of the
Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the
original copy of the Software.
If you fail to comply with
this Agreement, SBF may terminate the license and you must
destroy all copies of the Software.
Ownership
The license gives you
limited license to use the Software. SBF retains all
rights, title and interest, including all copyright and
intellectual property rights, in and to, the Software and
all copies thereof. Any violation of this agreement may
result in civil and criminal penalties.
This Agreement shall be
governed by and construed in accordance with the laws of
UAE, without reference to any conflict of law principles.
You agree that any action at law or in equity arising out
of or relating to these terms and conditions shall be
filed only in the courts located in Sharjah, UAE. You
further consent and submit to the personal jurisdiction of
these courts for the purposes of litigating any such
action.
End User
Responsibilities
Subject to the grant of
license, you may modify this program to make the software
seamlessly integrate with your website, or to develop
modules which add functionality.
You agree that you may not,
in whole or in part, copy, reproduce, reverse engineer,
modify, disassemble, decompile, or create derivative works
based on the Program, or remove any proprietary notices or
labels on the Program without the prior consent, in
writing, of SBF.
The program is licensed to
you as a single product. You must leave the copyright
information intact in each of the source files. You are
not entitled to rent, lease, or license the Program to
others. You may not provide, sell or transfer
reproductions of the Program to other parties in any way.
Program
Transfer
You may permanently transfer
all of your rights under this License Agreement, provided
the recipient agrees to the terms of this License
Agreement and you agree to remove the Program from all
computers on which you installed or had installed by
another party.
External
Components
The Program may rely on,
external components provided by a third party to provide
some level of functionality. In any case, SBF makes no
warranties, claims, or provision for any third party
components. You are responsible for making any and all
appropriate licensing arrangements with any third party
external component providers.
Termination
This License Agreement is
effective until terminated. SBF may, at its discretion,
terminate this License Agreement in the event that you
fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy the
media containing the Program or erase it from all
computers you have installed it on, or had installed on.
Limited
Warranty
SBF expressly disclaims any
warranty for the program and manual(s) are provided "AS
IS" without warranty of any kind, either express or
implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular
purpose, or no infringement. The entire risk arising out
of use or performance of the Program remains with you,
however, SBF warrants up to and including 90 days from the
date of your purchase of the Program that the media on
which the Program is furnished shall be free from defects
in material and workmanship. In the event that the
downloaded .zip file (delivered via electronic shipment
(E-MAIL, FTP, HTTP, etc.) proves to be defective during
that time period, and upon presentation to SBF of proof of
purchase of the defective Program, SBF will either:
electronically deliver a new working copy; or
correct any defect.
Limitation of Liability
SBF shall not be liable in
any way for loss or damage of any kind resulting from the
use of the program including, but not limited to, loss of
goodwill, work stoppage, computer failure or malfunction,
security breaches, data loss, data corruption or any and
all other commercial damages or losses. Some states do not
allow the exclusion or limitation of incidental or
consequential damages, or allow limitations on how long an
implied warranty lasts, so the above limitations may not
apply to you.
This software is provided
"as is" without any express or implied warranties. SBF
hereby disclaims all warranties and conditions with regard
to the software including all implied warranties and
conditions of merchantability, fitness for a particular
purpose, title and non-infringement. In no event shall SBF
or its suppliers be liable for any special, indirect, or
consequential damages or any damages whatsoever resulting
from any procurement of substitute goods or services, any
business interruption, or any loss of use, data, profits
or wages whether in any action of contract, negligence, or
other tortuous action arising out of or in connection with
the use or performance of software provided.
Miscellaneous
This License Agreement may
be amended, altered or modified only by an instrument in
writing specifying such amendment, alteration or
modification, which is executed by both parties. In the
event that any provision of this License Agreement shall
be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provision will be
enforced to the maximum extent permissible and the
remaining portions of this License Agreement shall remain
in full force and effect.
You hereby acknowledge that
you have read and understand the foregoing License
Agreement and agree that the action of installing the
Program is an acknowledgment of your agreement to be bound
by the terms and conditions of the License Agreement
contained herein. You also acknowledge and agree that this
License Agreement is the complete and exclusive statement
of the agreement between SBF and you and that the License
Agreement supersedes any prior or contemporaneous
agreement, either oral or written (including inconsistent
statements in written materials and online help
accompanying the Program), and any other communications
between SBF and you.
|