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 CMSJunkie 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, js, php, graphic/image, and text files) are owned by CMSJunkie. Such rights are protected by copyright laws, other applicable copyright laws, and international treaty provisions. CMSJunkie 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 for the purpose of enhancing or customizing the product) unless otherwise specified by the products license(ex: GNU/GPL). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from CMS Junkie unless otherwise specified by the products license. CMS Junkie 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. You may not remove any copyright notices in any of the source code, this includes any references to CMS Junkie.
LICENSES: Each copy of the software must have it's own (separate) license and be registered with CMSJunkie unless otherwise specified by the products license(ex: GNU/GPL). You are not permitted to make copies of the software without first purchasing the appropriate additional licenses(unless specified by the product’s license). Individual software licenses are only valid when registered to a domain/url. The 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. CMSJunkie 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 CMSJunkie 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 that is not specifically referred to as "trial software", or that includes the "source code", can be returned for a refund within a 7 day period from the purchase date. Should you experience a problem with any purchased software, CMS Junkie offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed.
SUPPORT SERVICES: Some software and services purchased from CMSJunkie , may include limited free support (technical support, re-downloads, and free updates may be limited to 6 months from date of original qualifying purchase). Unless stated otherwise, the free support is only available through our website/email. 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".
INSTALLATION: You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. CMSJunkie does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks 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, CMSJunkie, 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 CMSJunkie , 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 CMSJunkie , is called for service or installation. We are not responsible for any loss of data.
GENERAL DISCLAIMER: CMSJunkie , 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. CMSJunkie , 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.
GNU GENERAL PUBLIC LICENSE
All product licensed under the GNU/GPL have a copy of the GNU General Public License included. If not, please read: http://www.gnu.org/copyleft/gpl.html
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