End-User License Agreement
IMPORTANT – READ CAREFULLY
This End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Tracking4Web (“Designers4Web.com”) for the provided Designers4Web.com’s product (“Software”), which includes computer software and may include associated media, printed materials, and “online” or electronic documentation, and all copyright, trade secrets and the other rights, titles and interests therein.
By purchasing, installing, copying, or otherwise using the Software, you agree to be bound by all of the terms and conditions of this Agreement. If you are accepting this Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms “you” and “your” in this Agreement will refer to such entity.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Designers4Web.com grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. All ownership and copyright to the materials in this package, both Software and Documentation, remain exclusively with the Designers4Web.com. This Agreement allows you to install and share the Software among multiple administrative users (technicians) sharing a single database (or data repository), based on the license(s) paid by you to Designers4Web.com. You may not install the Software, or any part thereof, on any additional machines nor at any additional physical facilities without obtaining additional licenses. You may not use any additional database or data repository associated with the Software without obtaining additional licenses. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
2. LIMITED TRANSFER RIGHTS
Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each of this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) both the registered owner and the new owner have signed the transfer of ownership form provided by Designers4Web.com; (d) the receiving party secures a personalized key code from Designers4Web.com; and (e) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
3. OTHER RESTRICTIONS
The original of this Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this Agreement on a permanent basis provided you transfer this Agreement and all copies of the Software, including all accompanying printed materials, you do not retain any copies of the Software or such materials, and the recipient agrees to be bound by the terms of this Agreement. Any transfer of the Software must include the most recent update and all prior revisions. You may not reverse engineer, decompile, disassemble or otherwise translate the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Designers4Web.com and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the software.
5. DISCLAIMER OF WARRANTY
The Software is provided “AS IS” without any warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You accept all risk as to the performance of the software. In no way will the Designers4Web.com be liable for any damages or loss caused by the use, or inability to use this Software, regardless of the Designers4Web.com’s awareness of the potential for such damages or loss. In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Software (even if we or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party.
6. LIMITATION OF LIABILITY
In no event shall Designers4Web.com be liable for any damages, losses or injuries, moral damages, indirect patrimonial losses, damages which are a consequence of losses arising from direct patrimonial damages, whether foreseen or unforeseeable, whether based upon lost goodwill, lost profits, loss of use of the software, loss of use of money, loss of data or interruptions in its use or availability, stoppage of other work, impairment of other assets or otherwise and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability in tort (“hecho ilicito”) or otherwise, and whether based on this Agreement, and transaction performed or undertaken under or in connection with this Agreement or otherwise unless such damages are brought about as a result of the willful misconduct, gross negligence or misrepresentations of Designers4Web.com. Designers4Web.com’s liability for damages, regardless of the form of action, shall in any event be limited to the aggregated price received by End User under this Agreement.
7. TERMINATION OF LICENSE
This Agreement takes effect upon your acceptance of the terms of this Agreement and remains effective until terminated by either party in accordance with this Agreement. You may terminate this Agreement at any time by destroying all copies of the Software in your possession and giving Designers4Web.com prompt notice of same. Without prejudice to any other rights, Designers4Web.com may terminate this Agreement for cause, without demand or judicial resolution, upon thirty (30) calendar days written notice if End User breaches any of its obligations under this Agreement. End User shall, upon the effective date of such notice or upon ceasing to use the Software, whichever is earlier, immediately (i) purge all Software from all computer systems, storage media and other files, (ii) return to Designers4Web.com all copies (including partial copies) of the Software and (iii) certify to Designers4Web.com in writing that it has complied with the foregoing obligations and has not provided total or partial copies of the Software to any third party. The expiration or termination of this Agreement for any reason shall not extinguish or diminish End User’s obligation to maintain the confidentiality of the Software, which obligation is continuing and shall survive termination of this Agreement.
Any notice under this Agreement or any other form of communication shall be in writing and shall be delivered in person or by registered letter with acknowledgment or receipt to the address of Designers4Web.com and the End User. End User agrees to notify Designers4Web.com immediately upon any change of address, or upon any intended or actual change in the location of the End Users’s Computer.
By using the Software, you acknowledge that you have read this License in full, fully understood its terms and agrees to be bound thereby. This License contains the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement.