END USER LICENSE AGREEMENT
1. READ THIS BEFORE PURCHASING:
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASING THE LICENSE TO USE THIS SOFTWARE. BY PURCHASING THE LICENSE TO USE THIS SOFTWARE YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU, ANY END USER, AND THE COMPANY. IF YOU DO NOT AGREE WITH THEM, OR DO NOT WANT THEM TO BE BINDING ON YOU, YOU SHOULD NOT PURCHASE THE LICENSE TO USE THIS SOFTWARE.
It is hereby understood and agreed that Reflect Media Group LLC ("Licensor") is the owner of all right title and interest to Clickatell Custom Form Action for XMod Pro ("Software") which you are about to purchase a license to use and download. You, as licensee ("Licensee") through your purchase of this license to use the software do not acquire any ownership rights to the Software. The Software which accompanies this license is the property of Licensor and is protected by copyright law. Licensor reserves the right to transfer it rights herein and ownership interest in the Software. In the event Licensor transfers its rights herein and ownership interest in the Software, such transfer shall not affect the rights and obligations of any party to this agreement and this agreement shall remain in full force affect.
This is a license, not a transfer of title or ownership to the Software. In consideration of the payment of a license fee, Licensor hereby grants Licensee a nonexclusive license to use one copy of the Software on a single production website and an unlimited number of development websites. However, the websites the Software is used for, whether production or development, may only be used with a single DotNetNuke installation.
For the purposes of this agreement, "development websites" are defined as a website or websites used solely for configuring, testing, and developing applications with the Software prior to installation of the Software on a production website for a single DotNetNuke installation. For the purposes of this agreement, a "production website" is defined as a website running a single DotNetNuke database, which may be either a public-facing web server or a private server running on an intranet. Under no circumstances may the Software be used on more than one DotNetNuke database without purchasing additional licenses.
A. The license is effective until terminated. Licensee may terminate it at any time by destroying the Software together with all copies thereof.
B. This license will terminate upon conditions set forth elsewhere within this Agreement or if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Licensor to effect such termination.
C. Upon termination of this agreement, Licensee agrees to destroy the Software together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Licensor at Licensee's expense.
5. RESTRICTIONS ON USE
Except for the initial downloading of the Software on a hard disk or for archival/backup purposes as provided for above, Licensee shall not, without Licensor's express written consent:
(1) Copy or reproduce the Software in any way.
(2) Use the software on more than one DotNetNuke installation without purchasing additional licenses.
(3) Transfer, distribute, modify or translate the Software, or any portion thereof.
(4) Disassemble, decompile, or otherwise reverse engineer the Software or any of its data in any way, shape, or form.
(5) Distribute License Codes, in whole or in part, for this product to any other party.
This license does not entitle Licensee to any upgrades. Licensor may, at its sole discretion, make certain free patches and service packs available to Licensees.
This license, if purchased with a subscription, entitles the Licensee to certain free upgrades, patches, and service packs made available by the Licensor during the subscription period.
Any license to use any upgrades, supplements, add-on components, patches, and service packs to the software subsequently provided by Licensor, whether purchased or not, are subject to the same terms and conditions as provided herein. Licensor reserves the right to supplement this agreement with additional terms along with any subsequent upgrades, supplements, add-on components, patches, and service packs to the software.
A. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you (and not the Licensor) assume the entire cost of all necessary servicing, repair, or correction.
B. Licensee shall assume responsibility for the selection of the Software and for the installation, use, and results obtained from the Software.
C. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
D. By purchasing license to use and download the software, you agree to accept all liability regarding its use or misuse.
In no event will Licensor be liable for any damages, including but not limited to, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use such Software even if Licensor or its authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. JURISDICTION AND DISPUTES
A. This Agreement and the Limited Warranty shall be governed by the laws of Kentucky.
B. All disputes hereunder shall be resolved in the applicable state or federal courts of Kentucky. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
11. ENTIRE AGREEMENT AND SEVERABILITY
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith. IF any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND BY PURCHASING THE LICENSE TO USE THIS SOFTWARE AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.