SOFTWARE LICENSE AGREEMENT
Copyright (c) 2001-2009 Ruslan R. Fazliev <rrf@rrf.ru>
All rights reserved.
PLEASE READ
THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS
SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT RUSLAN R. FAZLIEV
(hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO
YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE
FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING OR USING THE SOFTWARE.
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY
(COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT
INSTALL OR USE THE SOFTWARE.
VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE
SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS
TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE.
THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.
The author forbids, under any circumstances, the unauthorized reproduction of
the Software or use of illegally obtained software. Making illegal copies of
the Software is prohibited. Individuals who violate copyright law and
software licensing agreements may be subject to criminal or civil action by
the owner of the copyright.
1. LICENSE GRANT
Upon the terms and conditions of this Agreement, the Author grants you a
nonexclusive, nontransferable license to use the Software on a computer
server and only for purposes of operating an electronic commerce store on the
Internet.
2. PROPERTY RIGHTS AND RESTRICTIONS
2.1 Ownership. The Software and all modifications or enhancements to, or
derivative works based on the Software, whether created by the Author or you,
and all copyrights, patents, trade secrets, trademarks and other intellectual
property rights protecting or pertaining to any aspect of the Software or any
such modification, enhancement or derivative work are and shall remain the
sole and exclusive property of the Author. This Agreement does not convey
title or ownership to you but instead gives you only the limited rights set
forth in this Agreement.
2.2 Limited Rights. Pursuant to this Agreement, you may: a) use the Software
on one website only, for purposes of running one e-commerce store only. You
must provide the author with exact URL (Unique Resource Locator) of the
website you install the Software to; b) modify the Software and/or merge it
into another program; c)transfer the Software and license to another
party if the other party agrees to accept the terms and conditions of
this Agreement.
Except as expressly set forth in this Agreement, you have no right to use,
make, sublicense, modify, transfer or copy either the original or any copies
of the Software or to permit anyone else to do so. You may not allow any
third party to use or have access to the Software. It is illegal to copy the
Software and install that single program for simultaneous use on multiple
machines.
2.3 Proprietary Notices. You may not remove, disable, modify, or tamper with
any copyright, trademark or other proprietary notices and legends contained
within the code of the Software.
2.4 Confidentiality. The Software and the templates contain valuable trade
secrets and proprietary information belonging to Author. You must keep
confidential and protect from unauthorized disclosure all such program code,
all templates and all information that Author expressly designates as
confidential or that you reasonably should understand to be confidential or
proprietary.
3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
3.1 We warrant that the Software will substantially operate as described in
the applicable program documentation for 1 year after you download/copy it
to install on your website. If ordered, technical support can be provided
based on the then current policies for the applicable services ordered.
This Software is provided "as is" and these warranties do not guarantee that
the Software will perform error-free or uninterrupted, or that we will correct
all program errors. These warranties are exclusive and take the place of all
other express or implied warranties or conditions including warranties or
conditions of merchantability, satisfactory quality, and fitness for a
particular purpose.
If we cannot substantially correct a breach of our warranties, in a
commercially reasonable manner, you may end your program license and recover
the license fees or technical support fees paid to us under this license
agreement, as applicable. This is your exclusive remedy.
4. LIMITATION OF LIABILITY
Neither party shall be liable for any indirect, incidental, special,
punitive, or consequential damages, or any loss of profits, revenue, data, or
data use. Our maximum liability for any damages whether in contract or tort
will not exceed the fees which you have paid to us or are payable to us for
this order, and if such damages result from your use of the Software or
technical support, the liability shall be limited to the fees paid or payable
for the Software or technical support.
5. TERM
The license is effective until terminated. You may terminate it at any other
time by deleting the Software together with all copies, modifications and
merged portions in any form. If will also terminate upon conditions set
forth elsewhere in this Agreement or if you fail to comply with any term
or condition of this Agreement. You agree upon such termination to delete the
Software together with all copies, modifications and merged portions in any
form.
6. GENERAL
If any provision of this Agreement is declared void or unenforceable by any
judicial authority, this shall not nullify the remaining provisions of the
Agreement which shall remain in full force and effect.
You may not sublicense, assign or transfer the license or the Software except
as expressly provided in this Agreement. Any attempt to otherwise sublicense,
assign or transfer any of the rights, duties or obligations hereunder is null
and void.
This Agreement is governed by English law. Any dispute arising out or in
connection with this agreement including any question regarding its
existence, validity or termination, shall be referred to and finally resolved
by arbitration under the Rules of the London Court of International
Arbitration ("LCIA") which Rules are deemed to be incorporated by reference
into this clause. The place of arbitration shall be London, England.
The Initial Developer of the Original Code is Ruslan R. Fazliev
Portions created by Ruslan R. Fazliev are Copyright (C) 2001-2009
Ruslan R. Fazliev. All Rights Reserved.
