License Agreement

Status
Not open for further replies.
This license agreement ("Agreement") is a legal agreement between AffiliateCMS.com ("We," "Our," or "Us") and you (either an individual or an entity, "You" or "Your") for the use of AffiliateCMS.com and any services that may be offered. The terms of this Agreement may be modified at any time by AffiliateCMS.com.

By purchasing the Website (or giving someone else permission to do so), you represent that you are of legal age, that you have read, understand, and agree to be bound by the terms of this Agreement. You agree that this Agreement enumerates everything that has been agreed upon between you and AffiliateCMS.com.

1. Grant and Scope of License​

AffiliateCMS.com thus provides You a limited, non-exclusive, worldwide license to install, download, and use a single instance of the Website ("License") through a single installation, subject to the terms and conditions of this Agreement and Your payment of the corresponding charge for the Website. Any effort to get around this restriction is against the law and will result in the License being revoked. Each License is only permitted to execute one instance of the Website, accessible through one URL. Automated checks, including but not limited to installations informing Us of their usage, may be utilized to validate your license.

You must register the address (URL) where you will utilize the License in the AffiliateCMS.com customer area prior to deploying the Website. This URL has to be updated regularly. To test the Website, you are free to build more test installations. Any such test installation must be password-protected, installed at a URL that is obvious about its testing purpose, not utilized for production, and only You and Your website personnel have access to it.

To be clear, nothing in this Agreement shall constitute a warranty as to the accessibility or availability of the AffiliateCMS.com community, the information or files contained therein, related documentation, or the ability to interact with any community members.

2. Rights​

You have permission to use the Website solely in accordance with the terms and conditions of the License. You understand that AffiliateCMS.com owns all intellectual property rights, copyrights, and trademarks in the Website, that these rights are granted to You under a license (not a sale), and that you have no other rights in or to the Website than the right to use it in accordance with this Agreement.

Unless by expressing previous arrangement with AffiliateCMS.com, all copies of the Website must include the same proprietary notices that appear on and in the Website, including all copyright notices embedded in the Website, which must remain unchanged from the original and visible at all times.

If the expiration date of the License comes after the date of the transfer, You may permanently transfer the Website to a third party (a "Subsequent Licensee") not earlier than 90 days after the earlier of the date of purchase or the date the Website was transferred to You. You forfeit your right to keep any installation or copy of the Website by transferring the license. Any such installation or duplicate of the Website shall be permanently destroyed. The conditions of the License Agreement must be accepted by the Subsequent Licensee.

3. Restrictions​

You are alone the recipient of this license. The Website cannot be distributed in whole or in part by you. The Website may not be rented, leased, sublicensed, sold, assigned, pledged, transferred, or otherwise disposed of, whether temporarily or permanently, without AffiliateCMS.com's prior written authorization. To run instances of the Website, you may only use the AffiliateCMS.com customer area downloads linked to the License.

For the avoidance of dispute, "Your Content" refers to the content that has been posted using the Website installation that you have made. Regarding Your Content, including but not limited to its accuracy or legality, AffiliateCMS.com shall have no liability.

It is completely your responsibility to make sure that Your Content complies with all relevant laws and rules and that You use the Website in a manner that complies with those laws and rules, including but not limited to all applicable Data Protection and Privacy legislation.

You agree to make sure that neither You nor anyone else uses the Website to engage in or promote any of the following: criminal behavior; any action that would violate another person's rights; defamation; harassment; other acts that would be harmful to another person.

The Website may not be used in connection with any other Website for which you do not possess a valid license.

You hereby agree to hold Us harmless from any loss or harm caused by Your violation of this clause.

4. Termination​

The Website's license remains in effect until it is cancelled. By uninstalling the website and destroying any copies of it, you can cancel the license at any time.
If any of the provisions of this Agreement are broken, AffiliateCMS.com retains the right to cancel Your license to use the Website. No reimbursement will be given if We revoke Your License due to a breach of this Agreement.

5. Customer Data​

It is Your obligation to make sure that the contact information you give AffiliateCMS.com is correct, whole, and up to date. You might not be able to access updates and services if you don't do that.

Your customer credentials, which provide you access to the AffiliateCMS.com customer area, must be kept private and secure. Any message sent to AffiliateCMS.com via the customer area will be taken to have come from you or a representative speaking on your behalf.

6. Support​

For the first twelve months of the License ("Initial Period"), which begins as soon as You pay the appropriate license fee, We will offer You support to address any issues ("Support") You have with the Website that prevent it from living up to its description or the available demonstration ("Problem"). Such Support and all Website updates ("Updates") are covered by the Initial Period License Fee. Beyond the Initial Period, access to Support and Updates will require further payments ("Extension Payments").

You can contact Us via the website to report Problems, and We will make a fair effort to address your concerns and offer a solution. To be clear, We do not guarantee that We can resolve problems on an individual basis; instead, solutions may be offered with the subsequent Update.

7. Add-ons and Services​

Before making a purchase, You must make sure that any additional requirements for Add-ons and services associated with a License ("Add-ons") are satisfied.
Only the related License and the Add-on may be used together. When utilizing the Add-on, you may only use the AffiliateCMS.com customer area Add-on downloads linked to the License. The Add-on must be immediately uninstalled and all related files deleted if the Add-on purchase is rendered invalid (for example, through refund, cancellation, etc.).

Add-ons cannot be transferred separately between Your Licenses or to another person. All Add-ons connected to a License will also be transmitted when it is sold to a Subsequent Purchaser.

7.1 Support and Updates for Add-ons​

The linked License must currently have access to Support and Updates in order for the Add-on to have access to those resources. By purchasing Add-ons, the License’s Extension Payment can be altered. The Extension Payment will always take the Add-on into consideration after it has been ordered. You must get in touch with us and cancel the Add-on before completing the Extension Payment if you do not want the Add-on to be extended. In this situation, there won't be a refund granted, therefore if you want access to the Add-on again, you'll have to purchase it again.

7.2 Branding Removal Product​

The Website is provided with a copy that has AffiliateCMS.com copyright notices removed from the public-facing interface through the purchase of the optional Branding Removal add-on package. Without AffiliateCMS.com's prior written authorization, you are not permitted to use Branding Removal to represent the Website as a third-party application or to market a good or service whose component portion is the unbranded Website.

8. Disclaimer of Warranties​

Without any warranties of any kind, including without limitation those of merchantability, fitness for a specific purpose, and non-infringement, the Website is given on a "AS IS" basis.

You understand that the Website was not created to satisfy your particular needs, and it is your obligation to confirm that the features and functions of the Website satisfy your needs before making a purchase. You agree that the existence of mistakes won't result in a violation of this Agreement even though you realize that the Website might have bugs or errors.

You bear full responsibility for the outcomes, quality, and effectiveness of the Website.
Nothing in this section will affect your statutory rights if You are a consumer purchasing the Website.

9. Limitation of Liability​

We will only be liable for the full amount of the purchase price if you suffer losses as a result of or in connection with this Agreement (including any liability for its employees', agents', or subcontractors' acts or omissions). This applies regardless of whether the losses result from contract, tort (including negligence), misrepresentation, or any other cause. Any indirect, incidental, or consequential damages, such as lost revenue or profits, diminished goodwill, lost data, or the like, are expressly excluded from our liability. Nothing in this Agreement limits or disclaims either party's liability for wrongful death or personal injury brought on by negligence, fraud, or deceptive representation.

The full scope of Your obligations and liabilities with regard to the provision of the Website are outlined in this Agreement. Except as expressly specified in this Agreement, You are not subject to any express or implied conditions, warranties, representations, or other obligations that might bind You. To the fullest extent permitted by law, any condition, warranty, representation, or other term relating to the provision of the Website that might otherwise be implied into or incorporated into this Agreement, or any collateral contract, whether by statute, common law, or other means, is hereby excluded.

10. Indemnification​

You undertake to keep AffiliateCMS.com and its officers, directors, agents, and employees blameless from and against any and all demands, claims, damages, or liabilities, including reasonable attorney's fees, resulting from or resulting from Your use of the website or the use of your visitors' by You. After this Agreement expires, this obligation will remain in effect.

11. Exceptions​

The provisions of this License Agreement cannot be modified or waived except with AffiliateCMS.com's written consent.

12. Jurisdiction​

United States Court shall govern and be followed in the construction of this Agreement, its subject matter, and its formation (including non-contractual disputes or claims), and the non-exclusive jurisdiction of the United States Court shall apply. The parties agree that the remaining provisions of this Agreement shall remain legal and enforceable even if an United States Court finds any provision of this Agreement to be unlawful, void, or unenforceable.
 
Status
Not open for further replies.
Top