» version 2.0 - posted on 2003-11-27
EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR ALL CODELOCK SOFTWARE IMPORTANT- PLEASE READ CAREFULLY (Or Print and read) This End-User License Agreement ("EULA") is a legal agreement between you THE CUSTOMER (either an individual or a single entity) and Website Creations Ltd for the SOFTWARE PRODUCT (Codelock) accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to use a copy of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants THE CUSTOMER the following rights: (a) Software Installation and Use. You may install and use the SOFTWARE for one machine only (on 1 URL or IP address) for use by 1 person (or business entity). Your encrypted script(s) can be distributed to any person(s) without limitation (unless specified by you). There are no limitations on the number of scripts you can encrypt. There are no time limitations. The SOFTWARE will NOT expire. (b) Copying - You may make one backup copy for your own personal use but you must not distribute the SOFTWARE in any shape or form. (c) Use of SOFTWARE PRODUCT Online - You may use the SOFTWARE online for your own use only. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS (a) Limitations on Reverse Engineering, Decompilation, Disassembly and Changing source code. You may not reverse engineer, decompile, disassemble, modify, decrypt, copy, extract or change any of the source code of the SOFTWARE PRODUCT. (b) Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. (c) Software Product Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. (d) Loss or Damage - Pertaining to any code(s) or script(s) belonging to the THE CUSTOMER or client(s)/customer(s) belonging to THE CUSTOMER is the sole responsibility of THE CUSTOMER. Website Creations LTD will not be held responsible for any loss or damage caused by (but not limited to) Reverse Engineering, Decompilation, Disassembly and Changing of source code belonging to you (THE CUSTOMER) or any END USER(s) or customer(s) belonging to you (THE CUSTOMER). Whether related to the SOFTWARE PRODUCT directly or indirectly. (e) Duration - This Agreement is effective from the date THE CUSTOMER receives the Software and shall remain in force for the duration specified in the Order Form or until terminated. (f) Termination. Without prejudice to any other rights, Website Creations LTD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, Website Creations LTD will terminate technical support and upgrades and can take legal action if necessary. THE CUSTOMER may also terminate this Agreement at any time by destroying all copies of the Software and providing notice thereof to Website Creations Ltd. This Agreement will terminate immediately upon notice from Website Creations LTD, if THE CUSTOMER fails to comply materially with this Agreement. Upon termination, THE CUSTOMER shall destroy all copies of the Software and will provide Website Creations LTD with a written statement certifying thereto. 3. COPYRIGHT (a) All title and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Website Creations Ltd. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. (b) THE CUSTOMER agrees to reproduce and include any copyright or other proprietary notices included in the Software on all copies, in whole or in part, in any form of THE SOFTWARE. Customer acknowledges that ownership of the Software, including all intellectual property rights therein and all modifications thereof, is and shall remain in Website Creations LTD and its suppliers and licensors. Customer acquires only the rights to use the Software expressly granted herein and does not hereby acquire any other rights of ownership in the Software. 4. WARRANTY AND DISCLAIMERS Website Creations LTD MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE OR ANY SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Further, Website Creations LTD does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Software. Website Creations LTD NOR ANY OF ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE HEREUNDER FOR ANY LOSS OF PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF Website Creations Ltd OR SUCH SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF Website Creations Ltd AND ITS SUPPLIERS AND LICENSORS FOR ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE BY Website Creations Ltd OR SUCH SUPPLIER OR LICENSOR PURSUANT TO, OR IN ANY WAY RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC COMPONENT OF THE SOFTWARE GIVING RISE TO LIABILITY.