This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (either an individual or a single entity) and Webcore Interactive with regard to the copyrighted software (herein referred to as “Software Product” or “Software”) provided by Webcore Interactive. This Agreement, as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Webcore concerning your use of the Software, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS AGREEMENT AND THE TERMS OF ANY OTHER AGREEMENT, THIS AGREEMENT SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Software shall be subject to this Agreement.
Under this End User License Agreement (“Agreement”), Webcore Interactive ( “Vendor” or “DVD”) grants to the User ( “Licensee”) a non-exclusive and non-transferable limited license (the “License”) to use Webcore Interactive (“Software”).The Licensee is defined as the individual or company utilizing the Software. Vendor hereby grants the Licensee a non-exclusive, non-transferable license authorizing the Licensee to use the Software.The Software is licensed, not sold. Licensee acknowledges that no title to the intellectual property in the Software is transferred. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the Vendor and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. The Software will contain the same proprietary notices as contained in or on the Software. “Use” of Vendor Software constitutes use by the number of Users allowed as determined by the version of Software that was purchased.Use of this Software by more than one individual/entity other than the Licensee terminates, without notification, this license and the right to use this product.Vendor Software includes the Software, any and all source code and any related printed or online documentation, logos, trademarks, individual branding or any other files that may accompany the product.
You may not distribute, rent, lease, sub-license or otherwise make available to others Vendor’s Software or documentation or copies thereof. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement. Licensee may not electronically transfer the program from one server to another over any type of network or media without the express consent of Webcore Interactive. In such an event, use of any and all servers must be for purposes solely related to the domain name associated with Licensee. Transfer of any or all Software files to another server will still be governed by this Agreement. Licensee may not distribute copies of the Software or the accompanying documentation to others either for a fee or without charge. Licensee may not modify or translate the program or documentation. Licensee may not disassemble, modify, de-compile, disassemble, reverse engineer or translate the Software or allow it to be disassembled into its constituent source code through current or future technologies. The Software serial number and User (individual or entity) must be registered with the Vendor for usage in accordance with this agreement. You may not remove any proprietary notices, labels, trademarks, favicons, footers, logos or individual branding associated with the Software or documentation (online or printed). Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software. Vendor will provide you with product database backup files, or the equivalent, for an applicable fee. Access to any backup files are subject to account status.
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of the User license and use of the Software, and violation of the terms of this EULA.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software), the accompanying materials are owned by the Vendor and/or its suppliers. The Software is protected by copyright laws and international treaty provisions. You may not copy any documentationassociated with or containted within the Software. Upgrades If the Software is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a Software program which you licensed as a single product, the Software may be used only as part of that single product license. Vendor is not obligated in any way to provide any upgrades, notification of upgrade releases, or maintenance to the Software at any time unless such services have been purchased. Minor upgrades will not be made available after each major Software upgrade. (An example of “minor upgrades” would be version 4.0.1, 4.0.2, and so on. An example of a “major upgrade” would be version 4.0, 5.0, and so on.) Major upgrades will require purchase of a new user license.
Product support for the Software is provided by the Vendor. For product support, please call the Vendor or reference the Vendor’s web site. Should you have any questions concerningsupport, please contact the Vendor using the information provided in this EULA.Logos and Branding All references to the Vendor and/or its suppliers must be left intact and not altered in any way. No other way. No other information or name may be added to any portion of Webcore Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Vendor is not obligated in any way to provide support for the Software at any time unless such services have been purchased.
All references to the Vendor and/or its suppliers must be left intact and not altered in any way. No other information, logo branding, favicon, or name may be added to any portion of Vendor Software branding. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited.
The Software is provided “AS IS” without warranty of any kind.Buyer acknolwledges that the Software may not be free from defects and may not satisfy all of the Licensee’s needs. The product and any accompanying online documentation are licensed “AS IS”. Vendor, on behalf of itself and its suppliers, disclaims all other warranties, express or implied, including, but not limited to , implied warranties of merchantability and fitness for a particular purpose, for the software and all accompanying written materials. In no event will the Vendor, its suppliers, or anyone else who has been involved in the creation, development, production, or delivery of this Software be liable for direct, indirect, incidental or consequential damage or damages (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) resulting from loss of use, loss of anticipated profits, benefits, use , or data resulting from the use of this Software resulting from any defect in the program, or arising out of any breach of warranty, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.
You may terminate your License and this Agreement at anytime by submitting your intent to do so in writing to the Vendor using the contact information in this EULA. The License and Agreement will also terminate automatically if you fail to comply with any term or condition set forth in this Agreement. Termination of this Agreement constitutes discontinued use of the Software and termination of licensing.
This End User License Agreement shall be governed by the laws of the United States of America and the State of Indiana.
If you agree with the terms of this EULA, do not download, install, copy or use the Vendor Software. By using the Software, you acknowledge that you have read, understand, and agree to be bound by all terms of this EULA and accept its terms and conditions, as well as any additional rules or policies that are or may be published by Webcore from time to time. If you do not agree to the terms of this EULA, the Vendor is unwillingto license the Software to you and you must express your disagreement to the Vendor in writing using the contact information in this EULA. I
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend the Vendor and/or its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.
Each provision of this agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of the agreement. This agreement is binding on all successors and assigns. Vendor agrees and you agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to the Software or this Agreement. You acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the Agreement between you and the Vendor regarding the Software.
In the event that a project is terminated by either Webcore Interactive or the end user (client), any part of the project that is included in a subscription service paid for by Webcore Interactive is non-transferrable.
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