ASP-DEv XM End User Agreement
You Can:
Use the events calendar on your
servers.
Modify the code for your use
You Must Not:
Remove the footer information (powered
by.......) unless you purchase the Commercial Version.
Redisbute the code in any way.
Use the events calendar on a clustered servers unless you
purchase the Commercial Version.
You have been supplied with a product containing software by
ASP-DEv (the "Licensed Software") by either ASP-DEv or one of its
selected partners ("Supplier"). Any supplemental software code,
updates and supporting material produced by ASP-DEv and provided to
you as part of the support services by your Supplier shall be
considered part of the Licensed Software and subject to the terms
of this Licence.
CAREFULLY READ THIS LICENCE BEFORE USING THE
PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT
INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENCE AND
AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, RETURN THE
COMPLETE PRODUCT TO THE SUPPLIER WITHIN 10 DAYS OF THE DATE YOU
ACQUIRED IT FOR A FULL REFUND.
Licence
(1) ASP-DEv grants you a non-exclusive and
non-transferable licence to use the Licensed Software subject to
and solely in accordance with the terms and conditions contained in
this Licence. In consideration of the grant of this Licence, you
shall pay to your Supplier the agreed licence fee.
(2) Save to the extent that the Licensed
Software has been delivered and installed prior to the date on
which you commence using the Licensed Software, ASP-DEv or your
Supplier shall deliver to you on the specified date a copy of the
Licensed Software in executable code form and, at your request,
install the copy of the Licensed Software at a specified
location.
You may:
Use the events calendar on your
servers.
Modify the code for your use
- make one copy of the Licensed
Software for archive or backup purposes and maintain a copy of the
Licensed Software for archival purposes on a storage device, such
as a server or single computer. All copies and the media on which
they are stored shall be the property of ASP-DEv and you shall
ensure that all such copies bear the same proprietary notices as
the original. The provisions of this Agreement shall apply to all
such copies as they apply to the originals;
- transfer the Licensed Software to a
third party only if you assign all of your rights under this
Licence, which rights include all upgrades and upgrade licenses,
upon which you must cease all use of the Licensed Software and
rights conveyed, erase or destroy any copy made in support of the
Licensed Software, and ensure that the person to whom you wish to
transfer the Licensed Software agrees to the terms of this
Licence.
The Licensed Software and all intellectual
property rights relating to it are and shall remain the property of
ASP-DEv.
You may not:
Remove the footer information (powered
by.......) unless you purchase the Commercial Version.
Redisbute the code in any way.
Use the events calendar on a clustered servers unless you
purchase the Commercial Version.
- use the Licensed Software to support
or update sites that contain any content which is defamatory,
inaccurate, abusive, obscene, infringing, threatening, or which
violates any national, state, or local law. The following types of
content are inconsistent with ASP-DEv's corporate policies: (i)
pornography or links to any pornographic materials; (ii) content
that focuses on tobacco, or firearms; (iii) pirated software or
other content that violate third party intellectual property
rights; (iv) links to sites that violate third party ownership
rights; (v) hacking, or other methods that violate the rights of
computer users; (vi) subject matter advocating illegal activity or
content that is collected or distributed illegally; (vii) any
content which ASP-DEv determines to be inconsistent with its
corporate policies. You acknowledge that if you breach the terms of
the above restriction, your Supplier may issue you a written notice
requiring the breach to be remedied. If you do not remedy the
breach within 30 days of such notice, then your Supplier shall be
entitled at its sole discretion to terminate this contract
immediately.
Maintenance
For the avoidance of doubt, corrective
maintenance shall include, where appropriate, the replacement of
such parts of the Software as may be necessary in order to restore
the Licensed Software to its proper operating condition, but shall
not include:
- recovery or reconstruction of any
data or programs lost or spoiled as a result of any breakdown of or
fault in the Licensed Software;
- faults or errors in the Licensed
Software resulting from improper modifications to the Software made
by any person other than your Supplier;
- failure by you to use the Licensed
Software in accordance with the documentation supplied.
You acknowledge that if you commit any material breach of this
Licence, your Supplier shall be entitled at its sole discretion to
terminate this contract immediately. You agree, upon termination,
to destroy all copies of the Licensed Software.
ASP-DEv AND YOUR SUPPLIER DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION TO THE MAXIMUM EXTENT POSSIBLE THE
IMPLIED WARRANTIES OF TITLE, SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE. Use of any information obtained via the
Licensed Software is at your own risk. ASP-DEv and your supplier
specifically deny any responsibility for the accuracy or quality of
information obtained through the Licensed Software.
IN NO EVENT SHALL ASP-DEv OR YOUR SUPPLIER BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR
INTERRUPTED COMMUNICATIONS, LOST DATA, REVENUE OR PROFITS, OTHER
ECONOMIC LOSS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR THEY ARE FORESEEABLE) ARISING OUT OF OR IN
CONNECTION WITH THE LICENSED SOFTWARE. THE MAXIMUM LIABILITY OF
ASP-DEv AND YOUR SUPPLIER SHALL NOT EXCEED THE AMOUNT PAID BY YOU
FOR THE LICENSED SOFTWARE.