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LICENSE TERMS AND CONDITIONS
This End User License Agreement (the "Agreement") is a binding
legal agreement between you and Infomedia, Inc. (the
"Author"). By installing or using InstantFormPro (the
"Software"), you agree to be bound by the terms of this
Agreement.
If you do not agree to the Agreement, do not
download, install, or use the Software. Installation or use of
the Software signifies that you have read, understood, and
agreed to be bound by the Agreement. The Author reserves the
right to alter this agreement at any time, for any reason,
without notice.
Usage
This Agreement grants a non-exclusive, non-transferable
license to install and use the Software on unlimited domains
that the buyer owns. The
Author reserves the right to determine whether use of the
Software qualifies under this Agreement. The Author owns all
rights, title and interest to the Software (including all
intellectual property rights) and reserves all rights to the
Software that are not expressly granted in this Agreement.
Backups
You may make copies of the Software in any machine readable
form solely for back-up purposes, provided that you reproduce
the Software in its original form and with all proprietary
notices on the back-up copy. All rights to the Software not
expressly granted herein are reserved by the Author.
Restrictions
You understand and agree that you shall only use the Software
in a manner that complies with any and all applicable laws in
the jurisdictions in which you use the Software. Your use
shall be in accordance with applicable restrictions concerning
privacy and intellectual property rights.
You may not:
* Use the Software to provide services to others; such as the
basis of a hosted form-building service, or any other services
which is a direct competition against The Author;
* Distribute derivative works based on the
Software;
* Reproduce the Software except as described
in this Agreement;
* Sell, assign, license, disclose, distribute,
or otherwise transfer or make available the Software or its
Source Code, in whole or in part, in any form to any third
parties;
* Remove or alter any copyright notices on the
Software;
* Use the Software in any site which endorse
unlawful manner or for any unlawful purpose (such as
Pornography & Adult Content site, Gambling Transactions or
Sports Gambling Prognostication, etc).
Support
To reach customer support services, please contact
Infomedia, Inc. at support.instantformpro.com. A valid
Customer ID is required for support. We generally respond to
e-mails within one business day.
You acknowledge that the Software is inherently complex, that
not all errors will be identifiable or be corrected and that
the time it might take to correct errors may not be
commercially reasonable. The Author provides support on a
"best efforts" basis only and does not represent or warrant
that it will be able to resolve every technical support
request.
THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY,
EITHER EXPRESSED OR IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE
QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE
INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS,
DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR
UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY
RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE
SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. Term,
Termination, and Modification.
You may use the Software under this Agreement until either
party terminates this Agreement as set forth in this
paragraph. Either party may terminate the Agreement at any
time, upon written notice to the other party. Upon
termination, all licenses granted to you will terminate, and
you will immediately uninstall and cease all use of the
Software. The Sections entitled "No Warranty,"
"Indemnification," and "Limitation of Liability" will survive
any termination of this Agreement.
The Author may modify the Software with notice to you either
in email or by publishing content on the Software website,
including but not limited to changing the functionality or
appearance of the Software, and such modification will become
binding on you unless you terminate this Agreement.
The Software source code may be altered (at your own risk).
However, modifying your source code may void the technical
support portion of your support contract
Indemnification.
By accepting the Agreement, you agree to indemnify and
otherwise hold harmless the Author, its officers, employers,
agents, subsidiaries, affiliates and other partners from any
direct, indirect, incidental, special, consequential or
exemplary damages arising out of, relating to, or resulting
from your use of the Software or any other matter relating to
the Software. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE
AUTHORS'S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO
THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT
TWELVE-MONTH PERIOD.
Definitions
Definition of Website
A "Website" is defined as a single domain including
sub-domains that operate as a single entity. What constitutes
a single entity shall be at the sole discretion of the Author.
Definition of Source Code
The "Source Code" is defined as the contents of all HTML, CSS,
JavaScript, and PHP files provided with the Software and
includes all related image files and database schemas.
FURTHER INFORMATION
For further Information about Infomedia, Inc. licensing
policies or products, contact Infomedia, Inc. at:
Web:
http://support.instantformpro.com
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