This License Agreement (“LA”) is a legal agreement between you (an individual or a legal entity) and eStream, ET (“ASPnetDating”).
ASPnetDating software packages include set of scripts, and may include associated media, printed materials, and "online" or electronic documentation, such as administration and installation manual and layout customization guidelines.
By purchasing, installing,
copying, downloading, accessing or otherwise using ANY of the ASPnetDating
software packages, you agree to be bound by the terms of this License
Agreement.
“Software Product” License.
All and any of ASPnetDating software packages are called “Software Product”
here. The “Software Product” is protected by copyright laws of Bulgaria and International copyright treaties, trademark laws, and other intellectual
property laws and treaties. ASPnetDating retains copyright to the “Software
Product”. The “Software Product” is licensed, not sold.
1. This LA grants you the following rights:
(a) Software Installation and Use.
ASPnetDating hereby grants you a single, non-exclusive, non-transferable
license to use one copy of the “Software Product” in accordance with the terms
and conditions of the LA. Any rights not expressly granted are reserved. This
license authorizes you to install and use a single copy of the “Software
Product” on a single domain name or IP address. If you install additional
copies, even if such additional copies are located on the same domain and/or
the same IP, such usage is prohibited unless additional licenses are purchased.
(b) Source Code Usage
This license prohibits selling, licensing, giving away, or otherwise
distributing the source code for any of the scripts contained in “Software Product”,
either in full or any subpart thereof or any how modified. Nor may you use this
source code, in full or any subpart thereof, as part of another program that
you either sell, license, give away, or otherwise distribute via any method.
You may modify the source code to customize the "look and feel" and
functionality of the “Software Product” for your personal usage on the licensed
installation only.
(a) Termination.
This LA shall continue in full force and effect in perpetuity unless terminated
earlier in accordance with this or another section of this LA. This LA will
terminate automatically if you breach any provision of it. In such event, you
must destroy all copies of the “Software Product”, and all of its component
parts and cease all further use of it. You agree that ASPnetDating has the
right to use any and all means necessary to enforce its rights if you are in
material breach of this agreement, including but not limited to the right to
repossess the software electronically by disabling it remotely over the
Internet, and that termination will not entitle you to a refund of the purchase
price or any other amounts paid under any circumstances whatsoever. Termination
will have no effect on your obligation to safeguard and protect proprietary
rights of ASPnetDating, disclaimers and warranties, the Copyright Infringement
section, or the Refund Policy.
(b) Copyright Notice.
Under all circumstances, you are prohibited from removing any of the
copyright notices from the software, whether contained in the program code or
within the HTML pages that the program generates. You are specifically
prohibited from altering or removing any of the copyright notices contained
within the HTML pages generated by the program. Removal or alteration of said
copyright notices by User shall constitute a material breach of this LA. You
agree that if you remove copyright notice in violation of this section,
ASPnetDating shall have the option of assessing a monetary penalty against you
for such violation in lieu of terminating your license to use the “Software
Product”. Exercise of this option by “Software Product” shall in no way
authorize you to continue such violation or limit the right of “Software
Product” to terminate your license for subsequent violations. However, you are
allowed to remove visible copyright references such as links to ASPnetDating.
(c) Nondisclosure Agreement.
As additional consideration for the license granted to you under this LA you
specifically agree not to disclose or divulge any information whatsoever about
the “Software Product” or the related business practices of ASPnetDating,
which constitute proprietary and confidential nature of the “Software Product”
and the valuable trade secrets of “Software Product” contained therein by any
means such as posting or printing any reviews, ratings, comments, articles on
or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters,
newspapers, magazines, or any other media of any kind, whether printed,
electronic, or other formats either now known or hereafter developed, or to
cause or direct any other individual, company, organization, or other entity to
undertake the activities outlined above, without the prior express written
consent of ASPnetDating, if such reviews or comments are intended to slander
ASPnetDating or to harm its reputation for failure to accede to demands or
requests by you that are outside the scope of the legal rights and obligations
of the parties under this license agreement. You further stipulate that in the
event that you (or any other individual, company, organization, or other entity
that you cause or direct to engage in the activities outlined above) post any
such reviews, ratings, comments, articles, or other information about the
“Software Product” or the related business practices of ASPnetDating constitute
proprietary and confidential nature of the “Software Product” and the valuable
trade secrets of “Software Product” contained therein with intend to slander ASPnetDating
or to harm its reputation for failure to accede to demands or requests by you
that are outside the scope of the legal rights and obligations of the parties
under this license agreement, you shall be finically liable to ASPnetDating in
case your participation is proven by court of competent jurisdiction. The
parties understand financial liability is intended to compensate ASPnetDating
for its damages and thus constitute a remedy and not a penalty. In the event
that you violate this section, you hereby agree to waive all rights to any
judicial appeal of this section and this determination, and you hereby
stipulate that a court of competent jurisdiction shall enter judgment against
you in the relevant amounts. You further acknowledge and agree that this
section shall in no way infringe upon the rights of ASPnetDating to pursue
other legal remedies against you or to collect other damages for additional
causes of action, including but not limited to libel, defamation, tortuous
interference with business, fraud, theft, copyright infringement, trademark
infringement, or other legal causes of action, and that this section shall be
applicable and enforceable regardless of whether ASPnetDating pursues any other
such legal remedies, and regardless of the outcome of any such actions.
(d) Enforcement Costs.
In the event that your breach of any provision of this LA is proved by a court
of competent jurisdiction, you agree that you shall reimburse ASPnetDating for
all expenses related to the enforcement by ASPnetDating of its legal rights
under this agreement, including but not limited to its attorneys' fees, court
costs, administrative fees, and all other relevant costs, fees, and expenses
incurred by ASPnetDating that are associated with enforcing its legal rights under
this Agreement.
(e) Third Parties.
Any third party or subsequent entity that purchases, installs, copies,
downloads, accesses or otherwise uses the “Software Product”, as well as any
third party or subsequent entity that views, copies, creates derivative works
from, appropriates, or otherwise alters all or any part of the source code,
whether on not such actions were performed legally and in accordance with the
terms of this LA, shall be bound by the terms of this LA, as amended from time
to time by ASPnetDating and posted online by ASPnetDating at its web sites.
Performing any of the actions enumerated above shall constitute constructive
agreement to be bound by the terms of this LA.
(f) Copyright Infringement.
For the purposes of this LA, copyright infringement includes the acts of
selling, licensing, giving away, or otherwise distributing all or any part of
the source code contained in this “Software Product”, or using all or any part
of the source code to create derivative works. Copyright infringement for
purposes of this LA shall also include using all or any part of the source code
of the “Software Product” as part of another program that you or any subsequent
party either sells, licenses, gives away, or otherwise distributes via any
method. Copyright infringement under this LA shall also include the act of
appropriating any of the concepts, techniques, programming methods, or
algorithms contained in the source code for the “Software Product” if the
infringing party viewed or otherwise had access to the source code in any way,
even if the source code of the infringing product has been modified or
obfuscated so as to appear different from the source code of the “Software
Product”. Access to the source code of the “Software Product” by the infringing
party shall constitute proof of copyright infringement under this LA if any of
the other conditions above have been satisfied.
(g) Amendments.
You agree that, in order to maintain your ongoing license to use the “Software
Product”, ASPnetDating shall have the right to post reasonable amendments to
this LA online from time to time at its web sites, and that you shall be bound
by such amendments. Such amendments must be designed to protect the
intellectual property rights of ASPnetDating in the “Software Product” and may
not impose additional or ongoing fees for using the “Software Product” other
than those that you agreed to or that were in effect at the time that you
licensed the “Software Product”. You agree that it shall be your responsibility
to monitor the license agreement posted online and ensure ongoing compliance
with its terms. If you disagree with any amendments posted under this section,
your sole recourse shall be to terminate this license and your usage of the
“Software Product”.
(h) Indemnity.
You agree to indemnify ASPnetDating and to hold it harmless against all losses
sustained by any third parties as a result of the terms of this LA, including
but not limited to the right of ASPnetDating to terminate this license under
the provisions of section 2(d) above. You agree that you, and not ASPnetDating,
shall be responsible for reimbursing all third parties against any such losses.
Such third parties may include your web hosting company, your ISP, your
customers, your business partners, or any other party that is harmed in any way
during the course of ASPnetDating' enforcement of its rights under this LA.
(i) Marketing.
Unless you submit to ASPnetDating a signed and written request that your
company and/or your web site not be used for marketing purposes, you hereby
grant to ASPnetDating the right to mention your company and/or your web site as
a customer site in its marketing materials, such as on ASPnetDating web sites,
in product brochures, or in other media. Such usage may include listing your
web site, linking to your web site, and/or displaying your company's logo as
part of such listings or links.
If the “Software Product” is
an upgrade of a component of a package of software programs that you were
granted a license for as a single product, the “Software Product” may be used
and transferred only as part of that single product package and may not be
separated for use on more than one computer, web server, or web site. You may
use a single copy of the complete, upgraded “Software Product” on a single
domain name or IP. You may not continue to use the original “Software Product”
if you accept and use the upgraded “Software Product”.
ASPnetDating provides upgrades for the “Software Product”. ASPnetDating
determines time frame of ‘Software Product’ upgrades provision and in
accordance with delivery terms. You may choose to upgrade ‘Software Product’ or
not to. ASPnetDating provides upgrades to licensed ‘Software Product’ copy only
and technically compatible with default ‘Software Product’ copy. Upgrades may
not be technically compatible with modified copy of ‘Software Product”. New
version of ‘Software Product’ is provided for licensed ‘Software Product” copy
only and may be technically incompatible with older version. ASPnetDating
provides upgrades both within version or next version for the “Software
Product” for free. However upgrade installation if requested may apply services
fees.
(a) Ownership.
Except as noted below, all title and intellectual property rights in and to the
“Software Product” (including but not limited to any source code, images,
photographs, animations, and text incorporated into the “Software Product”),
the accompanying printed materials, and any copies of the “Software Product”,
are owned by ASPnetDating. You may not copy the printed materials accompanying
the “Software Product”. Any customization, translation, modification, or
revision of the source code of the “Software Product” does not contain right to
selling, licensing, giving away, or otherwise distributing such source code
either in full or any subpart thereof. The creation of derivative works based
on or through the use of the source code of the “Software Product” is
prohibited. All title and intellectual property rights in and to the content
which may be accessed through use of the “Software Product” is the property of
the respective content owner. This LA grants you no rights to use such content.
All rights not expressly granted under this LA are reserved by ASPnetDating.
(b) Your Responsibilities.
You agree to use due diligence to safeguard and protect the “Software Product”
and all source code as the valuable trade secret and exclusive property of
ASPnetDating. You will at all times use due diligence to safeguard and protect
all such confidential and proprietary information pertaining to the “Software
Product”. You will ensure that all marks, notices or legends pertaining to the
origin, identity or ownership of the “Software Product” remain intact and
clearly legible. You specifically agree to indemnify ASPnetDating for all
losses that it may incur due to the theft of all or any part of the source code
of the “Software Product” while in your possession.
5. PRODUCT SUPPORT.
ASPnetDating provides support and technical assistance for all licensed copies of the ‘Software Product’. ASPnetDating reserves the right to determine time frame and amount of assistance provided. Abnormal support issues may incur additional service fees.
(a) Price.
You agree to pay ASPnetDating the applicable license fee determined by
reference to ASPnetDating' published prices at the time the “Software Product”
was ordered. Payment of the license fee entitles you to use the licensed
program in accordance with this LA during the stated term. If the license fee
is based on usage, then you will maintain any necessary usage records for
calculating fees according to the documentation.
(b) Payment.
Unless otherwise stated on ASPnetDating' invoice, the applicable fees are
payable by you at full amount upfront. “Software Product” will be delivered to
you as download link, e-mail attachments or via other Internet means after your
payment is approved by payment processing company.
7. CONFLICT OF LAW PROVISIONS
This License Agreement is
governed by the laws of Bulgaria. As additional consideration for the license
granted to you in this LA, you agree that all disputes regarding this contract
shall be governed solely and exclusively by the laws of Bulgaria, and that the
agreement shall be deemed to have been made in Bulgaria. You further agree that
any action relating to the terms and provisions of this LA shall be commenced
in Bulgaria in any court of competent jurisdiction. In addition, by licensing
the “Software Product” under this LA, you represent and warrant that you are
legally authorized to and hereby do waive all claims to legal rights or
protections under the laws of your state or country of domicile, or the laws of
any other state or country other than Bulgaria, including but not limited to
any applicable "consumer protection" laws, and to subject yourself
under this LA to the laws of Bulgaria. Since this representation on your part
is an essential element of the consideration necessary for ASPnetDating to
license the “Software Product” to you, should this representation prove to be
incorrect, you hereby agree to reimburse ASPnetDating for all losses incurred
by ASPnetDating as a result of this misrepresentation and for all expenses
related to the enforcement by ASPnetDating of its legal rights under this
agreement, including but not limited to its attorneys' fees, court costs,
administrative fees, and all other costs, fees, and expenses incurred by
ASPnetDating that are associated with enforcing its legal rights under this
Agreement.
This representation on your part, and the contractual provisions governing your
breach of this representation, are basic contract provisions that are valid and
enforceable under international treaties governing the law of contracts, as
well as other laws and treaties.
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS"
AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ASPnetDating does not warrant that the
functions of the “Software Product” will meet your requirements or that
operation of the “Software Product” will be uninterrupted or error free. You
assume all responsibility for selecting the “Software Product” to achieve your
intended results, and for the use and results obtained from the “Software
Product”. ASPnetDating is not responsible if the “Software Product” does not
operate on your server or computer. Should the Program prove defective, you and
not ASPnetDating assume the entire risk of using the program and the entire
cost of any service and repair. Failure to install the program is not a valid
reason for requesting a refund of the purchase price. This disclaimer of
warranty constitutes an essential part of this agreement.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent
permitted by applicable law, in no event shall ASPnetDating be liable for any
damages whatsoever (including without limitation, special, incidental, consequential,
or indirect damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use this product, even if
ASPnetDating has been advised of the possibility of such damages. In any case,
ASPnetDating' entire liability under any provision of this agreement shall be
limited to the amount actually paid by you for the “Software Product”.
REFUND POLICY
THE ‘Software Product’ AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS
IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BY PURCHASING OR USING THE SOFTWARE PRODUCT,
YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY
REASON WHATSOEVER, INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET
CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT
DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE
SOURCE CODE IMPLEMENTED BY THE USER THAT ALTER THE FUNCTIONALITY OF THE
“Software Product” OR THAT ARE NOT IN ACCORDANCE WITH THE DOCUMENTATION
ACCOMPANYING THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF ASPnetDating FOR
CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER REASON.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE
EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE “Software Product” WILL RUN ON
YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS.
‘Software Product’ IS
CONSIDERED AS ‘delivered’ ONLY AFTER YOUR PAYMENT IS APPROVED BY PAYMENT
PROCESSING COMPANY AND ‘Software Product’ IS DELIVERED TO YOU AS DOWNLOAD LINK,
EMAIL ATTACHMENT OR OTHER INTERNET MEANS. ONCE PRODUCT IS ‘delivered’ YOU MAY
NOT CLAIM ANY REFUND. IN CASE YOU CANCEL YOUR ORDER PRIOR TO DELIVERY YOU MAY
CLAIM REFUND, HOWEVER PROCESSING FEES MAY APPLY.
This document constitutes the entire and exclusive agreement between the
parties with respect to the subject matter hereof and supersedes all other
communications, whether written or oral. Any provision found by a tribunal of
competent jurisdiction to be illegal or unenforceable shall be automatically
conformed to the minimum requirements of law and all other provisions shall
remain in full force and effect. Waiver of any provision hereof in one instance
shall not preclude enforcement of it on future occasions. Headings are for
reference purposes only and have no substantive effect.