Software License Agreement
Please read the following terms and conditions before using ScriptCalendar software
TERMS AND CONDITIONS
This is the legal agreement between you ("Licensee") and ScriptCalendar.
ScriptCalendar makes this software product (the "Software"),
including all information, documents and source code, available for your use
subject to the terms and conditions set forth in this document and any changes
to this document that ScriptCalendar may publish from time to time (collectively, the
"Terms and Conditions").
By installing, distributing or otherwise using the software products
you agree to be bound by all the terms of this license agreement.
a) The Software, as well as the related copyrights and intellectual
property rights, are the exclusive property of ScriptCalendar. Licensee acquires no
title, right or interest in the Software other than the license rights granted
b) Licensee shall be responsible for their conservation on the copies received
hereunder and for their reproduction on any backup copy of the Software or on
any portion of the same merged into other programs. Nobody shall remove from the
Software any trademark, tradename, copyright notice or other notice.
c) Any source code included with the Software, unless otherwise
specified, is copyrighted by ScriptCalendar and should NOT be considered public domain.
Nobody shall modify the source code without written permission from ScriptCalendar,
except for the event files, the Special Event function, the stylesheet, and any XML event
data files that are declared to be configurable.
GRANT OF LICENSE
The ScriptCalendar grants you a nonexclusive, nontransferable license
to use the Software according to the terms and conditions herein. There are 3
types of licenses:
- Demo License entitles Licensee to install the
Demo version of the Software for use with any website, including
intranet. Modification of the software is strictly NOT allowed.
- Domain License entitles Licensee to install the Software
for use with a web host with the registered single domain name.
- Enterprise License entitles Licensee to install the Software
for use with any website developed by Licensee and/or to merge the Software
into any retail product developed by Licensee provided that such product is
NOT marketed/sold as a clone of the Software. The source code will be released
with an enterprise license and the Licensee shall be free to modify the code.
Any portion of the Software
merged into another product will continue to be subject to the terms and conditions
Demo License is automatically granted, free of charge, to anyone
who downloads the software. Other types of Licenses can be purchased
online and have to be registered prior to use. Using the Software without valid
license and/or proper registration is illegal and will incur monetary penalties.
DISCLAIMER OF WARRANTIES
THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY
SCRIPTCALENDAR, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE,
INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SCRIPTCALENDAR DOES NOT WARRANT
THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS
OF THE SOFTWARE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS
ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING
THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
ScriptCalendar's cumulative liability to you or any other party for
any loss or damages resulting from any claims, demands, or actions arising out
of or relating to this Agreement shall not exceed the license fee paid to ScriptCalendar
for use of the Software. In no event shall ScriptCalendar be liable for any indirect,
incidental, consequential, special, or exemplary damages or loss profits, even
if ScriptCalendar has been advised of the possibility of such damages.
Your sole remedy and ScriptCalendar's entire liability will be at ScriptCalendar's discretion,
either repair or replacement of the Software, or return of the license fee ScriptCalendar
received. Such remedy requests must be made within 30 days of purchase. You
will need to return the original copies of the Software and the accompanying
items (including all written materials, if any) along with proof of purchase
and any backup copies. If the Agreement is violated in any manner, the license
may be revoked at the discretion of ScriptCalendar, at any time. There are no refunds
given for revoked licenses.
If you must ship the Software to ScriptCalendar, you must prepay shipping and either insure
the Software or assume all risk of loss or damage in transit.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
SCRIPTCALENDAR WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT
FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER
BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE,
EVEN IF SCRIPTCALENDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION
CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE
REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS
OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
You acknowledge that, in providing you with the Software, ScriptCalendar
has relied upon your agreement to be bound by the terms of this Agreement. You
further acknowledge that you have read, understood, and agreed to be bound by
the terms of this Agreement, and hereby reaffirm your acceptance of those terms.
You further acknowledge that this Agreement constitutes the complete statement
of the agreement between you and ScriptCalendar, and that the Agreement does not include
any other prior or contemporaneous promises, representations, or descriptions
regarding the Software. This Agreement is not, however to limit any rights that
ScriptCalendar may have under trade secret, copyright, patent, or other laws that may
be available to it. If any provision of this Agreement is invalid or unenforceable
under applicable law, it is to that extent, deemed omitted and the remaining
provisions will continue in full force and effect.