Software License Agreement
Online Velocity SOFTWARE LICENSE AGREEMENT:
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
All references to “Online Velocity” in this license agreement refer to a collective group containing any or all of the following parties: Online Velocity, Navid Mitchell, and (or) Mitchell Software LLC. If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Online Velocity and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download or install the software.
PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, php, graphic/image, and text files) are owned by Online Velocity Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Online Velocity retains all rights not expressly granted herein.
You may not sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “html”, and “php” files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Online Velocity. Online Velocity reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in php or javascript scripts, this includes any references to Online Velocity, Navid Mitchell, and Mitchell Software LLC.
PLUGIN LICENSE TERMS:
This software does not require payment of any license fee directly. Instead Plugin is set to use the Online Velocity affiliate code 1 out of 5 times using your Associate ID 4 out of 5 times. A paid version is available at http://OnlineVelocity.com. This PLUGIN License is a binding legal agreement between the individual who downloads the software (“you”) and the Licensor.
THIS SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS PLUGIN LICENSE.
Even though a license fee is not paid for use of such PLUGIN, it does not mean that there are not conditions for using such PLUGIN. As a condition for granting you a license to use PLUGIN programs that are available through this site, you agree to all of the following terms and conditions. You are deemed to have read, understand, and have accepted all such terms and conditions upon executing a download of any PLUGIN program.
If you fail to abide by any of the terms and conditions set forth herein, your license to use such PLUGIN shall be immediately and automatically revoked, without any notice or other action by the Copyright Owner.
TERMS AND CONDITIONS
1.You are granted a non-exclusive license to use the Downloaded Software subject to Your compliance with all of the terms and conditions of this PLUGIN License.
2.You may only use the software on a computer that you own, lease or control. You may make one backup copy of the software for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices.
3.You are only granted a license for the machine-readable, object code portion of the software. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
4.You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software.
5.You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
6.Your license to use the software shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.
7.Use within the scope of this license is free of charge other than the implicit tranfer of sales to Online Velocity and no royalty or licensing fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement.
8.This license shall be effective and bind you upon your downloading of the software.
9.You accept the software on an “AS IS†and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.
10.THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, ONSEQUENTIAL OR SPECIAL DAMAGES.
11.This PLUGIN License shall be interpreted under the laws of the State of NM/US. You agree that all controversies pertaining to the software and/or this PLUGIN Agreement shall be brought in the courts of NM/US. You hereby submit to the jurisdictions of such court. However, federal courts located in the state of NM/US shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the State of NM.
12.Licensors failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of Licensors rights hereunder or under any provision of state of federal law.
OPTIONAL DOMAIN LICENSES:
If a “domain” license is purchased, the software is considered licensed only when it resides on the licensed domain, which must be registered with Online Velocity. Each domain license is issued to one (1) website. Each server/hosting account/domain name that contains the software, or any portion thereof, must have it’s own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. This license does not grant any reseller privileges.
DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you “as is” without warranties or conditions of any kind, whether oral or written, express or implied. Online Velocity specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will Online Velocity, or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
RETURN POLICY:
Software (including but not limited to all html, php, mysql, graphic/image, and text files) that is not specifically referred to as “trial software”, or that includes the “source code”, cannot be returned for a refund. Should you experience a problem with any purchased software, Online Velocity offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
SUPPORT SERVICES:
Some software and services purchased from Online Velocity may include limited free support (technical support, re-downloads, and free updates may be limited to 1 year from date of original qualifying purchase). Unless stated otherwise, the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, click on “Contact Us” or Support Forum”.
INSTALLATION:
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Online Velocity does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Online Velocity) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
OPTIONAL INSTALLATION SERVICE:
If you have purchased the optional installation service, Online Velocity will install the software onto your web server. Our technicians will then test the online storefront and web admin. Installation includes basic configuration only, unless stated in writing prior to installation. We will not setup your items, categories, payment gateways, or any other elements. After we determine that the installation was successful, technical support is provided at the current technical support department hourly rate. By accepting our services, you acknowledge that Online Velocity is not responsible for any web hosting monthly fees, setup fees, or any other fees associated with the use or installation of our software or scripts. While we will make every attempt to safeguard data during installation or service, we do not assume responsibility for loss of data. Hard disks and all data on your server should be backed up on a regular basis and should always be backed up before Online Velocity is called for service or installation. We are not responsible for any loss of data.
GENERAL DISCLAIMER:
Online Velocity neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Online Velocity, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
Updated: 3/28/2010