End User License AgreementThis license applies to MagicScripts™ E-store Kit-1 software package. |
Software License |
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS PACKAGE. THE
INDIVIDUAL OR ENTITY INSTALLING THIS PACKAGE (THE "END USER") AGREES TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, CANCEL THIS INSTALL AND DO NOT USE THE SOFTWARE, DESTROY ALL COPIES
IN YOUR POSSESSION. The enclosed web application and the accompanying documentation are provided to the
End-User by MagicScripts™ ("Licensor") for use only under the
following terms. Licensor reserves any right not expressly granted to the
End-User. The End-User owns the copy of
"E-store Kit-1" package (Software),
but MagicScripts™ (Licensor) retains ownership of the
"E-store Kit-1" (Software) itself. The
End-User assumes sole responsibility for the installation, use and results
obtained from use of the Software |
1. License |
This License Agreement permits you to install
the accompanying version of E-store Kit-1 package (the "Software") for use on one of your
web sites (one domain only). The Software
is in "use" on a web site when it is accessible to users on a network or
on the World Wide Web. The End-user may use the software in
accordance with its stated purpose to assist in the development of web
sites for personal or commercial use, with a license fee required per
single web site (one domain only).
For each License purchased, the End User may
publish a single Web Application at no additional charge. For each
additional Web Application published, a License Fee shall be due as set
forth in this Agreement. "Publish" means to make the Web Application
accessible to users on a network or on the World Wide Web.
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2. No Other Warranties |
EXCEPT AS PROVIDED ABOVE, THE LICENSED
SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MagicScripts™ AND ITS
SUPPLIERS DISCLAIM ALL SUCH IMPLIED WARRANTIES AND ALL OTHER WARRANTIES. |
3. Restrictions |
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4. No Other Liability |
THE LICENSOR'S SOLE OBLIGATION OR LIABILITY
UNDER THIS LICENSE AGREEMENT IS SET FORTH IN THE LIMITED WARRANTY ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MagicScripts™ OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, DIRECT 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 THE LICENSED SOFTWARE, OR FOR ANY CLAIM OF ANY THIRD PARTY.
IN ANY CASE, THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
LICENSE AGREEMENT SHALL BE LIMITED TO THE ORIGINAL COST OF THE SOFTWARE. |
5. Special Provisions |
This License Agreement shall be governed by
and interpreted under the laws of the Province of Ontario, Canada, without regard to conflicts of law provisions. By accepting
this License Agreement, you agree to be subject to jurisdiction in
Canada, and to commence any action arising under or relating to this
License Agreement in the appropriate State or Provincial Court in
Canada. |
6. Acknowledgment |
BY CONTINUING WITH THE INSTALLATION OF THE
LICENSED SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS
LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER
AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND MagicScripts™, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF
THIS LICENSE AGREEMENT. |
Copyright © 2003 MagicScripts™. All rights reserved. |