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License Agreement

License Agreement

Quick Summary of important license terms:

  • This add-on may only be used on one (1) XenForo installation and it may not be resold, redistributed, or copied in whole or in part. For multiple websites you will need to purchase and/or license additional copies.
  • Refunds are not available due to add-ons being considered "Digital Goods" and therefore there is no physical item that can be returned.
  • Our add-ons are only guaranteed to work on a non modified installation of XenForo without any installed add-ons. However, should a conflict arise between our add-ons and that of another developer, we shall attempt to provide a solution provided the other add-on is a free version that is publicly available. Conflict with paid add-ons will require the cooperation of that particular developer or him allowing you to forward a copy of the add-on for strictly debugging purposes to us.
  • Upgrading the add-on means that you still own only one copy to be used on a single forum. For multiple websites you will need to purchase additional copies.
  • Using pirated ('nulled') XenForo add-ons, and/or activity requesting or sharing such add-ons on warez sites will revoke this license and you will receive no further updates.
  • A valid XenForo license is required for the purchase and continued use of this add-on. Expired licenses are fine as long as they are still valid.
  • Tampering with the copyright and/or branding notice in any way will revoke your license immediately unless you have purchased branding removal.
  • The license check feature of all our add-ons needs to be active and accessible at all times. Deactivating or making it inaccessible revokes your license immediately.

Preamble:

This software license agreement ("agreement") is a legal agreement between you
(either an individual or an entity, "you" or "your") and WebMachine
Technologies, Inc. ( "we", "our", "us" or "Webmachine") for the use of our
software (“software”) and any services that may be provided. Webmachine
Technologies reserves the right to modify the terms of this agreement at any
time.

By purchasing or acquiring and downloading the software (or authorizing any
other person to do so) you warrant that you are capable of entering into a
binding legal agreement, have read this agreement before purchasing or
downloading your software and that you will not pass on or share this software
to anyone before you decide about the acception of this agreement. You also
warrant that you will immediatelly destroy all copies of the software if you do
not accept this agreement. By downloading or installing the software you
warrant that you have read and understand this agreement and that you accept
the terms and conditions of it. You acknowledge that this agreement constitutes
the complete statement of the agreement between you and Webmachine.

1. Grant and Scope of License

Subject to the terms and conditions of this agreement for the software,
Webmachine grants you a limited, non-exclusive, worldwide license to install,
download and use a single instance of the software ("license") through a single
installation. Each license may run one instance of the software, accessible via
one URL. Any attempt to circumvent this limitation is prohibited and will
result in the license being revoked.

Before downloading and installing the software, you must register the address
(URL) at which you will use the license as well as your name, email address and
residential address. This information must be kept up-to-date. You may create a
single additional test installation for the purpose of testing the software.
Any test installation of this kind must be password protected, and access to it
must be limited to you and your website staff.

2. Rights

The software is licensed to you for use only under the terms and conditions of
the license. You acknowledge that all intellectual property rights, copyrights
and trademarks in the software belong to WebMachine, that rights in the
software are licensed (not sold) to you, and that you have no rights in, or
to, the software other than the right to use them in accordance with the terms
of this agreement.

All copies of the software must contain the same proprietary notices that
appear on and in the software, including all copyright notices embedded in the
software, which must remain unaltered from the original and visible at all
times, unless by specific prior and written arrangement with us. Tampering with
the copyright and/or branding notices will revoke your license immediatelly and
you have to uninstall it.

3. Restrictions

This license is granted to you alone. You may not redistribute the software in
whole or in part. You may not rent, lease, sub-license, sell, assign, pledge,
transfer or otherwise dispose of the software in any form, on a temporary or
permanent basis, whole or in part, without the prior written consent of
WebMachine. Our software is digitally fingerprinted. You are solely
responsible for any losses we may receive if the software licensed to you will
be distributed or used against the terms of this agreement.

You are also solely responsible that your use of the software complies with
all applicable legislation and regulations, including but not limited to all
applicable data protection and privacy legislation. You undertake to ensure
that the software is not used by you or others to engage in illegal activity.
You may not use the software to engage in any activity that would violate the
rights of third parties. You hereby agree to indemnify us from any loss or
damage arising from your breach of these provisions.

All our add-ons include a license check url. This url has to be active and
accessible all time after you've installed the add-on at your licensed domain.
Any attempt to circumvent this limitation is prohibited and will result in the
license being revoked.

4. Duration and Termination

The license for the software is effective starting from the day you accept this
license by buying or downloading and installing it until terminated. You may
terminate the license at any time by uninstalling the software and destroying
all copies of the software.

WebMachine reserves the right to revoke your license to use the software should
any of the terms of this agreement be violated or for other important reasons.
If this happens you have to uninstall and destroy your copy of the software
immediatelly.

5. Customer Data

It is your responsibility to ensure that you provide us with accurate,
complete and current contact information. A failure to do so may result in
your inability to access updates and services.

You must maintain the confidentiality and security of your customer
credentials that allow you to access our customer area. Any communication
received by us through the customer area shall be assumed to have originated
from you or an agent acting on your behalf.

6. Support and Updates

For the initial period of the License (“Initial Period”), which shall commence
upon payment by you of the applicable license fee or the download of the
software, we shall provide you with support to respond to any problems
(“Support”) you are experiencing with the software which result in it not
complying with its description or the demonstration, as made available on our
or an official distributors website (“Problem”) or via email. Such support and
all software updates ("Updates") are included in the license fee for the
Initial Period. Additional payments ("Extension Payments") may be required to
extend access to support and updates beyond the Initial Period.

After we have received your order and payment (if applicable), you will receive
an download link for the software which will allow you to download the most
recent version of our software until your support period expires.

You may notify us of Problems via email and we will use our reasonable
endeavours to respond to such problems and provide a resolution to such
problems. For the avoidance of doubt, we do not warrant that we can always
provide resolution to problems on an individual basis and resolution to
problems may also be provided with the next update.

7. Optional Extras and Services

Optional Extras and services associated with a License (“Extras”) may have
additional requirements which You must ensure are met before purchasing.

You may only use Extras with their associated License. If the Extras purchase
becomes invalid (such as through refund or cancellation, etc), you must
immediately uninstall the Extra and delete all associated files (if applicable).

Add-ons may not be separately transferred between Your Licenses or to a third
party. When a License is transferred to a Subsequent Purchaser, all Extras
associated with that License will be transferred as well.

Access to Support and Updates for the Extra is dependent on the associated
License having current access to Support and Updates. The License's Extension
Payment may be changed by the purchase of Extras. Once an Extra is purchased,
the Extension Payment will always take the Extra into account. To not extend an
Extra with an Extension Payment, You must contact us to cancel the Extra before
making the Extension Payment. No refund will be given in this case and should
You wish to re-gain access to the Extra, You will need to re-purchase it.

8. Disclaimer of Warranties

The software is provided on an "AS IS" basis, without warranty of any kind,
including without limitation the warranties of merchantability, fitness for a
particular purpose, and non-infringement.

You acknowledge that the software has not been developed to meet your
individual requirements, and that it is therefore your responsibility to
ensure that the facilities and functions of the software meet your
requirements prior to purchase. You acknowledge that the software may not be
free of bugs or errors, and agree that the existence of errors shall not
constitute a breach of this agreement.

The entirety of the risk as to the results, quality and performance of the
software is with you.

In the event that you are purchasing the software as a consumer, nothing in
this clause shall affect your statutory rights.

9. Limitation of Liability

Our liability for losses suffered by you, arising out of or in connection with
this agreement (including any liability for the acts or omissions of its
employees, agents and subcontractors), whether arising in contract, tort
(including negligence), misrepresentation or otherwise, shall be limited to
100% of the purchase price. We shall not be liable for indirect, incidental,
or consequential damages of any kind, including loss of income or profits,
loss of goodwill, loss of data, or the like. Nothing in this agreement shall
limit or exclude the liability of either party for death or personal injury
resulting from negligence, fraud or fraudulent misrepresentation.

This agreement sets out the full extent of your obligations and liabilities in
respect of the supply of the software. In particular, there are no conditions,
warranties, representations or other terms, express or implied, that are
binding on you except as specifically stated in this agreement. Any condition,
warranty, representation or other term concerning the supply of the software
which might otherwise be implied into, or incorporated in, this agreement, or
any collateral contract, whether by statute, common law or otherwise, is
hereby excluded to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless WebMachine and its officers,
directors, agents, and employees from and against any and all demands, claims,
losses and liabilities, including reasonable attorney's fees, arising out of
or caused by your use of the software. This obligation shall survive the
termination of this agreement.

11. Refund Policy

We will maintain a reasonable policy regarding requests for refunds. We reserve
the right to refuse a refund or to apply a partial refund. An administration
charge may be applied where a refund is offered. Refunds are generally not
granted after you have downloaded the software.

12. Jurisdiction

This license, its subject matter or its formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with
Nevada law and submitted to the non-exclusive jurisdiction of the Nevada
courts. If any court judges any provision of this agreement to be invalid,
void, or unenforceable, the parties agree that the remaining provisions of
this Agreement shall remain valid and enforceable.