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Site Manager License

SOFTWARE LICENSE AGREEMENT
"Site Manager" - Single Domain Name

Site Manager, Version 6.1
(c) Copyright 2004-2009, Allan Vest.
(c) Copyright 2004-2009, AllMerchants, L.L.C.
All rights reserved.

The copyright notices must not be modified or removed from any of the source code of the Software. The origin of this Software must not be misrepresented.  

IMPORTANT

This License is a Legal Agreement between You and the Licensor. Please read carefully the terms of this Software License Agreement ("License Agreement") carefully.

You acknowledge that You have have read this License Agreement, that you understand it, and that you are legally bound by its terms.

You agree that this License Agreement shall be in force and that you are bound to it from the moment you have agreed to order the Software, the moment you have begun installing the Software, or the moment you have begun using the Software.


1. Definitions

"You" - shall mean the legal person purchasing the license granted herein.

"Licensor" - shall refer to AllMerchants, L.L.C.

"License Fee" - shall be as set forth by AllMerchants.

"Software" - includes all copies of the Licensor's software named "Site Manager" (including user documentation) that You have received or duplicated pursuant to the terms of this License Agreement, including if case, without limitation, all fixes and updates provided through the Licensor subscribed support services, if and when applicable.

"Use" means storing, loading, installing, executing or displaying the Software.

"Distribution" - shall mean to distribute or sublicense all or any portion of the Software.

"Staging Web Site" and "Development Web Site" shall mean any web site that is limited in use strictly for the purpose of developing the public web site itself and is not used or viewed by the intended end users of the web site, except those users specifically and actively involved in the development process of the public web site itself.

"Site Administration" shall refers to the "Page Manager", "Add Page", "Edit Page", "Users", and "Roles" web pages of the Software.


2. License

a. Authorized Use. You will be solely responsible for obtaining any software required as a prerequisite of the Software. Subject to payment of the License Fee, if applicable, Licensor grants You the rights to use the Software on a single web site (one domain) that will be installed on a single web server. The Software may also be installed for Use on one Development Web Site on a single web server and/or one Staging Web Site installed on a single web server. A valid License Key, provided by Licensor, must be registered with the Software, for each of the development, staging, and public web sites, as needed.

If You wish to Use the Software for additional web sites, You agree to obtain a separate or different license for each such Use.

b. Modification and Distribution. It would be a violation of international copyright laws to modify or distribute the Software without permission. This License Agreement gives You the right to modify the source code of the Software solely for your own Use per the terms and conditions of this agreement, if you choose to do so. You may not remove and/or modify any copyright notices. You may not remove and/or modify any code used to check for a valid License Key. You may not use any portion of the source code of the Software within any other application, including open source applications. You agree that You assume full responsibility for the working functionality of the Software once it has been modified. You are not allowed to distribute the modified or unmodified Software, in whole or in part, except as specifically defined by the terms of this agreement.

c. Copies. You may make one copy of the Software code for Use (implementation copy) and one copy for back-up purposes only, provided that: (i) the Software is installed per the terms and conditions of this agreement; and (ii) all Licensor's copyright, trademark or other proprietary ownership notices are maintained on all copies of the Software. The back-up copy is to be used solely for temporary emergency purposes only, and such use is subject to this License Agreement to the same extent as the implementation copy.

d. Restrictions on Use. In addition to all other terms and conditions in this License Agreement, You may not copy (other than once for implementation and for back-up purposes), rent, loan, or lease all or any portion of the Software. You will take all reasonable precautions to prevent third parties form Using the Software in any way that would constitute a breach of this agreement. You may not transfer this license.

e. Ownership. This Software is licensed and not sold to You by Licensor. Licensor owns all intellectual property rights, copyright, trade secret, patent, and other proprietary rights in the Software, user documentation and related written materials, logos, names and other support materials. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Rather, You have a license to Use the Software as long as this License Agreement remains in full force and effect. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a breach of this License Agreement. Licensor retains all rights not expressly granted.

f. Confidential Information. You shall (and shall ensure that Your employees shall) maintain the strict confidentiality of the Software, all information and materials contained in the Software and all information and materials conveyed by Licensor to You hereunder, including but not limited to documentation that may be provided with the Software, or any other information relating to the Software's features and modes of operation, inventions (whether or not patentable), techniques, processes, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, analysis and performance information, user documentation and other technical information, plans and data (collectively, the "Licensor Proprietary Information"). This undertaking shall not apply to information that becomes part of the public domain through no act or omission of You or is in Your lawful possession prior to the date of download or receipt of the Software as demonstrated by written documentation. You shall not disclose the Licensor Proprietary Information to any third party.

g. Upgrades. To use Licensor's software identified as an upgrade, You must first be licensed for the product identified by Licensor as eligible for the upgrade. All fixes and updates provided through the Licensor subscribed support services, if and when applicable, automatically become part of the Software and are subject to the terms and conditions of this License Agreement.

h. Support. This agreement does not provide for or expressly include any support services regarding the Software. All support services regarding this Software must be agreed upon under a separate agreement and are subject to additional fees.

i. Limited Warranty. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. The Licensor makes no warranty that the Software will function or operate in conjunction with any particular software. Except as specifically provided herein, Licensor makes no warranty or representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to this Software or user documentation, including their quality, performance, merchantability or fitness for a particular purpose. Your money will not be refunded in case the Software does not perform or does not perform well when installed in Your computer environment. For thirty days from Your date of purchase, Licensor warrants that the Software shall substantially conform to advertised functions and if case, to applicable user documentation. In the event of a warranty claim that is confirmed and approved by Licensor, Licensor shall provide You with corrected item(s). Any replacement item(s) shall be subject to a thirty (30) days warranty from Your date of receipt and will be subject to the terms of this Agreement. These are Your sole remedies for any breach of warranty.

j. Limitation of Liability. Because software is complex and may not be completely free of errors, You are advised to verify Your work and to make backup copies. In no event will Licensor be liable for indirect, special, incidental, economic, cover or consequential damages or for loss of profit or loss of information arising out of the use the Software or user documentation. In no case shall Licensor's liability exceed the amount paid by You for the Software.

k. Termination. Without prejudice to any other rights, Licensor may cancel this EULA if You do not abide by its terms and conditions. Upon cancellation You must destroy all Your copies of the Software. No license refunds will be granted for revoked licenses. License Fees are non-refundable.

l. Governing Law. This Agreement is made and shall be construed under the laws of the State of Michigan and exclusive venue shall lie in Macomb County. In the event that any of the provisions of this Agreement are deemed to be null and void, ineffective or invalid by any competent tribunal, the provisions of this Agreement are declared severable and the balance of the Agreement shall remain effective. You acknowledge that You have read this Agreement, understands and agree to its terms and conditions.

m. Miscellaneous. This agreement is the entire agreement between You and the Licensor pertaining to Your rights to Use the Software. Any notice to the Licensor shall be sent by pre-paid registered mail at the address mentioned at the bottom of this agreement. Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is in writing and signed by
the Party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of any Part to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.


AllMerchants, L.L.C.
41749 Mary Kay Dr., Suite 1B
Clinton Township, MI 48038
586-693-2599
http://www.allmerchants.com