Файл: software_licence.txt
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Developers - Pro Chat Rooms
Software - Avatar Chat
Website:
http://www.prochatrooms.com
(c)2007/2011
End User Software
Agreement
/** START OF AGREEMENT **/
By purchasing Pro Chat Rooms
software you have hereby agreed to abide by the following
agreement.
SINGLE IDENTITY COMPANY/ORGANIZATIONAL/PERSONAL SOFTWARE USE
LICENSE AGREEMENT
1. GENERAL SOFTWARE LICENSE
A. General License
Grant
In consideration of payment of the license fee, which is part of
the price of the Software, Pro Chat Rooms grants to You the nonexclusive
right to use the software for company/organizational/personal use.
Pro
Chat Rooms grants you the choice of modifying the Software source code to
better fit your company's needs.
You may install any/all Software
packages under one domain (additional software purchases are required for
multiple installations on more than one domain name) that is owned,
operated and is controlled by your REGISTERED LICENSED company,
organization or personal identity.
Pro Chat Rooms grants you the right
to create multiple instances of the software with the restriction of each
copy branded with your REGISTERED LICENSED company, organization or
personal identity AND the Software is deployed on system(s) owned by or
rented by REGISTERED LICENSED company, organization or personal identity of
this License Agreement.
All instances of the software MUST be branded
with your REGISTERED LICENSED company, organization or personal identity.
BRANDING IDENTIFICATION INCLUDES BUT NOT LIMITED TO LOGO, URL LINKS, and
POWERED BY MARK.
You are bound to this Agreement during Your entire
possession time span of this Software, in its original or altered state.
Pro Chat Rooms reserves the rights to suspend, revoke or terminate your
license to use the software if these terms are violated.
See Section 5
of this License Agreement for termination procedures.
B.
Copyright
The Software (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets"
incorporated into the Software) is owned by Pro Chat Rooms or its suppliers
and is protected by United States copyright laws and international treaty
provisions. Therefore, You must treat the Software like any other
copyrighted material.
You may not copy the Software for DISTRIBUTION or
RESELL in any way.
You may not copy any written materials accompanying
the Software without express written authorization from Pro Chat Rooms All
copies of the Software, in its original or altered state, MUST be in the
possession of the by REGISTERED LICENSED company, organization or personal
identity of the Software.
Proofs of infringement of copyright violations
include but not limited to similar code style and structures, similar
layout and design, similar database design, and containing parts of the
original Software source code.
C. Other Restrictions
Each Software
package purchased under this Agreement is licensed as a single product. Its
component parts CAN be separated, but from there after, Pro Chat Rooms will
no longer provide support or upgrades.
You may not distribute copies of
the Software or any accompanying written materials to others, in its
original or altered state.
All instances of the software must be branded
with your REGISTERED LICENSED company, organization or personal identity
and all instances of the Software MUST reside on the server(s) you own or
lease.
BRANDING IDENTIFICATION INCLUDES BUT NOT LIMITED TO LOGO, URL
LINKS, and POWERED BY MARK.
YOU MAY NOT DISTRIBUTE OR RESELL THE
SOFTWARE IN ITS ORIGINAL OR ALTERED STATE.
YOU MAY NOT PROVIDE OR RENT
THE SOFTWARE USE TO OTHERS - OTHERS CAN BE DEFINED AS PARTIES THAT DO NOT
FALL UNDER THE STAFF BASE OR ARE NOT DIRECTLY RELATED TO THE REGISTERED
LICENSED company, organization or personal identity of this License
Agreement.
If any portion of the current Pro Chat Rooms's software
source is merged, inserted, copied, or ported to your previous Pro Chat
Rooms's software source, THIS CURRENT LICENSE AGREEMENT WITH Pro Chat Rooms
WILL IMMEDIATELY GO IN EFFECT AND NULLIFY YOUR PREVIOUS Pro Chat RoomsS
LICENSE AGREEMENT.
D. Trademarks
The trademarks, logos and service
marks ("Marks") displayed on this Site; Software and any
accompanying written materials are the property of Pro Chat Rooms or other
third parties.
You are not permitted to use the Marks without the prior
written consent of Pro Chat Rooms or such third party that may own the
Marks.
E. User Infringement Liability
You may be held legally
responsible for any infringement that is caused or encouraged by your
failure to comply with the licensing provisions of this Agreement.
Upon
purchase of the Pro Chat Rooms, legal actions from Pro Chat Rooms can be
directed towards you if you do not comply with the license agreement.
2.
DISCLAIMERS AND WARRANTY INFORMATION
NO WARRANTY
UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND Pro Chat Rooms,
ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Pro Chat Rooms
ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR
SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS SITE. YOU
ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE
SOFTWARE.
ANY REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS,
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO LIABILITY FOR DAMAGES
IN
NO EVENT SHALL Pro Chat Rooms OR ANYONE ELSE INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN
MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF
DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK
INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION,
SOFTWARE OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE
PERFORMANCE OR LACK OF PERFORMANCE OF THIS SOFTWARE.
NO LIABILITY FOR
ERRORS OR OBLIGATION TO UPDATE
Pro Chat Rooms COULD INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW OF THE
SOFTWARE AT Pro Chat RoomsS SOLE DISCRETION. Pro Chat Rooms MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT(S) OR
PROGRAM(S) DESCRIBED ON OUR SITE AT ANY TIME. Pro Chat Rooms HAS NO
OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER
PRODUCTS OR PROGRAMS.
3. CUSTOMER REMEDIES.
In no event shall Pro
Chat Rooms's total liability to you for all damages, losses, and causes of
action arising from or connected in anyway with this Agreement (including
without limitation liability in contract, tort or under any other legal
theory) ever exceed the INITIAL amount paid by You for the Software.
INITIAL amount is defined as the first payment to purchase the software and
DOES NOT include other fees incurred there after. This shall constitute
Your sole and exclusive remedy.
4. FEES AND PAYMENT
A. Fees and
Payment Obligation.
Please carefully review and consider the price list
before purchasing any products covered by this Agreement. Pro Chat Rooms
reserves the right to change our prices at any time. We will post all price
changes on our Site. Your acceptance of this Agreement indicates consent to
the published prices. By accepting this Agreement, You consent to pay all
fees and costs that You incur. Failure to pay timely and in full
constitutes a material breach of this Agreement.
B. Method of
Payment.
a. Payment
Pro Chat Rooms requires a credit card
transaction, wire transfer, or a mailed check prior to obtaining the
software. Pro Chat Rooms will allow You to download or issues a release of
purchased Software 1-5 business days upon receiving authorization from Your
account holder.
b. Refunds
Refunds are based on Software failure, NOT
server issues or lack of features. Refunds CANNOT be issued in cases where
your server does not have MySQL or PHP properly installed. Refunds are
provided ONLY AFTER our tech has assisted in your installation and the
Software fails to function fully. Pro Chat Rooms will determine if a
refund is necessary based on individual situations. If refund is provided,
You must follow the termination guidelines detailed on Section 5 of this
License Agreement. REFUNDS ARE NOT AVAILABLE AFTER 14 DAYS FROM PURCHASE
DATE.
REFUNDS ARE NOT PROVIDED if a client has NOT fully evaluated the
Software demo or the Software trial prior to purchase.
5.
TERMINATION.
This Agreement is effective IMMEDIATELY upon Your Software
download and Software transfer from Pro Chat Rooms's servers to your
computer. Proof of download will be based on Pro Chat Rooms's client
status using OUR records and logs. Unless sooner terminated by Pro Chat
Rooms, any license granted by this Agreement terminates in accordance with
the method and timeframes specified in Section 1-A of this Agreement.
Without prejudice to any other rights, Pro Chat Rooms may suspend,
revoke, or terminate this Agreement if You fail to comply with any of its
provisions. In such event, You shall delete all copies and instances of
Pro Chat Rooms's Software(s) from your possession within 3 days of Pro Chat
Rooms's License Agreement termination notice.
IF YOU FAIL TO COMPLY WITH
OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN WITHIN 24 HOURS OF
THE GIVEN 3 DAYS GRACE PERIOD OF COMPLIANCE.
6. LAW
This License
Agreement shall be construed, interpreted and governed by the laws of the
State of New York without regard to conflicts of laws provisions thereof.
The exclusive forum for any disputes arising out of or relating to this
License Agreement shall be an appropriate federal or state court sitting in
New York City, New York, USA. This License Agreement shall constitute the
entire Agreement between the parties hereto. Pro Chat Rooms has the right
to modify this agreement with each new release of the Software. You have
the right to waiver the modifications and opt to abide by the previous
Agreement and chooses not to accept the new Software release and the
modified License Agreement. If a court of competent jurisdiction finds any
part of this License Agreement invalid or unenforceable, the remainder of
this License Agreement shall be interpreted so as to reasonably affect the
intention of the parties.
/** END OF AGREEMENT **/