CREATIVE NETWORKS UK END-USER LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.
The software accompanying this License (hereinafter "Software") is licensed to you by bannersoft.co.uk website for use solely on the website you indicated when first purchasing the product. You have the right to use this software, but "Creative Networks UK" and "bannersoft.co.uk" owner retain title to the Software and related documentation.
1. Terms of License
This license allows you to:
(a) use the software solely on the domain or IP address recorded for your license registration, unless you are purchasing an Unlimited License;
(b) make ONE (1) copy of the Software in machine-readable form for back up purposes.
(c) make modifications to the code for your own purposes to customize or integrate specific features; (Please, acknowledge that bannersoft.co.uk may not be able to provide support or future upgrades if you make modifications to the internal code of the system).
If you wish to use the Software on more than one domain name or IP address, you must license another copy of the Software or own the Unlimited License.
2. Restrictions on Use
The copyright and links in the software's footer MUST NOT be removed unless a brandfree license option is purchased, the software and licenses will be deactivated if an installation is found to breach the copyright rules.
Unless bannersoft.co.uk has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one computer to another. You shall use in whole or part, any code which is considered proprietary of bannersoft.co.uk Software in any other software that would be freely distributed or commercially resold. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
3. Ownership
This license provides you with limited rights to use the Software. Creative Networks UK retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by bannersoft.co.uk.
4. Proprietary Markings
bannersoft.co.uk logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to bannersoft.co.uk. You shall not remove or obscure bannersoft.co.uk copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
5. Disclaimer of Warranties and Technical Support
The Software is provided to you on an “as is” basis, without any technical support or warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. Limitation of Liability
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and "bannersoft.co.uk" EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. bannersoft.co.uk DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, "bannersoft.co.uk" DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT "bannersoft.co.uk" AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL "bannersoft.co.uk" website PAST, CURRENT OR FUTURE EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY "bannersoft.co.uk", EVEN IF bannersoft.co.uk website AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between bannersoft.co.uk and you. You agree that would not be able to provide the limitations.
"bannersoft.co.uk" will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall "bannersoft.co.uk" total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
7. Term and Termination
This license agreement is effective until terminated. You may terminate this license agreement at any other time by destroying all complete and partial copies of the Software, related documentation and all copies thereof in your possession. This license and your rights hereunder shall automatically terminatewithout notice from "bannersoft.co.uk" if you fail to comply with any provision of this license. This License is also immediately terminated in the event you are refunded the purchase price for whatever reason and you no longer have any rights to use the product covered under this agreement. Upon such termination, you shall cease all use of the Software and delete the Software and destroy all copies of the Software and other materials related to the Software in your possession or under your control.
THIS LICENSE COVERS A SINGLE COPY OF THE SOFTWARE PROGRAM ( OR SEVERAL COPIES INSTALLED WITHIN THE SAME DOMAIN NAME ), OR MULTIPLE COPIES ON MULTIPLE DOMAINS IF YOU OWN THE UNLIMITED LICENSE. YOU MUST PURCHASE ADDITIONAL LICENSES IF YOU INTEND TO USE MULTIPLE COPIES OF THIS SOFTWARE INSTALLED ON DIFFERENT DOMAINS (domain names), OR OWN THE UNLIMITED LICENSE.
8. General Provisions
(a) This Agreement shall be governed by and construed under the laws of England, Scotland and Wales, without reference to its conflict of law principles.
In the event of any conflicts between foreign law, rules, and regulations, and the present state's law, rules, and regulations, the English rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
(b) This Agreement contains the complete agreement between the parties with respect to the subject matter hereof and the related documentation, and supersedes all prior or contemporaneous agreements or understandings, written or oral, regarding such subject matter.
9. Updates
Creative Networks UK may from time to time release new versions of the Software. All new versions or releases which are provided to you shall be considered part of the Software and shall be governed by the terms of this license agreement.
All questions, comments or concerns with respect to this Agreement shall be directed to: bannersoft.co.uk, support@bannersoft.co.uk.
