| BY ORDERING SOFTWARE ON THIS WEB SITE, YOU AGREE TO
THE FOLLOWING TERMS AND CONDITIONS:
License Grant
Licensor hereby grants you a non-exclusive license to use
one copy of the software you order on a single web site
unless otherwise stated or extra groups/installs have
been purchased. Licensor retain the right to modify, add,
or remove any or all of the following terms and conditions
of this agreement.
Licensor guarantees successful installation of all software
you buy from Licensor and the program working on your server
in a way as demonstrated in our demo section and requirement
subject to the following terms and conditions:
Software Installation
Installation does not include HTML and database customizing
or graphic design, we install programs with trial pages -
the same you can see in our demo section. Customizing HTML
pages is not included. You can do it yourself, order from
us for an additional charge or from a third party. We will
freely install purchased program on your site and make sure
it works correctly, but it will be your responsibility to
create HTML pages and/or databases and modify HTML pages and/or
templates according to your sites requirements.
Self Software Installation
You do not need to know anything about CGI & PHP programming
to install and use our software. However, to use some of
our programs, you do need the following:
- Basic knowledge of Internet tools (for example, be able
to use FTP).
- Basic knowledge of the operating system your server uses
(be able to create and change directories, be able to change
permissions on files and directories).
- Basic knowledge of HTML, such as be able to write simple
forms.
Please, note: if you use HTML editors like MS FrontPage,
you need to know HTML well enough to be able to edit pages
created by your program in a text editor such as Notepad
or UltraEdit.
- Basic knowledge of server technology, such as Unix or
Windows and cron tabs.
Web Browsers Capability
We cannot guarantee that all of our programs will work with
browsers other than Netscape 6+ and Internet Explorer. If any
particular browser, such as AOL, WebTV, Compuserve, etc. is important for
your site, please check our demos to make sure that the program will work
with the browser of your choice.
Limitation of Liability
Licensor's cumulative liability to you or any other party
for any loss or damages resulting from any claims, demands,
or actions arising out of or relating to this Agreement shall
not exceed the license fee paid to Licensor for the use of
the Program. In no event shall Licensor be liable for any
indirect, incidental, consequential, special, or exemplary
damages or lost profits, even if Licensor has been advised
of the possibility of such damages.
You are allowed to modify scripts, files, programs, however
Licensor will not be liable for any damages resulting from
use of modified scripts, programs and files. You may not
modify with the intent of reselling our code unless prior
written approval is given by Licensor.
You are allowed
to use software products on one web site. If you are interested
in using our products on more than one site, for more
than one client or within more then one domain, please e-mail
us and we'll work out a licensing agreement. Proprietary Protection
Licensor shall have sole and exclusive ownership of all right,
title, and interest in and to the Licensed Program and
all modifications and enhancements thereof (including
ownership of all trade secrets and copyrights pertaining
thereto), subject only to the rights and privileges expressly
granted to you herein by Licensor. This Agreement does
not provide you with title or ownership of the Licensed
Program, but only a right of limited use of NicPlex encoded
binary software. You must keep the Licensed
Program free and clear of all claims, liens, and encumbrances.
Support And Upgrade
Licensor's technical support staff will, between the hours
of 10.00 am to 7.00 pm Central Time Monday to Friday and
11.30 am to 3.00 pm Central Time Saturdays inclusive (except
on bank and public holidays), endeavor to answer on-line
or by email any queries you may have about our software.
For support please use the on-line support desk on our
Website, limited to original support contract. Any Software
updates that may be made available by Licensor from time
to time will be supplied at Licensor's website download
area, Purchase or Lease terms only apply to the
current version software under contract, Licensee maybe
subject to installation charges, increase lease price/upgrade
charges, or both for any upgrades. Licensor does not guarantee
backward compatibility with previous versions of his software
as it retains the right to add, remove or modify any feature
or function in previous versions, at its sole discretion.
Restrictions
You may not use, copy, modify, or distribute the Licensed
Program (electronically or otherwise), or any copy, adaptation,
transcription, or merged portion thereof, except as expressly
authorized by Licensor. You may not reverse assemble, reverse
compile, or otherwise translate the Licensed Program. Your
rights may not be transferred, leased, assigned, or sublicensed
except for a transfer of the Licensed Program in its entirety
to (1) a successor in interest of your entire business who
assumes the obligations of this Agreement or (2) any other
party who is reasonably acceptable to Licensor, enters into
a substitute version of this Agreement, and pays an administrative
fee intended to cover attendant costs. No service bureau work,
multiple-user license, or time-sharing arrangement is permitted,
except as expressly authorized by Licensor. If you use, copy,
or modify the Licensed Program or if you transfer possession
of any copy, adaptation, transcription, or merged portion
of the Licensed Program to any other party in any way not
expressly authorized by Licensor, your license is automatically
terminated.
Display of Copyright and "Powered By" Notices Required
All copyright notices used throughout the program, within
the scripts and within the HTML that the scripts generate,
MUST remain intact. Furthermore, these notices, including
"powered by" wording that appears online, must remain visible
to the human eye. Your acceptance of this agreement also permits
Licensor to list your Web site in promotional materials and/or
on our Web site, unless a special agreement is made prohibiting
such use.
Refund Policy
Please, look at all aspects of the software you are interested
in. We value customer satisfaction and will be happy to
answer all the questions regarding software that you might
possibly have. We cannot refund your purchase price if
it does work as promised, or you decide that it is not
something you want or need. We will promptly
refund purchase price, if you can run custom CGI or PHP
programs on your site and software fail to install on your
server. We will be unable to refund purchase price if you
claim that program does not work but refuse to provide
us access to the server for free program installation or
troubleshooting.
Software Cancellation Policy
Licensee leasing our software a 30-Day
written notice of cancellation is required to end your leasing agreement. The
Leasing Agreement between Licensor and Licensee will terminate
30-Day after receipt of notice. Licensee agree to remove
leased software from the server immediately after termination
of agreement. Cancellation notice is to be faxed to 773 481-5058. Click to Get Leasing Cancellation Form.
Hosting Cancellation Policy
Client hosting with Plexum.com a 30-Day
written notice of cancellation is required to end your hosting agreement. The
Hosting Agreement between the Hosting Provider and Client will terminate
30-Day after receipt of notice. Cancellation notice is to be faxed to 773 481-5058. Click to Get Hosting Cancellation Form.
Licensor's Right Of Entry
You hereby authorize Licensor to access your web server in
order to inspect the Licensed Program in any reasonable manner
during regular business hours to verify your compliance with
the terms hereof.
Injunctive Relief
You acknowledge that, in the event of your breach of any of
the foregoing provisions, Licensor will not have an adequate
remedy in money or damages. Licensor shall therefore be entitled
to obtain an injunction against such breach from any court
of competent jurisdiction immediately upon request. Licensor's
right to obtain injunctive relief shall not limit its right
to seek further remedies.
Trademark
"PLEXUM" and all software names are trademarks
of Licensor. No right, license, or interest to such trademark
is granted hereunder, and you agree that no such right, license,
or interest shall be asserted by you with respect to such
trademark.
Governing Law
This License Agreement shall be construed and governed in
accordance with the laws of the State of ILLINOIS, USA.
Costs of Litigation
If any action is brought by either party to this License Agreement
against the other party regarding the subject matter hereof,
the prevailing party shall be entitled to recover, in addition
to any other relief granted, reasonable attorney fees and
expenses of litigation.
Severability
Should any term of this License Agreement be declared void
or unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms hereof.
No Waiver
The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver
by that party as to subsequent enforcement of rights or subsequent
actions in the event of future breaches.
Integration
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
LICENSOR'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES
ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION
BY OR ON BEHALF OF LICENSOR RELATING TO THE SUBJECT MATTER
HEREOF. IF PURCHASING DIRECTLY FROM PLEXUM.COM BY CREDIT CARD,
THE CHARGE WILL APPEAR AS NICPLEX CORPORATION. ON YOUR STATEMENT.
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