Terms of Service (TOS)
BY ORDERING SOFTWARE ON THIS WEB SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
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:
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. We will install the leased software program on your hosted server and make sure it works correctly, but it will be your responsibility to ensure server capability with the software and create HTML pages and/or databases and modify HTML pages and/or templates according to your sites requirements.
Normal billing recycle is active during the configuration phase. If you delay in completing this configuration work order it will not suspend or delay billing for the software and hosting (if you are hosting with us). Allow up to 72 hours after completed work order for software to be configured.
Software lease subscription must be paid within 3 days of posted due date. If payment is not receive a late fees will be applied and possibly experience interruption of services.
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.
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 Plexum 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 5.00 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.
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 sub licensed 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.
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 must provide a 30-Day written notice of cancellation and submit notice via the help desk from within the Client Dashboard 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.
To submit cancellation request login to the client dashboard:
Web Hosting Cancellation Policy
Client hosting with Plexum.com must provide a 30-Day written notice of cancellation and submit notice via the help desk from within the Client Dashboard to end your hosting agreement. The Hosting Agreement between the Hosting Provider and Client will terminate 30-Day after receipt of notice.
To submit cancellation request login to the client dashboard:
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.
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.
"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.
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.
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.
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.
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 PLEXUM CORPORATION. ON YOUR STATEMENT.