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Important: Read
Carefully The Following End User License Agreement
Before Using This Software. By Installing And Using The
Software, You Are Confirming Your Acceptance Of The
Software And Are Bound By The Terms Of This Agreement.
This software and derivative
works of such software program and materials are the
copyrighted work of Smart Business FZE ®.
Use of this Program is governed by the terms of the End
User License Agreement. Any use, reproduction or
redistribution of the Program not in accordance with the
terms of the License Agreement is expressly prohibited.
End User
License Agreement
License
Smart Business FZE
(SBF) hereby grants a limited, non-exclusive license and
right to install and use of the Program for your own use
on one website and by installing the Program you thereby
accept that you may not network the Program or otherwise
install it or use it on more than one computer at a
time. The Program is licensed, not sold. Your license
confers no title or ownership in the Program. This
software can not be resold, but this license can be
resold or transferred to one party for single site use
subject to prior permission of SBF.
You may make one copy of the
Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on
the original copy of the Software.
If you fail to comply with
this Agreement, SBF may terminate the license and you
must destroy all copies of the Software.
Ownership
The license gives you
limited license to use the Software. SBF retains all
rights, title and interest, including all copyright and
intellectual property rights, in and to, the Software
and all copies thereof. Any violation of this agreement
may result in civil and criminal penalties.
This Agreement shall be
governed by and construed in accordance with the laws of
UAE, without reference to any conflict of law
principles. You agree that any action at law or in
equity arising out of or relating to these terms and
conditions shall be filed only in the courts located in
Ras Al Khaimah, UAE. You further consent and submit to the
personal jurisdiction of these courts for the purposes
of litigating any such action.
End User
Responsibilities
Subject to the grant of
license, you may modify this program to make the
software seamlessly integrate with your website, or to
develop modules which add functionality.
You agree that you may not,
in whole or in part, copy, reproduce, reverse engineer,
modify, disassemble, decompile, or create derivative
works based on the Program, or remove any proprietary
notices or labels on the Program without the prior
consent, in writing, of SBF.
The program is licensed to
you as a single product. You must leave the copyright
information intact in each of the source files. You are
not entitled to rent, lease, or license the Program to
others. You may not provide, sell or transfer
reproductions of the Program to other parties in any
way.
Program
Transfer
You may permanently transfer
all of your rights under this License Agreement,
provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program
from all computers on which you installed or had
installed by another party.
External
Components
The Program may rely on,
external components provided by a third party to provide
some level of functionality. In any case, SBF makes no
warranties, claims, or provision for any third party
components. You are responsible for making any and all
appropriate licensing arrangements with any third party
external component providers.
Termination
This License Agreement is
effective until terminated. SBF may, at its discretion,
terminate this License Agreement in the event that you
fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy the
media containing the Program or erase it from all
computers you have installed it on, or had installed on.
Limited
Warranty
SBF expressly disclaims any
warranty for the program and manual (s) are provided "AS
IS" without warranty of any kind, either express or
implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular
purpose, or no infringement. The entire risk arising out
of use or performance of the Program remains with you,
however, SBF warrants up to and including 90 days from
the date of your purchase of the Program that the media
on which the Program is furnished shall be free from
defects in material and workmanship. In the event that
the downloaded .zip file (delivered via electronic
shipment (E-MAIL, FTP, HTTP, etc.) proves to be
defective during that time period, and upon presentation
to SBF of proof of purchase of the defective Program,
SBF will either:
electronically deliver a new working copy; or
correct any defect.
Limitation of Liability
SBF shall not be liable in
any way for loss or damage of any kind resulting from
the use of the program including, but not limited to,
loss of goodwill, work stoppage, computer failure or
malfunction, security breaches, data loss, data
corruption or any and all other commercial damages or
losses. Some states do not allow the exclusion or
limitation of incidental or consequential damages, or
allow limitations on how long an implied warranty lasts,
so the above limitations may not apply to you.
This software is provided
"as is" without any express or implied warranties. SBF
hereby disclaims all warranties and conditions with
regard to the software including all implied warranties
and conditions of merchantability, fitness for a
particular purpose, title and non-infringement. In no
event shall SBF or its suppliers be liable for any
special, indirect, or consequential damages or any
damages whatsoever resulting from any procurement of
substitute goods or services, any business interruption,
or any loss of use, data, profits or wages whether in
any action of contract, negligence, or other tortuous
action arising out of or in connection with the use or
performance of software provided.
Miscellaneous
This License Agreement may
be amended, altered or modified only by an instrument in
writing specifying such amendment, alteration or
modification, which is executed by both parties. In the
event that any provision of this License Agreement shall
be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provision will be
enforced to the maximum extent permissible and the
remaining portions of this License Agreement shall
remain in full force and effect.
You hereby acknowledge that
you have read and understand the foregoing License
Agreement and agree that the action of installing the
Program is an acknowledgment of your agreement to be
bound by the terms and conditions of the License
Agreement contained herein. You also acknowledge and
agree that this License Agreement is the complete and
exclusive statement of the agreement between SBF and you
and that the License Agreement supersedes any prior or
contemporaneous agreement, either oral or written
(including inconsistent statements in written materials
and online help accompanying the Program), and any other
communications between SBF and you.
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