SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement
between You and Vendor. Read it carefully before completing the
installation process and using the Software. It provides a license to
use the Software and contains warranty information and liability
disclaimers. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE,
YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO
NOT INSTALL OR USE THE PRODUCT.
The Software is owned by Vendor and/or its licensors and is protected
by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. THE SOFTWARE IS
LICENSED, NOT SOLD.
"Vendor" means "The Real Estate Script ", http://www.therealestatescript.com site owners.
"You", "Your" means you and your company.
"Software" means the product provided to You, which includes computer
software and may include associated media, printed materials, and
"online" or electronic documentation.
The Software is owned and copyrighted by Vendor and/or its licensors.
Your license confers no title or ownership in the Software and is not a
sale of any rights in the Software.
3. GRANT OF LICENSE.
Vendor grants You the following rights provided You comply with all
terms and conditions of this agreement. For each license You have
acquired for the Software:
- You are granted a non-exclusive right to use and install ONE copy of the software on ONE website.
may allow an unlimited number of users to access or otherwise utilize
the services or functionality of the installed software.
- You may make one copy for backup or archival purposes.
- You may modify the template files contained in the templates folder or header / footer / sitestyle files. (if applicable).
- You may modify source files to customize look and feel and to add features.
4. RESTRICTED USE.
- You agree to use reasonable efforts to prevent unauthorized copying of the Software.
may not disable any licensing or control features of the Software or
allow the Software to be used with such features disabled.
- You may not share, rent, or lease Your right to use the Software.
may not modify, sublicense, copy, rent, sell, distribute or transfer
any part of the Software except as provided in this Agreement.
- You will return or destroy all copies of the Software and
generated content (if applicable) if and when Your right to use it
- You may not use the Software for any purpose that is unlawful.
5. ADDITIONAL SOFTWARE.
This license applies to updates, upgrades, plug-ins and any other
additions to the original Software provided by Vendor, unless Vendor
provides other terms along with the additional software.
6. 3RD PARTY SERVICES.
This Software may make use of, or have the ability to make use of, link
to, or integrate with 3rd party content or services. The availability
of the content or services is at the sole discretion of the 3rd party
service providers and may be subject to usage agreements and other
restrictions. You agree to indemnify and save harmless Vendor and its
licensors from all claims, damages, and expenses of whatever nature
that may be made against Vendor and its licensors by 3rd party content
and service providers as a result of Your use of the Software.
6. SOFTWARE DISTRIBUTION.
The script is distributed in a packed zip file via dowload login in its
default layout with the features and functions as documented in our
info and online demo pages.
The software will electronically register itself during installation or
relocation and confirm that You have installed the product on a
licensed domain name. The registration process only sends the license
information that You've entered (Domain Name) and information about the
software installed (Program ID, Version, Install URL, Checksum). No
other information is sent.
7. CODE MODIFICATIONS.
3rd party modifications prohibited without permission of Vendor (this
does not include localisations). Any 3rd party modification can cause
warranty void. We do not offer free support for 3rd party code
modifications and we may decline to support if the problem is a result
of the modification.
If this copy of the software is an upgrade from an earlier version of
the software, it is provided to You on a license exchange basis. Your
use of the Software upgrade is subject to the terms of this license,
and You agree by Your installation and use of this copy of the Software
to voluntarily terminate Your earlier license and that You will not
continue to use the earlier version of the Software or transfer it to
another person or entity. We provide 1 year free updates of our
scripts. Updates that require file uploading, setting file permissions
and setting server variables in files must be performed by the client.
Updates that require additionally code modification will be performed
by Vendor for free. If you require Vendor to implement the update,
additional charges apply. Also additional charges apply for the update
of modified script versions. We may decline to upgrade a modified
version for free if it was modified by a 3rd party.
You may make a one-time transfer of the Software and Your rights under this license to another party provided that:
- You provide the party with the Software, any "Product ID" codes, and this license.
- The party accepts the terms of this license as a condition of the transfer.
- You destroy any other copies of the Software and generated content (if applicable) in Your possession.
- You notify Vendor of the transfer.
- Your rights under this license automatically terminate upon transfer.
10. REFUND POLICY.
Refunds are given within 30 days after purchase if the script does not work as the proposed online demo version.
We do not refund for the following reasons:
- Refunds are NOT given if server specifications does not meet requirements as listed on our corresponding product info page.
are NOT given for unsuitability to a webserver requirement for which
the requirements are clearly listed on the product site.
- Refunds are NOT given for missing "features" or missing
capabilities of our products which feature a fully functional online
demo, or for which we have arranged a trial period. The customer is
responsible for determining if the product is suitable by testing the
fully functional online demo.
- Refunds are NOT given for installation fees or other non-product labor costs.
11. PAID LOGIN SUPPORT.
support is support in which we have to login to your system to correct
the issue caused by you. Login support is $50.00 USD per hour minimum 1
hour incident charge. Support which results in the determination of a
"bug" in the Vendors software will not be billed.
Vendor may terminate Your license if You do not abide by the license
terms. Termination of the license may include, but not be limited to,
marking the Product ID as invalid to prevent further installations.
Upon termination of license, You shall immediately discontinue the use
of the Software and shall within ten (10) days return to Vendor all
copies of the Software or confirm that You have destroyed all copies of
it. Your obligations to pay accrued charges and fees, if any, shall
survive any termination of this Agreement. Vendor's third party
licensors may protect their rights in the event of any violation of the
terms and conditions of this license. You agree to indemnify Vendor and
its licensors for reasonable attorney fees in enforcing its rights
pursuant to this license.
12. DISCLAIMER OF WARRANTY.
The Software is provided on an "AS IS" basis, without warranty of any
kind, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non- infringement. The entire risk
as to the quality and performance of the Software is borne by You.
Should the Software prove defective, You, not Vendor or its licensors,
assume the entire cost of any service and repair. If the Software is
intended to link to, extract content from or otherwise integrate with a
third party service, Vendor makes no representation or warranty that
Your particular use of the Software is or will continue to be
authorized by law in Your jurisdiction or that the third party service
will continue to be available to You. This disclaimer of warranty
constitutes an essential part of the agreement.
13. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL VENDOR OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES,
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES. IN
NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE AMOUNT PAID TO LICENSE THE SOFTWARE, EVEN IF YOU OR ANY
OTHER PARTY SHALL HAVE INFORMED VENDOR OR ITS LICENSORS OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM. NO CLAIM, REGARDLESS OF
FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE
BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.
14. APPLICABLE LAW.
This license shall be interpreted in accordance with the laws of the
state of South Carolina, USA. Any disputes arising out of this license
shall be adjudicated in a court of competent jurisdiction in the state
of South Carolina, USA.
15. GOVERNING LANGUAGE.
Any translation of this License is done for local requirements and in
the event of a dispute between the English and any non-English
versions, the English version of this License shall govern.
16. ENTIRE AGREEMENT.
This license constitutes the entire agreement between the parties
relating to the Software and supersedes any proposal or prior
agreement, oral or written, and any other communication relating to the
subject matter of this license. Any conflict between the terms of this
License Agreement and any Purchase Order, invoice, or representation
shall be resolved in favour of the terms of this License Agreement. In
the event that any clause or portion of any such clause is declared
invalid for any reason, such finding shall not affect the
enforceability of the remaining portions of this License and the
unenforceable clause shall be severed from this license. Any amendment
to this agreement must be in writing and signed by