LICENSE AGREEMENT |
WebPro SMS ('the Software') is a copyrighted work of authorship and is also protected
under applicable database laws. Alexander Dimelow retains ownership of the
Software and any copies of it, regardless of the form in which the copies may exist.
This licence is not a sale of the original Software or any copies.
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By installing and using WebPro SMS on your server, you agree to the following terms
and conditions. Such agreement is either on your own behalf or on behalf of any corporate
entity which employs you or which you represent ('Corporate Licensee'). In this Agreement,
'you' includes both the reader and any Corporate Licensee and 'WebProject' means
Alexander Dimelow:
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| WebPro SMS licence grants you the right to run one instance (a single installation)
of the Software on one web server and one web site for each licence purchased. Each
licence may power one instance of the Software on one domain. For each installed
instance of the Software a separate licence is required. |
| The Software is licensed only to you. You may not rent, lease, sublicence, sell,
assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary
or permanent basis, without the prior written consent of WebProject. |
| If you have a valid licence, you may set up an additional test website in order to
test code, template and database modifications. To make this clear to us and our
licence verification procedures, place it in a directory called 'testwebpro' and
be sure to password to protect it. It must not be accessible to the general public. |
| The licence is effective until terminated (Owner Licence). The licence is effective
for two years from the date you purchase the Software (Leased Licence). You may terminate
it at any time by uninstalling the Software and destroying any copies in any form.
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| You undertake to ensure that, prior to use of the Software by your employees or
agents, all such parties are notified of the terms of this Agreement; and hold all
data (including object and source codes), software listings and all other information
relating to the Software is confidential and not at any time, during the period of the
licence or after its expiry, disclose the same whether directly or indirectly to
any third party without WebProject's consent. |
| WebProject may, in its discretion, allow you to transfer your license to another
party, providing the license: i) has not already been transferred in the previous
12 months; and ii) was purchased more than 3 months in the past. |
| After the expiry of a licence, the Software must either be removed from the server,
or another licence purchased. |
| All customers must submit the URL where they are using (or plan to use) each licence. |
| All WebPro SMS copyright notices within design templates must remain unchanged (and
visible). |
| The Software may not be used for anything that would represent or is associated with
an Intellectual Property violation, including, but not limited to, engaging in any
activity that infringes or misappropriates the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, software piracy,
and patents held by individuals, corporations, or other entities. |
| If any of the terms of this Agreement are violated, WebProject reserves the right
to revoke the licence at any time. |
DISCLAIMER OF WARRANTY
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THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF
MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH WebProject MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF ' WebProject' WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO CASE SHALL ' WebProject' BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF ' WebProject' IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL ??? WebProject??? OR LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY LICENSEE TO ' WebProject'.
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Warning: This program is protected by copyright law. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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From time to time, WebProject may inspect your registration integrity. This will
be done without collecting any information whatsoever about your server or your users.
The only information verified will be your licence number and the domain on which
the software is run.
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Should WebProject discover discrepancies in the software usage, be aware that you
may lose your licence and may face legal actions for Software Piracy. Your information
will not be shared with 3rd parties. Occasionally, it is necessary to record your
IP address for security and performance monitoring.
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Please be aware that we subcontract our anti-piracy measures to Legal Research Associates.
They may contact you to clarify your license legality, and will use an email address @webpro-solutions.co.uk or @web-project.co.uk.
This Agreement constitutes the complete statement of the agreement between you and WebProject, and supercedes all representations, understandings or prior agreements
between you and WebProject .
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| WebProject reserves the right to modify these terms at any time. This Agreement is governed by the laws of England and Wales. |
