RedandBlue Graphics :: ASP License Information

ASP License Information

ASP License Information

Terms & Conditions/License Agreement

LICENSE AGREEMENT

By using or installing any software product created by AspDotNetStorefront.com, (hereafter referred to as Company) including software components, source code, and the corresponding documentation herein referred to as "Software"), you, as a Developer or Merchant (herein referred to as User) are agreeing to be bound by the terms and conditions of this Agreement. If you, as a Developer or Reseller, are purchasing the software for your client, the client is also bound by this agreement, and you must notify them in advance of this end user license agreement which will license their website.

 

1. DEFINITIONS

 

A Website will be defined as a single instance of the Software installed on a single physical or virtual computer, with the database residing on either that computer, or a single separate physical or virtual computer or group of computers that operate from an outside perspective as a single computer (commonly referred to as a database cluster).

 

A Production Website will be a Website installed and published to fulfill the purpose of making the website accessible to its ultimate intended audience such as User's customers, potential customers, partners, affiliates, employees, or anonymous internet users.

 

A Development Website will be defined as a Website installed privately for the purpose of performing customization, modification, design, or for pre-loading data, including but not limited to, products, categories, and customers.

 

A Staging Website will be defined as a Website installed and published solely for the purpose of testing changes to the Software or data used by the Software prior to publishing those changes to the Production Website.

2. LICENSE GRANT AND RESTRICTIONS

In consideration for the license fee paid at time of purchase and subject to the conditions set forth in this Agreement, Company grants to User, a non-exclusive, non-transferrable, non-sub licensable, worldwide right to use the Software to develop and deploy: 

  • One (1) development database/website,
  • One (1) staging database/website, and
  • One (1) production database/website

per license purchased. User must also take all commercially reasonable steps to prevent unauthorized use or duplication of Company's code. 

Licenses may only be transferred only by prior written consent and approval of Company, and by following Company specified license transfer procedures. By way of example, if User purchases a license as contemplated herein on behalf of a customer of User or otherwise intends to transfer such license to a customer of User, User MUST first obtain prior written consent and approval of Company to effect such transfer, and MUST follow all Company specified license transfer procedures. Any attempted transfer not in compliance with this Section 2 shall render the transfer null and void and any license granted to User for the purpose of such transfer shall immediately terminate. As of such termination, use of any Software subject to such terminated license grant will be deemed infringement of Company's intellectual property rights, subjecting any such user to all damages and remedies available to Company for such infringement.

 

The license grant of this Section 1 is also intended to allow User to integrate the Software into its applications provided:

*       User retains all copyright notices of Company in any products using the Software.

*       User prevents unauthorized use or duplication of Company's code as contained within any product(s) of User.

*       User may not resell, rent, lease or distribute the Software alone. The Software may only be sold and distributed as an integrated part of an application or system created by User. Resellers must obtain prior permission to resell.

*       User agrees that Software that is distributed as shareware or a demo may only be used for testing and evaluation purposes.

*       A valid copyright notice must be provided within the user documentation or source code that specifies Company as the provider of the Software bundled with applications of User, for example: "<<your application name>> contains software licensed from AspDotNetStorefront.com. These components may only be used as part of and in connection with <<your application name>>." 


3. LICENSE KEYS

 

User will be permitted to generate one (1) license key for a single domain name, IP address, or host/computer name for each Website allowed under this license.  Website's without a valid license key, or accessed via domain, IP Address, or host/computer name other than that for which the license key was generated, will display the text "THIS SITE MAY BE RUNNING UNLICENSED ASPDOTNETSTOREFRONT.COM SOFTWARE" or text that is materially similar in meaning.  User is not permitted under any circumstances to make modifications to the Software or the Website's visual design, or otherwise take action to hide, obscure, or make this text unreadable in any manner.

 

User will not be permitted to generate additional license keys other than those provided for specifically in this license agreement without the purchase of one or more additional or supplementary licenses.

 

4.  LICENSE RELATED MODIFICTIONS

 

Without prior express written consent from Company, User is strictly prohibited from making any modifications to the Software that would in any manner interfere with, circumvent, or modify the Software's licensing mechanisms and restrictions.  This includes, but it not limited to, any modifications that would allow a Website to operate on domain names other than those for which the Website has valid license keys for, modifications that hide, obscure, or prevent the display of text stating that the website is not properly licensed, or modifications that would cause the Software, either in functionality or appearance, to operate or be perceived to operate in a manner that would create separate physical or logical Websites from a single licensed installation.  Users deemed to be in violation of this section at the sole discretion of Company will be required to immediately purchase any additional licenses required to comply with this Agreement.

 

5. SERVER FARMS, FAILOVER AND LOAD BALANCING

 

Should User desire to deploy the software in an environment which enables multiple servers to publish a single Website for redundancy or performance reasons (commonly referred to as load balancing or server farms), User is required to purchase supplementary server farm licenses for each licensed Website to be deployed in such an environment.

 

User is permitted, without supplementary licensing, to install one (1) Website on a web server and separate database server provided that the website is not accessible under normal circumstances, and such installation is used exclusively for the purpose of acting as a backup server group should the primary server group fail or need to be taken offline.

 

6. LICENSE FEES AND ACCEPTANCE

In consideration for the license grant of this Agreement, User has agreed to pay Company the amount set forth on www.aspdotnetstorefront.com (the "Website"), based on a tiered pricing levels based upon the number of storefront Websites for which the Software is to be used.

USER EXPRESSLY ACKNOWLEDGES THAT PRIOR TO SUBMITTING ANY PAYMENT TO COMPANY, THAT USER HAS REVIEWED AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

User shall keep complete and accurate accounts, records, books, journals, ledgers and data (the "Records") with respect to the number of storefront databases/websites created under this Agreement. Company and its representatives shall have the right, for cause, to inspect, copy and audit the Records and such other documents and computer records as may be reasonably necessary to verify the number of storefront databases/websites created under this Agreement. User shall retain all Records during the term of this Agreement and for at least two (2) years thereafter and make the same available to Company and its representatives within thirty (30) days after receipt of a written request for such records from Company. In the event Company determines a greater number of storefront databases/websites have been created other than as expressly authorized by Company, User shall pay to Company the extra license fees required to cover their installation plus 10%.


7. OWNERSHIP

The Software and any all intellectual property rights, including collateral and/or derivative rights associated therewith are the property of Company. Should any of rights relating to the forgoing become vested in User or a third party by User's use of the rights granted in this Agreement, User shall transfer and/or take all steps necessary, and without compensation to Company, to insure that all right, title and interest in the same vest fully and completely in Company.

The Software and any accompanying materials are copyrighted and contain proprietary information. Unauthorized copying of the Software or accompanying materials even if modified, merged, or included with other software, or of the written materials, is expressly forbidden, provided, User may make copies of the Software solely for backup purposes provided all proper legal notices are reproduced in their entirety on the backup copy. Company reserves all rights not specifically granted to Licensee. 

The Software and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the Software to others except under the conditions of this Agreement.

8. TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Company for failure to comply with any provision contained herein or if the funds paid for the license are refunded or are not received. Upon termination, User shall destroy the Software and all copies, in part and in whole, including modified copies, if any.

9. WARRANTIES AND INDEMNITIES

Although commercially reasonable efforts have been made to assure that the Software is correct, reliable, and technically accurate, the Software is licensed to User "AS IS" or to the maximum extent permitted by law, without any warranties as to performance of merchantability, fitness for a particular purpose or use, or any other warranties whether expressed or implied. User assumes all other risks when using the Software. User's sole and maximum remedy under this Agreement shall be US Five Dollars ($5). 

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE VALUE, CONDITION, DESIGN, FUNCTIONING, OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR USE OF THE SOFTWARE, FREEDOM FROM INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO ANY USERS OF THE SOFTWARE, INCLUDING USER, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE SOFTWARE. 

User further agrees to indemnify, hold harmless, and defend Company from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of User applications or services provided by User. 

User expressly acknowledges that any modification of the Software, whether or not permitted and irrespective of the extent of such modification, is beyond the control of Company, and as such, such modification shall void all warranties under this Agreement. 

The foregoing disclaimers and limitations on liability and remedies set forth above are fundamental elements of the basis of the agreement between Company and User. Company would not be able to provide the Software on an economic basis without such limitations. 

10. CONTROLLING LAW AND SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Nevada, as applied to agreements entered into and to be performed entirely within Nevada between Nevada residents. The courts of the State of Nevada, County of Clark, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this Agreement or your use of the Software. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

11. NON-WAIVER

The failure by either party at any time to enforce any of the provisions of this License Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this License Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.

12. SUCCESSORS; ASSIGNS

This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. Except as provided for herein, this Agreement may not be assigned by User without the prior written consent of Company.


13. USE OF SITE IMAGE


User grants a perpetual, world-wide, royalty-free license to Company to use and publish one or more screen shot captures of any User web sites using the Software , User's trademarks, logos or names and/or otherwise list User as a licensee of Company; provided, however, no such license shall be granted to Company if User sends an e-mail to Company stating objecting to such license within ten (10) days of downloading the Software.


14. TECHNICAL SUPPORT


Company offers free product upgrades for a period of 30 days from the date of this Agreement on all licensed Software products purchased by User. Additionally, Company provides five (5) free email-based technical support incidents for each licensed Software product purchased by User which may be used within 30 days of the date of this Agreement. Company shall have no obligations to end users of User products by virtue of this Agreement. User acknowledges that any modification of the Software is beyond the control of Company, and as such, user expressly acknowledges that the foregoing technical support is for the Software (and upgrades) only.


Assistance with installation on dedicated servers is limited strictly to providing a default installation of the Software utilizing existing, pre-installed prerequisite components.  Technical support will not be responsible for configuring or installing prerequisites such as Microsoft SQL Server, IIS, or Microsoft ASP.NET.  User is solely responsible for reviewing and securing any Websites installed by Company's technical support team.  Company is not responsible under any circumstances for problems resultant from Company's installation of the Software or performance of technical support related to the Software.  User is solely responsible for ensuring that adequate disaster recovery plans and procedures are in place.  Company reserves the right to refuse performance of installations or technical support on any dedicated server should Company's staff feel that performance of such tasks could interfere with or impact the operation of the dedicated server or other applications running on that server, and Customer's sole remedy for such refusal, at Company's sole option, would be the refund of any fees paid specifically for the tasks which have been refused.

 

AspDotNetStorefront is a robust shopping cart and content management solution, not a "WYSIWYG" application. Our storefront platform is designed for use by Asp.Net developers, and therefore usually requires some technical expertise to setup, operate and maintain database, web, and other hardware servers. Furthermore, expertise in at least HTML and the Asp.Net development platform is necessary. While we believe our solution works very well for any store owner, if you do not have this expertise, please consider working with a professional Asp.Net web developer or Information Technology specialist who can assist you with the setup, deployment, maintenance and operations of your e-commerce website on an ongoing basis. 

Technical support is limited to questions directly related to the Software, its setup (including interaction with SSL certificates), operation, and product features.  Company DOES NOT provide support for day to day operational storefront issues directly with, or on behalf of, store owners or developers. Company does not provide general IT services such as dedicated server setup and management, database or web server maintenance and backup, virus protection and/or updates, firewall maintenance, or other related hardware/software operations and maintenance even if such operation and maintenance is directly related to the installation and use of the Software.  The Software requires the use of certain third party components such as Microsoft Windows, Microsoft SQL Server, Internet Information Services, and the Microsoft Asp.NET framework.  Company does not provide support or assistance with these components in any manner, and use of any third-party component is pursuant to a separate license agreement directly between the User and such third-party component's vendor.

 

Company's technical support staff does not provide assistance with general internet related services such as hosting, domain name registration, domain name server (DNS) configuration, or Secure Socket Layer (SSL) certificate installation and maintenance.  These services are generally provided by a hosting services provider or IT professional.

 

All technical support is provided pursuant to AspDotNetStorefront's technical support policies, located at http://www.aspdotnetstorefront.com/t-support.aspx

 

15. SOURCE CODE PURCHASES

In the case User has also purchased a Source Code License, a separate Source License Agreement (SLA) will be required, and User must agree to SLA terms and conditions prior to being able to download and receive source code files. Returns are not allowed after SLA has been executed.


16. RETURNS

All sales of Software are final.  Upon User placing an order on this website, Company will review the order and send an email containing download instructions to User, and User will also simultaneously have access to software on the AspDotNetStorefront license management page located at http://www.aspdotnetstorefront.com/mylicenses.aspx.  No refund or order cancellation requests will be accepted once Company has sent the email containing download instructions to User.  User acknowledges that Company cannot be responsible for lost or misdirected emails, or emails deleted or made inaccessible by anti-virus, spam filtering, or mail client software.


17. COMPLETE AGREEMENT

This Agreement constitutes the complete agreement between User and Company. No amendment or modification may be made to this Agreement except in writing signed by User and Company.  


Please contact us with any questions or concerns regarding our licensing agreement.

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