TEMPLATE SHAKER LICENSE AGREEMENT
Your use of WonderWebWare TemplateShaker is governed by the terms of this End User License Agreement (EULA), as well as by copyright law. The EULA is the contract between you and PUBLISHER, regarding your use of this Software Product.
BY INSTALLING, COPYING OR OTHERWISE USING THIS COMPUTER PROGRAM (SOFTWARE PRODUCT) AS DEFINED BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, COPY, DISTRIBUTE OR OTHERWISE USE THIS SOFTWARE PRODUCT.
(A) "PUBLISHER" OR "WONDERWEBWARE" OR “LICENSOR” MEANS WONDERWEBWARE.COM (OWNED AND OPERATED BY VLADISLAV HRISTOV) AND ITS SUPPLIERS AND LICENSORS, IF ANY.
(B) "TEMPLATESHAKER" OR “SOFTWARE PRODUCT” MEANS THE COMPUTER PROGRAM ITSELF (WITHOUT THE TEMPLATE FILESS GENERATED BY USING THIS PRODUCT WHICH ARE COVERED BY SEPARATE LICENSE)
(C) "TEMPLATE" MEANS THE WEB-SITE TEMPLATE GENERATED BY TEMPLATESHAKER SOFTWARE, INCLUDING ALL HTML FILES, CSS FILES, IMAGES, PHOTOS AND/OR ANY OTHER FILE, GENERATED BY TEMPLATESHAKER SOFTWARE
Publisher License Agreement
This is a legal agreement ("Agreement") between you (an individual or an entity), the end user ("RECEPIENT") of this computer program (Software Product), and WonderWebWare.com ("PUBLISHER"). This Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
[COPYRIGHTS] All copyrights to TemplateShaker (Software Product) are exclusively owned by the PUBLISHER (WonderWebWare.com). All title and intellectual property rights in and to the Software Product are owned by PUBLISHER or its suppliers.
[GRANT OF LICENSE] This Agreement grants RECEPIENT the following rights provided that RECEPIENT complies with all terms and conditions of this Agreement:
(1) PUBLISHER grants to RECEPIENT a limited, non-exclusive, nontransferable, non-assignable license to:
(1.1) install and use one copy of the executable code of the Software on computer residing on RECEPIENT's premises
(1.2) All other rights are reserved to PUBLISHER (wonderwebware.com). RECEPIENT shall not rent, lease, sell, sublicense, assign, or otherwise transfer any portion of this Software Product (except the TEMPLATES generated by using the Software Product). RECEPIENT may not reverse engineer, decompile or disassemble any portion of this Software Product.
(2) RECEPIENT agrees to provide reasonable comments and feedback to PUBLISHER, including but not limited to usability, bug reports and test results, with respect to Software Product testing. All bug reports, test results and other feedback provided to PUBLISHER by RECEPIENT shall be the property of the PUBLISHER and may be used by PUBLISHER for any purpose. Due to the nature of the development work, PUBLISHER provides no assurance that any specific errors or discrepancies in the Software Product will be corrected.
[TERM] The term of this Agreement shall commence on the date accepted by RECEPIENT and shall continue until terminated by PUBLISHER in writing at any time, with or without cause or terminated by RECEPIENT - by de-installing and removing Software Product and stop using it.
[SUPPORT, UPDATES] PUBLISHER is not obligated to provide maintenance, technical support or updates to RECEPIENT for the Software Product provided to RECEPIENT pursuant to this Agreement. However, PUBLISHER may provide updates, further versions, technical support, to RECEPIENT. PUBLISHER may provide RECEPIENT a copy of the commercial release version of the Software Product in connection with RECEPIENT's participation in the testing of this Software Product. However, in no event shall PUBLISHER be obligated to provide RECEPIENT a copy of the commercial release version of the Software Product in connection with RECEPIENT's participation in the testing program. PUBLISHER is not obligated to make the Software Product commercially available.
[DISCLAIMER OF WARRANTIES] THIS SOFTWARE PRODUCT IS PROVIDED "AS-IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU (RECEPIENT) USE THIS SOFTWARE AT YOUR (RECEPIENTS) OWN RISK. WONDERWEBWARE.COM SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WONDERWEBWARE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, OR FOR ANY OTHER CLAIM BY THE USER OR FOR ANY THIRD PARTY CLAIM.THE SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ACCORDINGLY, WONDERWEBWARE.COM AND ITS LICENSORS PROHIBIT USE OF THE SOFTWARE IN CONNECTION WITH SUCH ACTIVITIES, AND SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES.
[RESTRICTIONS] RECEPIENT may not emulate, clone, rent, lease, sell, modify, decompile, disassemble or otherwise reverse engineer this Software Product, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution