POWERNET SCRIPTS TERMS AND CONDITIONS OF USE AGREEMENT READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE SOFTWARE. DOWNLOADING, INSTALLING OR USING SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PROCEED TO THE NEXT SCREEN.
1. License. In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, PowerNet ("Licensor" or "us" or "we") grants Licensee the non-exclusive license to use the accompanying software ("Software") and documentation ("Documentation"). In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product." All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only be used in conjunction with one web site. Licensee is required to purchase additional licenses of the Licensed Product for each additional web site. Use of the Software on more than one web site without proper licensing will result in termination of all of Licensee's rights to use the Licensed Product. Licensee's login information for the Owners Lounge is for use of Licensee only. Licensee shall not provide Owners Lounge login information to any third party under any circumstance, and this Agreement shall automatically terminate in the event of such action. Licensee shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy, modify or create derivative works the Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.
2. Term and Termination. This License Agreement is effective until terminated. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions contained herein. Upon termination of this License Agreement for any reason, Licensee shall permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
3. Restrictions On Transfer and Use. Licensee may not transfer, in whole or in part, the Licensed Product to any third party, including a transfer contemporaneously with the sale of the web site, assets or stock of Licensee. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Use of the Software for remote hosting of software for third parties is forbidden and may result in termination of your License Agreement.
4. Limited Warranty. Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
5. Limitation Of Liability. LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR FOR ANY INSTALLATION SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF LICENSOR IS FOUND LIABLE FOR DAMAGES BY A COURT OF LAW, THEN THE MAXIMUM, IN THE AGGREGATE, OF DAMAGES SHALL BE THE AMOUNT THE PAID BY THE LICENSEE TO LICENSOR HEREUNDER.
6. General. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the substantive and procedural laws of the State of Iowa, without regard to conflicts of provisions. All disputes shall be resolved in the courts located in Linn County, Iowa. Licensee's obligations hereunder shall at all times be subject to the export control laws and regulations mandated by the Federal Government. You agree that you will comply with all export control laws and regulations.
7. Technical Support. Once you have licensed the Software, priority technical support is available via a support ticket system for three (3) months from the date of purchase. Additional priority technical support can be purchased in one (1) month intervals at the then current rates. Purchase of additional domain licenses does not include additional priority technical support. Technical Support can be accessed through our Owners Lounge.
Standard support is available free of charge for the lifetime of your license through our owners lounge help forums. Our standard support service has a minimum 48 hour response time. If you have an urgent issue that you need a response to, we recommend using our priority support service which can be purchased for a small fee if your three (3) months of included priority support have expired.
Technical support may be discontinued for older versions of our products at any time. If you are using a version for which support has been discontinued, you will need to upgrade to a newer version in order to receive further support.
In order to receive technical support, you must have an unedited copy of the Software running on your server. The only sections of code that you may edit are those that are mentioned in the documentation for the Software. Any other editing of the Software will result in the loss of technical support. We do not provide technical support for modified Software.
For priority technical support requests, please allow 24 hours for a response. We do not have a 24-hour staff to handle the requests we get, so please be patient when requesting assistance. For standard support requests, please allow a minimum of 48 hours for a response. We do not provide telephone correspondence for sales or tech support at this time. We are a small company with limited resources, and are not able to offer that service. To date, we have been able to successfully resolve ALL tech support issues through e-mail and the help boards, so just because we don't offer phone support doesn't mean we can't help. Some issues may require that we login to your server through a shell or FTP. If you are unable or unwilling to provide us with login information, we may be unable to assist in troubleshooting the problem. In these cases you will need to handle your own troubleshooting.
The tech support staff will be able to assist you with problems you encounter with the Software itself (software generated error messages). It is assumed that your server meets the requirements of the software. The tech support staff can not offer server administration services to get your server properly configured to run the software. Configuring the software templates to match your site, setting up banners for your members to use, etc. is solely your responsibility. If you are having problems getting your site to look how you want it, we can offer limited template support by identifying which files need to be edited and what the available template options do. It is assumed that you have a solid understanding of HTML on the source level. The tech support staff members are not HTML developers, and cannot provide you with any template customization services. If you do need to have a template created, we may be able to offer that service for an additional charge.
If you alter or modify the Software which results in the Software ceasing to function or not to function properly, there will be an additional fee if you require us to correct the error.
8. Refund Policy. We do not refund any monies for return of the Licensed Product. ALL SALES ARE FINAL. The operating system and other requirements are clearly stated, so make sure that your system meets those requirements before you purchase the Licensed Product. Prior to your purchase you have the opportunity to view the demo and ask us questions to make sure that the Software suits your needs - no refunds will be given on the basis that the Licensed Product does not meet your requirements. Any refunds or charge- backs processed without the consent of PowerNet will result in legal action against you for breach of the software license.
9. Installation Policy. If you require that we install the Software for you, there is an additional fee for that service. The fee varies based on the product. Current pricing can be found on our website or by contacting the sales staff.
Installation consists of us asking you a series of questions, getting your server login information, uploading all required files, setting all the variables according to your answers, and making sure the script is operating properly within your server capabilities. Once that is completed, we will contact you with the information you need to begin working with the Software.
We do not setup any HTML for you, and we also do not setup cron scripts or crontab entries if that is an option for the script you are purchasing. A standard installation is done based on the installation instructions provided with the software. Utilities, add ons, and both optional and required modules for the software to function are not included in the installation unless specifically noted at the time of purchase. The Software comes with default HTML, and that is what will be used during the installation. All modifications to the software templates must be created and entered into the script by yourself or your site's webmaster. This is done through a web based interface wich allows you to modify the HTML code and template values.
During the installation we will attempt to setup the script so that it can send e-mails. Unfortunately, some servers have restrictions on web software sending e-mails, so this is something we cannot guarantee. All other functions of the Software are covered in the basic installation.
By providing your login information to us for installation services you are authorizing us to access your web site, make changes, create directories, upload files and all other necessary actions to get the software installed and operating pursuant to our standard specifications. Additionally, you are permitting us to retain the login information for future technical support, should it be needed and for removal of the Software in the event your license is terminated pursuant to the terms hereof. You will indemnify and hold us harmless for all damages that arise from our access to your site and hold us harmless for, and hereby expressly assume all risk for, any violation of your agreement with your web site host or provider.
Installation services are only available for servers that meet the software requirements. We do not offer installation services for servers that do not meet the software requirements.
The installation fee covers the initial installation of a single instance of the software you have purchased the service for. Any upgrades or additional installations will require an additional fee. Unless specifically requested, all installations are done with the latest stable release of the product you purchase. Installation of beta versions will only be done if specifically requested at the time of purchase
10. Confidentiality and Linking. Your personal information will be kept confidential and will not be disclosed to a third party unless we are presented with a court order ordering us to do so. The Software may enable collection of personally identifiable information and you as the owner are solely responsible for compliance with the Children's Online Privacy Protection Act.
We reserve the right to use your web site URL as an example for other potential customers to view. We reserve the right to link to your site whenever you are using the Software. The Software contains links to our web site at the bottom of some of the pages. This is done to provide us with an inexpensive way of advertising, and in turn allows us to offer you the most affordable prices possible. Removal or alteration any of these links is strictly forbidden. If your web site is found to have removed or altered the link, your Owner's Lounge access will be permanently disabled and this License Agreement terminated. We offer a special version of the Software for an additional fee that does not contain links to our site. Beta or other types of test releases may not have a link removed version available.