PREAMBLE
- This agreement was borrowed and adapted from VS-TrEx Software License originally. That EULA in turn was derived from Ed Foster’s Fair EULA. We want to provide as fair a license agreement as we can.
- This agreement applies to all WBC shareware software.
- In plain English, the general intent and spirit of this license is to state that when you purchase this software, you are licensing it, that it does not contain spyware or viruses, that you may use the source code but not resell or redistribute it, that you use it at your own risk, and that refunds are available if and only if this software does not work as described and the problem cannot be fixed.
- We grant you one license to install and use this software on a single domain, for a single traffic exchange. By downloading and installing this software, you agree to this license.
- You may install and use the software on another domain, but the software may not be in use on more than one domain at a time unless you purchase additional licenses. You may make back-up copies of the software for archival purposes. You may permanently transfer your license to use the software to another party who will be bound by this agreement, provided you do not retain any copies of the software. In the event of a change of domain, or a change of licensor, we require that you notify us, so we are aware of the change. Note that support and upgrades WILL carry to the next licensor, based on the ORIGINAL license purchase date, as long as we are notified of the change.
- The software is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software code.
- However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage. You are hereby permitted to reverse-engineer this product to create non-competing, complimentary or compatible products. Your paid license includes the software source code, available upon request. The use of the source code or portions thereof are subject to these provisions.
- We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation.
- We have taken all reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
- This software will not phone home without informing you that it is attempting to do so and will require your express permission before doing so. It will not download or install patches for any reason without confirmation from you.
- This software will not download or install any third party software for any reason without confirmation from you.
- We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
- Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
- If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
- This agreement will be governed by the laws, including Article 2 of the Uniform Commercial Code, of the state of Florida.