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License Agreement
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License Agreement |
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END-USER LICENSE AGREEMENT
By purchasing, installing, or otherwise using the product identified above and/or its related materials,
you agree to be bound by the terms and conditions of this License Agreement.
READ CAREFULLY
This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single
entity, also referred to as "YOU") and DELUXE-MENU.COM for the software containing this LICENSE which
may also include the software's source code written in a high-level computer language, associated media,
printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE").
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties and contains confidential information and trade secrets.
DELUXE-MENU.COM retains all rights not expressly granted to you in this LICENSE.
I. GRANT OF LICENSE
DELUXE-MENU.COM hereby grants to you, and you accept, a non-exclusive, non-transferable license to install,
copy, use and modify the SOFTWARE only as authorized below.
1. TRIAL LICENSE
You are granted a license for evaluation purposes only. You are authorized to install, copy, and use the
SOFTWARE for the sole purpose of testing its functionality. You are not allowed to integrate it in end
products or use it for any commercial purpose.
2. NON-PROFIT LICENSE
You are granted a license for non-profit purposes only. This license allows the licensed developer to use the
SOFTWARE for ONE non-commercial Internet website. You are not allowed to use it for any commercial purpose.
You need to include a valid direct link to DELUXE-MENU.COM and copyright message on EACH page with the SOFTWARE
in a location viewable by the end-users.
3. SINGLE WEBSITE LICENSE
The SOFTWARE is licensed per individual developer, for life. Each individual using or otherwise accessing the SOFTWARE
for development purposes must obtain the right to do so by purchasing an individual product license.
SINGLE WEBSITE LICENSE has no run-time limitations and allows the licensed developer to use the software for
ONE Internet/Intranet website/domain. You may make copies on more than one computer, as long as the use of the
SOFTWARE is by the same developer.
4. MULTIPLE WEBSITE LICENSE
The SOFTWARE is licensed per individual developer, for life. Each individual using or otherwise accessing the
SOFTWARE for development purposes must obtain the right to do so by purchasing an individual product license.
MULTIPLE WEBSITE LICENSE has no run-time limitations and allows the licensed developer to use the software
for an UNLIMITED number of Internet/Intranet websites/domains.
You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer.
5. DEVELOPER LICENSE
The SOFTWARE is licensed per individual developer. Each individual using or otherwise accessing the SOFTWARE
for development purposes must obtain the right to do so by purchasing an individual product license.
You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer.
DEVELOPER LICENSE is for life and royalty-free. DEVELOPER LICENSE allows the licensed developer to use the software
for an UNLIMITED number of Internet/Intranet websites/domains, local machines, applications, servers, CD/DVD
presentations. You may distribute the SOFTWARE as part of your software product provided that:
* The SOFTWARE is not distributed in any form that allows it to be reused by any application other than
your solution.
* You inform your customers that they are not allowed to use the SOFTWARE independently from your software
product. For use of the SOFTWARE in design-time, your customers need to purchase the appropriate
number of Developer Licenses from DELUXE-MENU.COM.
* You need to include a valid copyright message in your software product in a location viewable by the end-users.
6. ENTERPRISE LICENSE
You are granted 5 (five) Developer Licenses as defined above for use within one company or enterprise.
As part of the ENTERPRISE LICENSE you are granted the right to view and modify the SOFTWARE's
source code only as authorized below:
* The SOFTWARE's source code is provided to the licensed developer for the sole purposes of education and
troubleshooting. The SOFTWARE's source code cannot be used as a basis of development of derivative works or of
their software products.
* Under no circumstances may any portion of the SOFTWARE's source code or any modified version of the source
code be distributed, disclosed or otherwise made available to any third party.
* DELUXE-MENU.COM DOES NOT provide technical support for modified source code.
* The SOFTWARE's source code is provided as is. Refunds are not available for licenses that include source code.
* In the event you develop any troubleshooting-related modifications of the SOFTWARE, either independently or
jointly with DELUXE-MENU.COM, such modifications and all rights associated therewith will be the exclusive
property of DELUXE-MENU.COM. You are granted the right to use such modifications as set forth in this agreement.
* You acknowledge that the SOFTWARE's source code contains valuable and proprietary trade secrets of
DELUXE-MENU.COM. All individuals employed by or belonging to your entity agree to expend every effort to
insure its confidentiality. You agree to assume full responsibility for such employees' or contractors' use,
or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any
information generally available to the public, independently developed or obtained without reliance on
DELUXE-MENU.COM information, or approved in writing for release by DELUXE-MENU.COM without restriction.
II. OTHER RIGHTS AND LIMITATIONS
* At no time may the SOFTWARE be used for development purposes by other individuals than the licensed developer.
* The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you.
* The SOFTWARE may not be distributed as part of products that have the same or substantially the same primary functionality.
* You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights.
Under no circumstances shall you grant further redistribution rights to the end-users of your solution.
* You may not use the DELUXE-MENU.COM product names, logos or trademarks to market YOUR SOFTWARE.
* You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer,
or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE
provided in object code form only.
* You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents
except as permitted in this LICENSE.
* You agree to indemnify, hold harmless, and defend DELUXE-MENU.COM and its resellers from and against any and all
claims or lawsuits including attorney's fees that arise or result from the use or distribution of YOUR SOFTWARE
III. DELIVERY
DELUXE-MENU.COM shall deliver to you a master copy of the SOFTWARE licensed hereunder in electronic files only.
Documentation shall also be provided in electronic format.
IV. UPGRADES
You are entitled to receive all version updates and support for the SOFTWARE for a period of 1 (one) year from the
date of purchase. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that
formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance
with the terms of this LICENSE.
V. TERMINATION
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. DELUXE-MENU.COM may
terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you
agree to remove and destroy all copies of the SOFTWARE and any applicable source code.
DELUXE-MENU.COM reserves the right to discontinue at any time any product, shall it be offered individually
or as a part of a product SUITE. However, DELUXE-MENU.COM is obligated to provide the proper level of support
for all discontinued products for a period of 1 (one) year after the date of discontinuance.
VI. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations,
video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies
of the SOFTWARE, and any trademarks or service marks of DELUXE-MENU.COM are owned by DELUXE-MENU.COM. All title
and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the
property of the respective content owner and may be protected by applicable copyright or other intellectual property
laws and treaties. This LICENSE grants you no rights to use such content.
VII. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. DELUXE-MENU.COM, ITS LICENSORS
AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SOFTWARE
IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS,
OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. YOUR USE OF THIS SOFTWARE IS SOLELY AT YOUR OWN RISK.
VIII. LIMITATION OF LIABILITY
DELUXE-MENU.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST DATA, REVENUE OR PROFITS, OR FOR ANY DIRECT OR INDIRECT
DAMAGES, INJURIES OR LIABILITIES, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF THE LICENSED SOFTWARE, INCLUDING BUT
NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF DELUXE-MENU.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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