This agreement sets out the terms and conditions ("Terms and
Conditions") applicable to customers of SimplytheBest Inc. ("SimplytheBest
or SIMPLYTHEBEST").
By ordering our products you bind yourself to this agreement and certify that
you do, in fact, agree to this license agreement ("Agreement") in full.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SIMPLYTHEBEST
SCRIPTS ("Software") ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS.
SIMPLYTHEBEST DISCLAIMS ANY IMPLIED WARRANTIES. SIMPLYTHEBEST, ANY OF ITS
EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE
FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT
OR SOFTWARE PROVIDED BY SIMPLYTHEBEST, INCLUDING DIRECT OR INDIRECT, PUNITIVE,
AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF
SERVICES, OR TERMINATION OF SERVICES. THE SOFTWARE IS PROVIDED "AS IS" AND YOU
ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SIMPLYTHEBEST, EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, SIMPLYTHEBEST DOES NOT REPRESENT
OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE,
COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN
ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE
CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. THOUGH SOME STATES DO NOT
ALLOW EXCLUSION OF AN IMPLIED WARRANTY, YOU EXPLICITLY AGREE THAT THIS
DISCLAIMER APPLIES TO YOU.
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN
NO EVENT SHALL SIMPLYTHEBEST BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR
STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF
PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF
ANY RELATED SERVICES, EVEN IF SIMPLYTHEBEST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SIMPLYTHEBEST'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO
SIMPLYTHEBEST FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE SIMPLYTHEBEST FROM
ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
THOUGH SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU EXPLICITLY AGREE THAT THE LIMITATIONS
OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH APPLY TO YOU.
Software installation services may be provided free of charge, however may also
be provided on a fee basis. This is decided on a case by case basis and may be
influenced by the type of product ordered, the nature of the server to be
installed upon, the geographical location of the server and the type of software
the server operates on.
When you place an order for SIMPLYTHEBEST Software, you are entitled to use such
software on ONE DOMAIN NAME and SERVER. Additional domain name licenses must be
purchased at the retail rate posted on our Web site. Special offers may or may
apply to additional license orders. You are entitled to create one copy of the
Software for backup purposes, however may not utilize it for use on another
domain name.
All sales of our products are final unless otherwise decided. Decisions are to
be placed only in the hands of the SIMPLYTHEBEST agent handling your request. No
refunds will be issued, guaranteed or promised. Once we issue a registration
number or registered copy there is no way for us to recall, or rescind a
registration number or registered program that has already been issued to a
customer. Essentially, once the registration information or program has been
issued there is no way for us to guarantee that a customer has not, or is not
continuing to use the product. SIMPLYTHEBEST does not accept any returns nor
make any refunds for the Software. Refunds are NOT given if server
specifications do not meet requirements as listed on our corresponding product
info page. Refunds are NOT given for unsuitability to a web server requirement
for which the requirements are clearly listed on the product site. Refunds are
NOT given for missing features or missing capabilities for our products which
feature a fully functional online demo. The customer is responsible for
determining if the product is suitable by using the demo. Refunds are NOT given
for installation fees or other non-product labor costs.
SIMPLYTHEBEST provides limited free support. Additional support and updates are
charged. Support will be denied if the client has abused the service or is not a
legitimate client (e.g. has not paid for the product, obtained the product
illegally, has altered the product, etc.)
SIMPLYTHEBEST STRICTLY PROHIBITS THE ALTERATION OF OUR SOFTWARE. Doing so will
void all support contracts and agreements. By altering our product you voided
your agreement with us. If you require modification of our products, you will
need to email us for prior approval. Any customization, translation,
modification, addition, or revision of the source code of the Software does not
contain right to selling, licensing, giving away, or otherwise distributing such
source code either in full or any subpart thereof. The creation of derivative
works based on or through the use of the source code of the Software is
prohibited. If you add additional program code to the Software or modify the
source code of the Software, or
extend its functionality in any way, you automatically grant us the full
copyright of any such addition or modification. This license
prohibits selling, licensing, giving away, or otherwise distributing the source
code for any of the scripts contained in the Software, either in full or any
subpart thereof or any how modified. Nor may you use this source code, in full
or any subpart thereof, as part of another program that you either sell,
license, give away, or otherwise distribute via any method.
SIMPLYTHEBEST STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR SOFTWARE.
DO NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION. SIMPLYTHEBEST will take legal action against any users that are found to be pirating
SIMPLYTHEBEST Software. In addition SIMPLYTHEBEST heBest will report any users found
pirating other products to the products developer or carekeeper.
The Software (including but not limited to any images, photographs, animations,
video, audio, music, text, and modules incorporated into the Software) is owned
by SIMPLYTHEBEST and is protected by international copyright laws and treaty
provisions. Copyright infringement under this Agreement shall also include the
act of appropriating any of the concepts, techniques, programming methods, or
algorithms contained in the source code for the Software if the infringing party
viewed or otherwise had access to the source code in any way, even if the source
code of the infringing product has been modified or obfuscated so as to appear
different from the source code of the Software. Access to the source code of the
Software by the infringing party shall constitute proof of copyright
infringement.
In the event that your breach of any provision of this Agreement is proved by a
court of competent jurisdiction, you agree that you shall reimburse
SIMPLYTHEBEST for all expenses related to the enforcement by SIMPLYTHEBEST of
its legal rights under this agreement, including but not limited to its
attorneys' fees, court costs, administrative fees, and all other relevant costs,
fees, and expenses incurred by SIMPLYTHEBEST that are associated with enforcing
its legal rights under this Agreement.
All software is delivered via download.
You agree that, in order to maintain your ongoing license to use the Software,
SIMPLYTHEBEST shall have the right to post reasonable amendments to this
Agreement online from time to time at its Web site(s), and that you shall be
bound by such amendments. Such amendments must be designed to protect the
intellectual property rights of SIMPLYTHEBEST in the Software and may not impose
additional or ongoing fees for using the Software other than those that you
agreed to or that were in effect at the time that you licensed the Software. You
agree that it shall be your responsibility to monitor the license agreement
posted online and ensure ongoing compliance with its terms. If you disagree with
any amendments posted under this section, your sole recourse shall be to
terminate this Agreement and your usage of the Software.
The terms set forth in this Agreement and any related service agreements
constitute the final, complete and exclusive agreement with respect to the
Software and may not be contradicted, explained or supplemented by evidence of
any prior agreement, any contemporaneous oral agreement or any consistent
additional terms. Should any term or provision hereof be deemed invalid, void or
unenforceable either in its entirety or in a particular application, the
remainder of this Agreement shall nonetheless remain in full force and effect. Any
term of this Agreement may be amended and the observance of any term may be waived
only with the written consent of SIMPLYTHEBEST. The failure of SIMPLYTHEBEST at
any time or times to require performance of any provision hereof shall in no
manner affect its right at a later time to enforce the same unless the same is
waived in writing. If you have any questions concerning this Agreement, please
email us at mail[no-spam]@simplythebestscripts.com. [BACK] |
