End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. ScotsScripts.com ("LICENSOR") IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ERASE ALL COPIES OF THE SOFTWARE, DOCUMENTATION AND ALL OTHER COMPONENTS OF THE SOFTWARE FROM YOUR COMPUTER'S MEMORY AND CERTIFY TO LICENSOR THAT YOU HAVE DONE SO WITHIN SEVEN (7) DAYS OF DOWNLOADING THE SOFTWARE.
Grant of License.
Licensor hereby grants to you ("Customer") a non-exclusive, non-transferable license to use the Software solely in accordance with the terms of this Agreement. For the purposes of this Agreement, ("Software") means the software programs, MIVA Merchant modules, documentation accompanying this Agreement, and any online documentation. This Agreement permits Customer to use one copy of the Software on one MIVA Merchant Domain ("Domain") and on one Store within that Domain. Customer may make one copy of the Software for archival and backup purposes. The Software is protected by copyright laws and international copyright treaties and other laws regarding trade secrets and other intellectual property rights. Title and full ownership rights to the Software and any and all copies of the Software remain with Licensor.
Intellectual Property Rights.
The Software and any copies that you are authorized by ScotsScripts.com to make are the intellectual property of and are owned by ScotsScripts.com. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ScotsScripts.com and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being Used. You may not copy the Software, except as set forth in Section 1 ("Grant of License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by scotsscripts.com.
Use of Software.
Licensor will provide Customer with a license key to activate the Software. The Software may be used only for, by, and on behalf of Customer. Customer may not transfer any of its rights hereunder. In no event may Customer transfer the software to any person, entity or other end user in violation of applicable U.S. export law, including, but not limited to, any transfer for use outside the country in which it was originally licensed.
Mailing List and Marketing.
Customer understands and agrees that by agreeing to this License, you are "opting in" to a mailing list. ScotsScripts.com will use information supplied by you to contact you with marketing and technical information in a variety of ways including, but not limited to, electronic mail, postal mail, telephone and fax. If you do not wish to receive marketing and/or technical information from ScotsScripts.com, you may use systems provided by ScotsScripts.com to "opt out" of the mailing list.
Term and Termination.
This Agreement may be terminated by mutual consent, or by election of either Customer or Licensor in case of the other's unremedied material breach. In case of any termination of this Agreement, Customer will immediately return to Licensor all the Software components that Customer has obtained from Licensor and any copies in Customer's possession, and will certify in writing that all such components AND all copies of the Software have been returned or destroyed, and all copies erased from the memory of Customer's computers.
Disclaimer of Warranties.
Licensor does not warrant that the functions contained in the Software will meet Customer's requirements or that the operation of the Software will be error free. The Software is licensed on an "as is" basis. The entire risk as to the quality and performance of the Software is solely with Customer.
No other warranties, express or implied are made with respect to the software, including, without limitation, warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so this exclusion may not apply to you. If applicable law requires any warranties with respect to the software, all such warranties are limited in duration to ninety (90) days from the date of delivery.
You understand that the software was designed to supplement software and/or other products produced and/or provided by MIVA Small Business. Licensor does not endorse and is not affiliated with MIVA Small Business, and does not control MIVA products. Licensor is not responsible or liable for any upgrades, updates, enhancements or future releases of MIVA Small Business software or products that may be incompatible with the software or render the software ineffective. Licensor does not warrant that the software will work effectively with any upgrades, updates, enhancements or future releases of MIVA Small Business software or other products.
ScotsScripts.com reserves the right to determine whether requests for support are deemed within the scope of support services.
For software that is provided to Customer free of charge, ScotsScripts.com provides no technical support or remedies for the software.
Limitation of liability.
To the maximum extent permitted by applicable law, in no event shall licensor be liable to customer for any incidental, special, punitive, exemplary or consequential damages of either customer or a third party against customer (including, but not limited to, loss of data or information, lost profits, business interruption or other pecuniary loss) arising out of or in connection with this agreement or use of or inability to use the software even if licensor has been advised of the possibility of such damages. In no event shall licensor be liable for damages for any cause whatsoever (whether based in contract, tort or otherwise) in excess of the amount paid to licensor by customer for use of the software. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Other Restrictions and Limitations.
Customer agrees that (1) it will not copy the Software except as permitted in Section 1; (2) it will not reproduce, deactivate, or bypass any security device supplied with the Software; (3) it will preserve and respect Licensor's copyright and the notice of copyright included in the Software; (4) the Software contains information which is confidential AND proprietary to Licensor, and Customer will not disclose or transfer or otherwise provide to any third party all or any part of the Software without the express written consent of Licensor; (5) it will not disassemble, reverse compile or reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural framework of the Software; (6) it will not rent or lease the Software; and (7) it will not modify the Software.
Customer will be deemed to be in breach of this Agreement if Customer violates any covenants or obligations imposed on it under this Agreement.
License by U.S. Government.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227-14 (g)(3)(ii) as applicable. Contractor/Manufacturer is ScotsScripts.com, 3313 Alderwood Ave, Bellingham WA, 98225.
General Terms and Conditions.
The terms and conditions of any purchase order or other ordering document issued by Customer in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Licensor and shall not be deemed to modify this Agreement. This Agreement constitutes and expresses the entire agreement and understanding between the parties in reference to all matters referred to herein and any and all previous agreements, discussions, promises, representations, and understandings between the parties relative thereto are merged herein and superceded hereby. This Agreement shall be governed by the laws of the State of Washington and shall inure to the benefit of Licensor, its successors, and assigns. All rights not specifically granted herein are reserved by Licensor.