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Go Simple CMS - SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is made and effective by the software download, between the software developer ("Developer") and its buyer ("Licensee").
Developer has developed and licenses to users its software program marketed under the name Go Simple CMS (the "Software").
Licensee desires to utilize a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
1. License.
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software as set forth in this Agreement. Licensee acknowledges that this is only a limited nonexclusive license. Developer is and remains the owner of all titles, rights, and interests in the Software.
2. Restrictions.
Although Licensee is allowed to modify this software and re-sale it as part of another software solution, it shall not re-sale this software as a standalone content management system for websites or any other application or license it or sublicense or copy or duplicate or reproduce or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes. This license is only for use on the domain names quantity informed in the purchase.
3. Fee.
In consideration for the grant of the license and the use of the Software, for one single web domain name, Licensee agrees to pay Developer the sum of non refundable $19.90 USD for a single domain name license. For more than one domain name license, Developer reserves the right to change that ammount and offer a discount, which is informed in the software's website. There is no refund to Licensee or any money back neither money back guarantee of the amount of the license fee at any time and in any conditions.
4. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software and has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer procure the right to use the Software.
5. Warranty of Functionality.
As this software is a source code that depends on frameworks and other third party software, like operating systems and web browsers, there is no guarantee for the software operations and no guarantee that the software will work. The Licensee understands that it is buying the software's source code, with no guarantee that it will work. The software might work when used with the appropriate computer equipment and its depending software, as indicated in the software's website. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved or advised by Developer. Developer provide the software "as is" without warranty of any kind.
6. Software Maintenance and Support.
There is no software maintenance and there is no support provided by the Developer, for the software or any other product or service related to it. The Licensee understands that is buying the source code, with no additional further service, from the Developer.
7. Payment.
Payment of the license fee shall be made upon download of the Software. Payment of any amount owed by Licensee to Developer pursuant to this Agreement shall be paid by the time of the software download. In the event any overdue amount owed by Licensee is not paid following ten (10) days after the software download, then in addition to any other amount due, Developer may impose and Licensee shall pay a late payment charge at the rate of ten percent (10%) on any overdue amount. There is no refund to Licensee, of the amount of the license fee at any time and in any conditions.
8. Taxes.
In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer. In no event shall Licensee be obligated to pay any tax paid on the income of Developer or paid for Developer's privilege of doing business.
9. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
11. Developer's protection
Licensee agrees to defend and indemnify Developer and hold Developer harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations. All title, copyright, and all other intellectual property rights in and to the Software are owned by the Developer. Licensee is responsible for the use of the software and understands that makes use of it at own risk. Developer is not responsible for any problems that the use of the software could cause.
12. FCKEditor
Licensee understand that Licensee is NOT buying the WYSYWYG HTML editor FCKEditor incorporated in this software, which is all the files located under the folder /FCKeditor. Licensee understands that Licensee MUST satisfy the FCKEditor’s license, according to how Licensee is going to make use of it. More information is found at: http://ckeditor.com. This License doesn't apply to the FEKEditor.
13. Other Third Party Resources
Licensee understand that Licensee is NOT buying the icons files located under the folder /Admin/Images that are part of the FAMFAMFAM Icons set. Licensee understand that Licensee MUST satisfy the FAMFAMFAM Icons license, according to how Licensee is going to make use of it. More information is found at: http://www.famfamfam.com/lab/icons/silk/. This License doesn't apply to the FAMFAMFAM icons.
14. Notice.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
15. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of Massachusetts - USA.
16. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior approval of Developer.
17. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified at any time by the Developer, without any previous notice. Developer has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
18. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
19. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
20. Developer and Licensee have executed this Software License Agreement by the time of the download of this software. By downloading this software, the Licensee agrees with the terms and conditions of this agreement.