MotoCMS.com End-User Software License Agreement
This MotoCMS.com End-User Software License Agreement (“EULA”) is a legal agreement between you (either as an individual user, corporation or single entity) and MotoCMS.com. (“MotoCMS”) for the Moto CMS product – which includes computer software, and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this End User License Agreement (“EULA”), including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use the SOFTWARE PRODUCT.
MotoCMS.com hereby grants you a non-exclusive right to use this software in compliance with the all terms contained in this License Agreement.
Copyright © 2008-2010 MotoCMS.com, all rights reserved. This software and all attached assets are the property of MotoCMS.com. The software is protected by copyright laws of the United States of America and other countries.
The license structure is based on server or electronic media installation. One license is required per domain (website) or other installation. The price per license is stated on the MotoCMS.com website along with any special promotional offers.
One unique registration key is required for each website, extranet, intranet (domain or IP address), or installation. One unique registration key is required for each domain directory or personal web space. There are no audience license limitations or restrictions “user seat” for this software product.
Transferring of License
Only one registered copy may be operating at any given time according to this agreement and no license transfer is permitted. Developers may install a registered copy on their testing / development server before passing project to a client without having to acquire an additional license for the testing/development server. Developer and/or owner shall attach this license agreement to all works created and forward license along with works to owner and/or new owner.
Validation and Activation
During activation Software contacts MotoCMS server to initiate a validity check and send information about your MotoCMS Software copy to a MotoCMS site. A validation check confirms that you are properly licensed and permits you to continue using the software or certain features of the software.
No part of this software may be duplicated, decompiled, reversed engineered, sold, resold, sub-licensed, made part of another work, distributed, printed, or posted via any media without the written consent of MotoCMS.com with the following exception or as otherwise stated under this license agreement.
Exceptions: Product duplicated for backup purposes or downloaded / duplicated for audience viewing / use via a web browser or similar viewing / use system. Product included as part of website, intranet, extranet, or other electronic media and sold / transferred from developer to client owner (such works may not include websites that sell this, similar, or like products).
MotoCMS.com reserves the right to gather data by any means on registration key usage, installation location, server IP addresses and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this License Agreement. Contact us for any special license requests.
In using and/or owning a license of this software you agree not to patent any works or partial works that are derived or make use of this product or any of its technology. The user and/or owner of a license is responsible and fully liable for any patent infringement issues arising from any works that include this product and/or its technology. The user and/or owner agrees to correct and/or remove all material and/or copies that infringe on patent(s) at their own expense and hold harmless and indemnify MotoCMS.com and owner(s) from all claims and expenses as outlined in the indemnification section below. No refunds or replacements will be provided due to any patent infringement issues.
Warranty and Disclaimer
THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In using this software, you agree to defend, indemnify, and hold harmless MotoCMS.com and owner(s) from all liabilities, claims, and expenses, including attorney’s fees, that may arise from your use or misuse of the product or related assets. MotoCMS.com and owner(s) reserve the right, at your expense, to assume and take up the exclusive defense and control of any matter otherwise subject to this indemnification by you, in which event you will cooperate with MotoCMS.com and owner(s) in asserting any available defenses.
Changes To Agreement
This agreement may be changed or amended at any time without prior notice. Use of product must comply with all amendments and/or license modifications. We reserve the right to serve the user and/or owner with an updated copy of the agreement and user and/or owner agrees to use and/or install the product or a revised product in compliance with the new or amended agreement.
The product package includes all files required for installation and customization of the product. The software application source code, graphic resources, source artwork, FLA files, and AS files are not part of the product package and not issued under this License Agreement. HTML and PHP source code contained in the product package is the copyright of MotoCMS.com and distributed under this License Agreement. Copyright notice must remain intact when copying or modifying open source code, ActionScript, HTML, PHP, and the like.
Modules and Alterations
The terms contained in this License Agreement also apply to any modules, customized product, or alterations made by MotoCMS.com. This License Agreement extends to such modules or customized works even if packaged separately.
Terms and Termination
This Agreement is effective upon your downloading, accessing, and using the software. MotoCMS.com may terminate this License Agreement if you breach any term of the Agreement by giving you written notice of your breach and the decision to terminate the Agreement.
The function, performance, and operation of this product is dependent on other software / hardware technologies. This may include operating systems, computers, web browsers, viewer software (projectors), plug-ins, and/or networks. The product was developed and constructed to operate with most dependent technologies at the time of development. Online tools for programming / configuring the product are made available as-is and not a part of the map product. The programming, configuring, or operation of the map product is not dependent on tool availability or existence. The online tools are a separate product / service offered by subscription under a separate license agreement.
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