Scripts By Owner

License Agreement

Scripts By Owner provides the owner of this license the right to install and run the script under the conditions listed in this agreement.

1. You receive the following license as mentioned above: i. Single Domain License This license allows you to use the script on only one domain name. A sub-domain is treated as another web site. ii. You may only remove the “powered by” link if you have purchased copyright removal for the script running on that particular domain name.

2. LICENSE TO CUSTOMER: Scripts By Owner grants to the customer a personal, non-exclusive license to use Scripts By Owner’s software under condition mentioned in section 1). In this License the term “Use” in relation to the Scripts By Owner’s software means the right to (i) copy Scripts By Owner’s software to install it on the designated computer, (ii) copy any portion of the Scripts By Owner’s software into the designated computer for processing of the machine instructions or data, (iii) display text and other images generated by Scripts By Owner’s software during processing on the designated computer and (iv) make copies of Scripts By Owner’s software for back-up or archival purposes.

3. LICENSE FEE: (a) The customer agrees to pay Scripts By Owner a one-time license fee. (b) License fee covers basic customer support to help with installation of the software. Additional services and support may be contracted for separately.

4. UPGRADE POLICY: This license is valid for the latest version of Scripts By Owner’s script as of the purchase date. Upgrades will be charged for separately.

5. INTELLECTUAL PROPERTY: The Scripts By Owner’s software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Scripts By Owner’s software is licensed not sold. Title to the Scripts By Owner’s software shall at all times remain with Scripts By Owner. You agree not to modify, decompile, reverse engineer, disassemble, decrypt or make other attempts to derive source code from Scripts By Owner’s software.

6. LIMITED WARRANTY: (a) Scripts By Owner warrants that Scripts By Owner’s software will operate in substantial conformity with the support materials delivered to the customer when used in accordance with the instructions set forth in the support materials. The warranty herein does not cover any media which has been subjected to damage or abuse by the customer or which has been altered or changed in any way by the customer. (b) The customer is solely responsible for (i) the suitability of the Scripts By Owner’s software to meet the customer’s requirements, (ii) the suitability and overall effectiveness and efficiency of the designated computer upon which the Scripts By Owner’s software is to operate, (iii) the provision of all data and all data entry. (c) SCRIPTS BY OWNER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED NOT CONTAINED HEREIN, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. SCRIPTS BY OWNER CANNOT AND DOES NOT WARRANT THAT THE SCRIPTS BY OWNER’S SOFTWARE WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE ERROR-FREE OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SCRIPT BY OWNER’S SOFTWARE WILL BE ACCURATE, RELIABLE OR CURRENT. THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS.

7. LIMITATION OF REMEDIES (a) Scripts By Owner will replace the original media containing the Scripts By Owner Software delivered to the customer which proves to be defective in materials or workmanship or which does not operate in substantial conformity with the support materials without additional charge on an exchange basis if the original media delivered to the customer is returned to Scripts By Owner within thirty (30) days of delivery to the customer. If Scripts By Owner is unable, or in its sole discretion unwilling, to provide a replacement copy of the Scripts By Owner’s software, if requested to do so by the customer, will refund to the customer an amount equal to the License Fee paid, provided the customer delivers to Scripts By Owner the Scripts By Owner’s software and support materials supplied to the customer pursuant to this Agreement and notifies Scripts By Owner of its intention to terminate this Agreement effective immediately. (b) THE REMEDIES SET FORTH ABOVE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND SCRIPTS BY OWNER’S SOLE AND EXCLUSIVE OBLIGATIONS. SCRIPTS BY OWNER AND THE CUSTOMER AGREE THAT IN NO EVENT SHALL SCRIPTS BY OWNER BE LIABLE FOR LOST PROFITS OR FOR ANY COMMERCIAL, ECONOMIC, SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGE, EVEN IF SCRIPTS BY OWNER HAS BEEN ADVISED OF, OR FORESEES THE POSSIBILITY OF, ANY OF THESE DAMAGES OCCURRING. THE CUSTOMER AND SCRIPTS BY OWNER AGREE THAT IN NO EVENT SHALL SCRIPT BY OWNER’S LIABILITY TO THE CUSTOMER EXCEED THE LOWER OF (I) THE AMOUNT PAID BY THE CUSTOMER TO SCRIPTS BY OWNER PURSUANT TO THE TERMS OF THIS AGREEMENT AND (II) THE LICENSE FEE PAID. (c) THE LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY THE CUSTOMER, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR OF ANY REMEDY CONTAINED HEREIN.

8. PROPRIETARY RIGHT INFRINGEMENT (a) Scripts By Owner will defend the customer against a claim that the support materials or Scripts By Owner’s software used as authorized under this Agreement infringes any patent, copyright, trade mark or trade secret and will indemnify the customer against all costs, damages and legal fees finally awarded against the customer resulting from such a claim, provided that the customer (i) notifies Scripts By Owner promptly in writing of any such claim, (ii) gives Scripts By Owner full information and assistance to settle and/or defend the claim, and (iii) gives Scripts By Owner full authority to control the defence and/or settle any such claim and provided that the claim is not based upon the use or combination of the Scripts By Owner Software with any software or hardware not supplied to the customer by Scripts By Owner, or the customer’s modification of the Scripts By Owner Software or the support materials. Scripts By Owner shall not be liable for any costs, expenses, or damages, incurred by the customer without Scripts By Owner’s prior written authorization, or if the customer fails to comply with conditions (i), (ii), or (iii) herein. (b) If the Scripts By Owner’s software or support materials become, or in Scripts By Owner’s judgment is likely to become, the subject of a claim that infringes a patent, copyright, trade mark, or trade secret, or if Scripts By Owner’s settles a claim of infringement, Scripts By Owner’s may at its sole option and discretion (i) obtain for the customer the right to continue using the Scripts By Owner’s software and support materials, (ii) replace or modify them to make them not infringing, or (iii) terminate this Agreement and refund to the customer an amount equal to the License Fee paid by the customer. (c) This section states the entire liability of Scripts By Owner and the exclusive remedy of the customer with respect to any claim of infringement or misappropriation of any industrial or intellectual property right including any patent, copyright, trademark, or trade secret.

9. SEVERABILITY - If any provisions of this Agreement shall for any reason be held illegal or unenforceable, such provision shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect or impair the validity or the enforceability of the remaining provisions of this Agreement.

10. WAIVER - This Agreement, and any of its terms, may not be waived, altered, or modified except by a written agreement signed by the customer and accepted by Scripts By Owner. No delay or failure of either party in exercising any right and no partial or single exercise of any right shall be deemed to constitute a waiver of that right or any rights under this Agreement.