End User License Agreement

This license applies to MagicScriptsE-store Kit-1 Pro software package.

Software License

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS PACKAGE. THE INDIVIDUAL OR ENTITY INSTALLING THIS PACKAGE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CANCEL THIS INSTALL AND DO NOT USE THE SOFTWARE, DESTROY ALL COPIES IN YOUR POSSESSION. The enclosed web application and the accompanying documentation are provided to the End-User by MagicScripts™ ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-User. The End-User owns the copy of "E-store Kit-1 Pro" package (Software), but MagicScripts™ (Licensor) retains ownership of the "E-store Kit-1 Pro" (Software) itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software
 

1. License

This License Agreement permits you to install the accompanying version of E-store Kit-1 Pro package (the "Software") for use on one of your web sites (one domain only). The Software is in "use" on a web site when it is accessible to users on a network or on the World Wide Web. The End-user may use the software in accordance with its stated purpose to assist in the development of web sites for personal or commercial use, with a license fee required per single web site (one domain only). For each License purchased, the End User may publish a single Web Application at no additional charge. For each additional Web Application published, a License Fee shall be due as set forth in this Agreement. "Publish" means to make the Web Application accessible to users on a network or on the World Wide Web.
  • MagicScripts™ provides the E-store Kit-1 Pro web application only. All other software and services used in conjunction with the E-store Kit-1 Pro application including, but not limited, to the following must be supplied by others: Web server software or web hosting service.
  • Note: if you are planning to use the Software to design a web application for your commercial client(s), it is advisable to inform your client(s) in advance that you will be using pre-made web application for their projects in order to avoid possible legal disputes with your client(s).

2. No Other Warranties

EXCEPT AS PROVIDED ABOVE, THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MagicScripts™ AND ITS SUPPLIERS DISCLAIM ALL SUCH IMPLIED WARRANTIES AND ALL OTHER WARRANTIES.
 

3. Restrictions

  • The End-User may NOT sublicense, assign, or distribute copies of the Software to others.
  • The End-User may NOT decompile, reverse engineer or disassemble the Software.
  • THE END-USER MAY NOT TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE VERSIONS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1 ABOVE.

4. No Other Liability

THE LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS LICENSE AGREEMENT IS SET FORTH IN THE LIMITED WARRANTY ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MagicScripts™ OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT  LIMITATION, DIRECT OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CLAIM OF ANY THIRD PARTY. IN ANY CASE, THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE ORIGINAL COST OF THE SOFTWARE.
 

5. Special Provisions

This License Agreement shall be governed by and interpreted under the laws of the Province of Ontario, Canada, without regard to conflicts of law provisions. By accepting this License Agreement, you agree to be subject to jurisdiction in Canada, and to commence any action arising under or relating to this License Agreement in the appropriate State or Provincial Court in Canada.
 

6. Acknowledgment

BY CONTINUING WITH THE INSTALLATION OF THE LICENSED SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MagicScripts™, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
 
Copyright © 2003 MagicScripts™. All rights reserved.