Free Members Only - End User License Agreement
nCubed Software End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND nCubed. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER OR DO NOT PURCHASE IT.
1. Definitions
- "nCubed" means nCubed and its licensors, if any.
- "Software" means only the nCubed software program(s) and third party software programs, in each case, supplied by nCubed herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
2. License Grants
- Single site license - The Single Site License permits you to deploy this software in one instance (installation) for each license purchased; you are prohibited from using it to host solutions for more than one web site.
- Developer's license - The Developer's License permits one developer to deploy this software in unlimited instances (installations); the developer is permitted to use it to host solutions for an unlimited number of web sites.
- You may install and use the Software on a single database. A license for the Software may not be shared, installed or used concurrently on different computers.
- You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
- You agree that nCubed may audit your use of the Software for compliance with these terms at any time without notice.
- Your license rights under this EULA are non-exclusive.
3. License Restrictions
- You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
- You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
- You may not sell, rent, lease, or sublicense the Software.
- You may not modify the Software or create derivative works based upon the Software.
- You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
- In the event that you fail to comply with this Agreement, nCubed may terminate the license and any support or upgrade capabilities, and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).
4. Ownership
The foregoing license gives you limited license to use the Software. nCubed and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by nCubed and its suppliers. Any reproduction, distribution, transmission, or publication of the Software or its underlying code is expressly prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
5. Deployment
Users may modify the portions of this program that website visitors interact with to make the Software seamlessly integrate with their website, or to develop modules which add functionality. Files that can be modified are specified in the accompanying documentation. Users may not re-distribute any part of the code. Additionally, users must leave the copyright information intact in each of the source files, and cannot use any of this code in other projects without the prior written consent of nCubed. Users may deploy this software in one instance (installation) for each license purchased, and are prohibited from using it to host solutions for more than one web site. Users also are prohibited from using this software in an ASP (Application Service Provider) or ISP (Internet Service Provider) environment.
6. Warranties
All software is provided "as is" without any express or implied warranties. nCubed hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall nCubed or its suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from any procurement of substitute goods or services, any business interruption, or any loss of use, data, or profits, whether in any action of contract, negligence, or other tortuous action arising out of or in connection with the use or performance of Software provided from nCubed, even if nCubed is advised of the possibility of such damage. nCubed may make improvements and/or other changes to the Software at any time without notice.
7. Responsibility
User agrees that nCubed will not be responsible for any threatening, defamatory, obscene, illegal, or offensive content or conduct of any other party or any infringement of another's rights, including intellectual property rights. User agrees that nCubed is not responsible for any content procured or sent using the Software in any way.
8. Indemnification
Users agree to indemnify and hold harmless nCubed and its suppliers, subsidiaries, parent companies, officers, and employees harmless from any claim or demand for damages, including reasonable attorney's fees, asserted by any third party due to or arising out of the user's use of the Software.
9. No Joint Venture
User agrees that no joint venture, partnership, employment, or agency relationship exists between the user and nCubed as a result of this EULA or the use of the software. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, it shall not affect the validity of the entire agreement. Additionally, such invalid provision shall be deemed superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect. Unless other specified herein, this agreement represents the entire agreement between the user and nCubed. related to the software and supersedes any and all prior or contemporaneous communications between the user and nCubed.
10. Refunds
Due to the nature of the Software offered by nCubed, software is non-refundable once the download is complete. If you have purchased downloadable software, and did not download the software using the supplied download link, the software may be "returned" for a refund within 15 days of purchase.
11. No Waiver of Rights
No delay or failure to take action represents a waiver of the rights inherent to nCubed.
12. Governing Law
This agreement is governed by the laws of the State of Colorado, Oklahoma and the United States of America. Those who purchase this software in other countries do so at their own volition and are responsible for compliance with local law. Users cannot use or export this Software in violation of U.S. exports laws and regulations.
By purchasing a copy of this Software or using it, you are agreeing to this license. Any and all rights not expressly granted herein are reserved.