e-Soft24.com END-USER SOFTWARE LICENSE AGREEMENT and Disclaimer / Single Domain License

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e-Soft24.com, Copyright 2015 All rights reserved

This terms and end user license agreement (hereinafter Agreement) is an agreement between you/the user (the person or company who is being licensed to use the Software or Documentation) and e-soft24 (hereinafter We/us/our). The Agreement applies to all Products/Software/Scripts/Services you purchase from us.
Last Update: 06 March 2012

1. By purchasing a Product you acknowledge that you have read this Agreement, and that you agree to the content of the Agreement and its terms, and agree to use the Product in compliance with this Agreement.

2. The Agreement comes into legal force at the moment when you order our Software from our site or receive it through download or email or on a data medium.

3. All Products are delivered digital (download or email). Your purchase is NOT an instant download. The download link will be sent manually to you within 24 hours of your purchase. Normally it just takes a few hours or even less. If you want your Product on a data medium (CD/DVD), we charge additional $20 for it.

4. Before you order a Product, please be sure that your webspace/hosting/server/pc meet the Product requirements, which are listed on the Product details page. We don't give you a refund for the case, that the Script or Software doesn't work because of missing requirements or wrong server/pc settings. We are not responsible for any kind of your hosting account/server incompatibility or restrictive settings that might prevent the script from working correct. Due to the digital nature of this Products, you are not able to give the Product back to us and prove us that you don't have a copy of the Product, which you can use at anytime on a server or pc which meet the Product requirements.

5. By purchasing a Product you explain, that you have read carefully the Product description on the Product details page and tested the demo of the Product (if exists) to check if the Product fit your needs. If you are not sure about a script feature or function, you are required to ask us about this issue in front of your order. Due to the digital nature of our Products, we generally NOT give any refunds for purchased Products. Refunds are NOT given if server specifications does not meet requirements as listed on our corresponding product info page. Refunds are NOT given for unsuitability to a web server requirement for which the requirements are clearly listed on the product site. Refunds are NOT given for missing "features" or missing capabilities for our products. The customer is responsible for determining if the product is suitable by using the demo or asking us in front of your order. Refunds are NOT given for installation fees or other non-product labor costs. Installing or setting up our scripts may require some basic or advanced knowledge of the english language, uploading files to a webhost, creating a mysql database and user, importing sql files to a mysql database, file and directory permissions, editing html/php files, setting up a website etc. All our scripts are coming with basic installation instructions, which may require that you have the knowledge listed above. We are not responsible and will not give you a refund, if you are not able to install/setup the script or if you are not able to use the script, because of missing knowledge, missing time or whatever. For a small fee, we offer a script installation service, which you can purchase, if you need it.

6. You agree, that your are committed to contact us first, for every problem regarding our products/services that may occur and give us at least 48 business hours to respond, before opening a dispute at one of our payment processors. Opening a dispute at one of our payment processors should NOT be a step for you, because it breaks our trust in you (the customer) and we don't want to have further contacts/relationships with such customers.
You also agree, that every support request for purchased products/services must contain at least your Order Number, a detailed description of your problem and must be sent through our Contact Form. Otherwise we may not be able to respond or may not find your email, because of the mass spam we receive every day.

7. A Single Domain License gives you the right to use only one copy of the Script on the domain you provided us, solely for your own personal or business use, subject to all other terms of this Agreement. You are NOT allowed to run the script on another domain, than your licensed domain. If you want to use the script on multiple domains, you have to purchase a separate license for each new domain or you can purchase a license for multiple domains. Additional info: For example "yourdomain.com" and "yourdomain.org" are separate domains. So you have to purchase two licenses to run the script on both domains. The same applies to a domain redirection. Any distribution of the Script or Software without our consent, including noncommercial distribution is regarded as violation of this Agreement and entails liability, according to the current law.
A Multi Domain License (5 domains - unlimited domains) gives you the right to use only the amount of copies of the Script or Software, your purchased license is valid for, solely for your own personal or business use, subject to all other terms of this Agreement. With a A Multi Domain License, you are NOT allowed to give, sell, distribute, sub-license, rent, lease or lend any portion of the Script, Software or Documentation to anyone. All licenses are not limited to a special time frame, this means the all licenses are valid lifelong, except your license was terminated.
If you want to change your licensed domain please contact us with your order number and we will change it in our database.
NOTE: Any attempt to run the script on a NOT licensed domain or any attempt to remove/modify the script license protection code, is a violation of this license agreement!

8. You may not use any part of the code in whole or part in any other Software or Product or web site. You may not give, sell, distribute, sub-license, rent, lease or lend any portion of the Script, Software or Documentation to anyone. You may not place the Script or Software on a server so that it is accessible via a public network such as the Internet for distribution purposes. You are bound to preserve the copyright information intact, this does NOT include the text/link at the bottom. You are allowed to remove the text/link at the bottom of the Script pages without paying any removal fee. But you are NOT allowed to claim the copyright of the Script/Site/Design, at bottom of the Script or anywhere else, to your name or anyone else name. You also NOT allowed to remove, modify or decode the script copyright protection code.

9. We reserve the right to publish a selected list of users or websites of our Scripts or Software. We will not be liable to you for any damages (including any loss of profits/saving, or incidental or consequential ) caused to you, your information and your business arising out of the use or inability to use this Scripts or Software. We are not liable for prosecution arising from use of the Product against law or for any illegal use.

10. IF YOU FAIL TO USE THE PRODUCT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT OR IF YOU OTHERWISE VIOLATE THIS TERMS AND CONDITIONS, IT CONSTITUTES A BREACH OF THE AGREEMENT, AND YOUR LICENSE TO USE THE PRODUCT IS REVOKED, WITHOUT FURTHER NOTICE.

11. Except as expressly required by applicable law, nothing in this agreement entitles you to any support, maintenance, or new versions of the Product. All our Products are NOT including FREE support or updates, except it is explicit listed on the Product details page. Please refer to our FREE Support Terms for more information. If you or a 3rd party person modify a part of the script code or template code, which is not declared to modify in the documentation, we are not responsible for upcoming bugs, problems, errors or update incompatibilities, which will result in that you have to pay for any support or bug/error removal.

12. e-Soft24 reserves the right to change this license agreement at any time and impose its clauses at any given time. You are responsible to check this terms and license agreement from time to time. By further usage of the Product you explain, that you have read and agree to the modified terms and license agreement.

13. License agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any copyright notice as specified in this agreement. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent for purchase of the Software.

14. If you continue to use the Software after e-Soft24 gives you notice of termination of your license, you hereby agree to accept an injunction to enjoin you from its further use and to pay all costs (including but not limited to reasonable attorneys fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.

15. You must assume the entire risk of using the Script or Software. e-Soft24 expressly disclaims any warranty for the Script or Software. The Script or Software and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with you.
Please be aware that we cannot guarantee the availability of third party services such as Video API's or other services which provide datafeeds. Therefore, we cannot refund any payments related to such issues. This means, we are not responsible if a product stops working, if (for example) an integrated API site stops distributing feeds or if their technology or datafeeds change. e-Soft24 is not liable for the content of any website powered by the Software. e-Soft24 is not liable or responsable for any dispute between you and any 3rd party (hosting provider etc.), evoked by the use of our Scripts or Software.

16. e-Soft24 don't give any performance guarantees for the Products. Some of the Scripts may require a virtual or dedicated server, due to using a significant amount of resources on the server, if you got a corresponding amount of visitors at your site. It is not required for us to list this explicit in the Product requirements, due to it is a normal physical fact.

17. Limitation of Liability. e-Soft24 shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue, business interruption, loss of business information or otherwise, regardless of whether e-Soft24 was advised of the possibility of such losses in advance. In no event shall liability of e-Soft24 hereunder exceed the amount of license fees paid by buyer to e-Soft24, regardless of whether buyer's claim is based on contract, tort, strict liability, Product liability or otherwise.

18. The Licensee acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Licensee further agrees that this is the entire Agreement between the Licensee and e-Soft24 and that there have been no other warranties, representations, covenants or understandings relating to the subject matter of this Agreement.

Please visit http://www.e-soft24.com/product-terms.html to see the current online version of this END-USER SOFTWARE LICENSE AGREEMENT.