User license for simpleContact Pro
This End User License Agreement (“Agreement”) is a binding legal agreement between you (“Licensee”) and Alex Hardy (“Developer”). By installing or using simpleContact Pro (“Software”), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. Installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement.
Now therefore, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
License
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software on one domain name owned by said Licensee. The Developer owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.
Restrictions
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes.
Fee
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer the sum of license fee.
Warranty Disclaimer
THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS FOR USE OF THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Limitation of Liability
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.