ECOMMERCE-CARTS.COM SOFTWARE LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT


ARTICLE 1 - ECOMMERCE-CARTS.COM SOFTWARE LICENSE AGREEMENT:
BY PURCHASING OR USING ANY ECOMMERCE-CARTS.COM SOFTWARE, YOU AGREE TO, AND FULLY ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.

IF YOU ARE OBTAINING THE SOFTWARE AS DEFINED BELOW ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED TO REPRESENT THE COMPANY AND ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT ON BEHALF OF THE COMPANY. A BINDING CONTRACT IS THEN FORMED BETWEEN ECOMMERCE-CARTS.COM AND THE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU PERSONALLY AGREE NOT TO COMMIT OR ENCOURAGE ANY VIOLATION OF OUR AGREEMENT WITH THE COMPANY. IF THE COMPANY YOU REPRESENT, OR YOU, DO NOT FULLY AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PURCHASE, DOWNLOAD OR INSTALL THE SOFTWARE.


ARTICLE 2 - PROPRIETARY RIGHTS AND CONDITIONS:
ALL RIGHT, TITLE AND INTEREST INCLUDING, BUT NOT LIMITED TO, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE OWNED BY ECOMMERCE-CARTS.COM. SUCH RIGHTS ARE PROTECTED BY UNITED STATES COPYRIGHT LAWS, OTHER APPLICABLE COPYRIGHT LAWS, AND INTERNATIONAL TREATY PROVISIONS. ECOMMERCE-CARTS.COM RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. ECOMMERCE-CARTS SOFTWARE OR ANY PORTION THEREOF, CAN NOT BE REDISTRIBUTED OR RESOLD. THE SOFTWARE, INCLUDING ANY MODIFIED VERSIONS, CANNOT BE RESOLD OR OFFERED AS A SERVICE. THIS LICENSE DOES NOT GRANT ANY RESELLER PRIVILEGES. THE COPYRIGHT OF THE ORIGINAL CODE REMAINS WITH ECOMMERCE-CARTS.COM. ECOMMERCE-CARTS.COM RESERVES THE RIGHT TO REFUSE PERMISSION TO USE THIS SOFTWARE PRODUCT TO ANY INDIVIDUAL OR COMPANY FOR ANY REASON, AND MAY DO SO WITHOUT NOTICE.


ARTICLE 3 - LICENSES:
SOFTWARE LICENSES ARE ONLY VALID WHEN REGISTERED TO A DOMAIN/URL. EACH COPY OF THE SOFTWARE MUST HAVE IT'S OWN SEPARATE LICENSE AND BE REGISTERED WITH ECOMMERCE-CARTS.COM.


ARTICLE 4 - DISCLAIMER OF WARRANTIES:
TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. ECOMMERCE-CARTS.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.


ARTICLE 5 - LIMITATION OF LIABILITY:
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL ECOMMERCE-CARTS.COM, OR ITíS EMPLOYEES OR OFFICERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION.


ARTICLE 6 - RETURN POLICY:
SOFTWARE CANNOT BE RETURNED FOR A REFUND. SHOULD YOU EXPERIENCE A PROBLEM WITH ANY SOFTWARE PURCHASED, ECOMMERCE-CARTS.COM OFFERS SUPPORT SERVICES TO ASSIST WITH ANY TECHNICAL ISSUES.


ARTICLE 7 - UPGRADES
YOU MUST MAKE EVERY ATTEMPT TO SAFEGUARD YOUR DATA DURING INSTALLATION OR UPGRADES. ECOMMERCE-CARTS.COM DOES NOT ASSUME RESPONSIBILITY FOR LOSS OF DATA. HARD DRIVES AND ALL OTHER DATA SHOULD BE BACKED UP AT REGULAR INTERVALS. ALL DATA SHOULD ALWAYS BE BACKED UP BEFORE ANY INSTALLATION OR UPGRADE IS IMPLEMENTED. ECOMMERCE-CARTS.COM IS NOT RESPONSIBLE FOR ANY LOSS OF DATA.


INSTALLATION TERMS AND CONDITIONS


ARTICLE 8 - ECOMMERCE-CARTS.COM INSTALLATION TERMS AND CONDITIONS:
WHEN YOU CHOOSE TO HAVE ECOMMERCE-CARTS.COM PERFORM ANY INSTALLATION OR SERVICES, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.


ARTICLE 9 - ECOMMERCE-CARTS.COM SOFTWARE INSTALLATIONS:
ECOMMERCE-CARTS.COM WILL INSTALL OUR SOFTWARE TO YOUR WEB SERVER. OUR ENGINEERS WILL TEST THE INSTALLATION AND THE SOFTWARE. INSTALLATION INCLUDES BASIC CONFIGURATION ONLY. AFTER WE DETERMINE THAT THE INSTALLATION WAS SUCCESSFUL AND THE SOFTWARE FUNCTIONING PROPERLY, TECHNICAL SUPPORT IS PROVIDED AT REGULAR SUPPORT SERVICE RATES. THERE ARE NO REFUNDS ON ANY SOFTWARE OR SERVICES PROVIDED BY ECOMMERCE-CARTS.COM.


ARTICLE 10 - HARD DRIVE AND OR DATA LOSS:
WHILE ECOMMERCE-CARTS.COM WILL MAKE EVERY EFFORT TO SAFEGUARD DATA DURING INSTALLATION, UPGRADE AND SUPPORT SERVICE, WE DO NOT ASSUME RESPONSIBILITY FOR LOSS OF DATA. HARD DISKS AND ALL DATA SHOULD BE BACKED UP ON A REGULAR BASIS AND SHOULD ALWAYS BE BACKED UP BEFORE ECOMMERCE-CARTS.COM IS CALLED OR EMAILED FOR SERVICE, INSTALLATION OR UPGRADE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA.

GENERAL DISCLAIMER

ARTICLE 11 - GENERAL DISCLAIMER
ECOMMERCE-CARTS.COM NEITHER ASSUMES NOR ACCEPTS ANY LIABILITY FOR ANY LOSS, DAMAGE, MISUSE, MALFUNCTION ETC. OF YOUR HARDWARE OR DATA OR ANYTHING ELSE THAT YOU, OR THE COMPANY THAT YOU REPRESENT, OWN REGARDLESS OF CAUSE OR REASON FOR ANY SUCH MISFORTUNE. ECOMMERCE-CARTS.COM WILL NOT BE LIABLE FOR LOSS PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE POLICIES, TERMS AND CONDITIONS MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

 

ARTICLE 12 - ATTORNEY'S FEES:

YOU, OR THE COMPANY THAT YOU REPRESENT, AS SET FORTH IN ARTICLE 1 ABOVE, AGREES TO PAY REASONABLE ATTORNEY FEES AND ANY OTHER REASONABLE FEES REQUIRED TO ENFORCE ALL TERMS AND CONDITIONS OF THIS CONTRACT.

IN ADDITION, YOU, OR THE COMPANY THAT YOU REPRESENT, AS SET FORTH IN ARTICLE 1 ABOVE, AGREES TO REIMBURSE ECOMMERCE-CARTS.COM ANY AMOUNTS MADE ON BEHALF OF COLLECTING ON DELINQUENT PAYMENT OR REQUIRED TO ENFORCE THE TERMS OF THIS CONTRACT.

 Setup Instructions