The End User License Agreement for Etano community software - Software Package
This End User License Agreement ("EULA") is a legal agreement between an
individual or a legal entity (Customer) and Datemill (Company). The
EULA is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the Software Package constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE BY THE COMPANY
- The Company reserves the right to change the terms, conditions, notices under
which the Software Package is offered, and inform the Customer
beforehand the changes would come into effect, in this instance 5 work days by
email.
- The Company has the right to reassess the monthly charges associated with the
support of the Software Package taking into account of new modifications
accrued to the package. This is arranged between the Company and the Customer
beforehand.
NO UNLAWFUL OR PROHIBITED USE BY A CUSTOMER
- As a condition of your use of the Software Package, you warrant to
the Company that you will not use the Software Package for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
- You may not use the Software Package in any manner which could
damage, disable, overburden, or impair the Software Package or interfere
with any other party's use and enjoyment of the Software Package.
- If you install additional copies, even if such additional copies are located on
the same domain and/or the same IP, such usage is prohibited unless additional
licenses are purchased.
- This license prohibits selling, licensing, or otherwise distributing the source
code of the script contained in Software Package, either in full or any
subpart thereof or as part of another program that you either sell, license, or
otherwise distribute via any method.
THE CUSTOMER'S RIGHTS
- You are granted a single, non-exclusive, non-transferable license to install and
use one copy of the Software Package on a single domain name or IP
address.
- You own the rights to advertise or offer, to sell or buy any goods or services
for any business purpose, publish, post, upload, distribute or disseminate, sell any
material or information through your web site, but bear all the responsibility for it
on yourself.
- Create and sell memberships and other materials and information posted on
your website.
- You may ask the Company to make improvements and/or changes in the
Software Package this relates to Modifications, the prices and the time
period depend on a complexity of a modification and should be discussed
separately.
- You may change a package and take another one which is offered by the
Company, but the change-over will be charged taking into consideration all
modifications which were made for your Software Package, service
charges, banking charges.
LIABILITY DISCLAIMER
- The Company is not responsible for:
- uploaded files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Customer's server.
- conduct or forward surveys, contests, pyramid schemes on the Customer's website.
- The Company does not control or endorse the content, messages or
information found in any web pages on Customer's website and, therefore, the Company
specifically disclaims any liability with regard to any actions resulting from your
activity.
- The Company does not take any responsibility for the development of Customer's business, booming, slacking, business recession and bankruptcy.
- Managers and technical staff are not authorized to reflect the full and official
Company's point of view in particular matters.
- To the maximum extent permitted by applicable law, in no event shall the
Company be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected with
use or performance of the Software Package, with the delay or inability to
use Software Package or related services, the provision of failure to
provide services, or for any information, products, services obtained through the
Software Package, or otherwise arising out of the use of the Software Package, whether based on contract, tort, negligence, strict liability or
otherwise.
REFUNDS
- The Company does not make refunds after the program source code package is
accessed by the Customer with Software Package License. In this case there are no
circumstances that make it possible to claim full or partial refund.
TERMINATION/ACCESS RESTRICTION
- GENERAL. To the maximum extent permitted by law, this agreement is
governed by the laws of Romania and you hereby consent to the
exclusive jurisdiction and venue of courts in Romania in all disputes arising out of or relating to the use of the Software Package. Use of the Software Package is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the Company as a
result of this agreement or use of the Software Package. The Company's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of the Company's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Software Package. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
Customer and the Company with respect to the Software Package and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the Customer and the Company with respect to
the Software Package. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that
this agreement and all related documents be drawn up in English.
COLLECTION OF THE CUSTOMER'S PERSONAL INFORMATION
- The Company is committed to protecting your privacy and developing
technology that gives you the most powerful and safe online experience. This
Statement of Privacy applies to the Software Package and governs data
collection and usage. By using the Software Package, you consent to the
data practices described in this statement.
- The Company collects personally identifiable information, such as your e-mail
address, name, home/work address, telephone number, credit card. The Company
also collects anonymous demographic information, which is not unique to you,
such as your ZIP code, age, gender, preferences.
- There is also information about your computer hardware and software that is
automatically collected by the Company. This information can include: your IP
address, browser type, domain names, access times and referring Web site
addresses. This information is used by the Company for the operation of the
service, to maintain quality of the service, and to provide general statistics
regarding use of the Software Package.
COPYRIGHT
- All contents of the Software Package are copyright Datemill SRL. All rights reserved.
- Any rights not expressly granted herein are reserved.
CANCELLING OF THE EULA
- The company is entitled to cancel the agreement at any time in any case of a
violation of the terms, conditions, notices of this agreement.
- The Customer has a right to ask the Company for hand down the right to own
the rule over the software package to any person - a third part, but:
- The Customer has to inform the Company of his expectancies before hand down
in a given time - 14 days, by email.
- The Customer supposes to wait for a Company's decision during - 14 days after
the request is accepted by the Company.
- The Customer must pay all charges which will be given by the Company after
making all calculations concerned hand over the right to own the rule over the
software package by a third part, less undelivered services in the case of prepaid
sum.
- The Customer ought to persuade a third part to renew the EULA with the
Company.
- The third part has to renew the EULA with the Company.