SITE SIFT LISTINGS SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between You and Site Sift Media, Inc.. Read it carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers. BY INSTALLING, COPYING OR OTHERWISE 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, DO NOT INSTALL OR USE THE PRODUCT.
The Software is owned by Site Sift Media, Inc. and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE SOFTWARE IS LICENSED, NOT SOLD.
"You", "Your" means you and your company.
"Software" means the product (Site Sift Listings) provided to You, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation.
The Software is owned and copyrighted by Site Sift Media, Inc.. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.
3. GRANT OF LICENSE.
Site Sift Media, Inc. grants You the following rights provided You comply with all terms and conditions of this agreement. For each license You have acquired for the Software:
- You are granted a non-exclusive right to use and install ONE copy of the software on ONE website.
- You may allow an unlimited number of users to access or otherwise utilize the services or functionality of the installed software.
- You may make one copy for backup or archival purposes.
- You may modify the template files contained in the templates folder (if applicable).
4. RESTRICTED USE.
- You agree to use reasonable efforts to prevent unauthorized copying of the Software.
- You may not disable any licensing or control features of the Software or allow the Software to be used with such features disabled.
- You may not share, rent, or lease Your right to use the Software.
- You may not modify, sublicense, copy, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement.
- You may not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, or otherwise convert the Software to a more human-readable form for any reason.
- You will return or destroy all copies of the Software and generated content (if applicable) if and when Your right to use it ends.
- You may not use the Software for any purpose that is unlawful.
- You may not disable the copyright links at the bottom of each page.
5. ADDITIONAL SOFTWARE.
This license applies to updates, upgrades, plug-ins and any other additions to the original Software provided by Site Sift Media, Inc., unless Site Sift Media, Inc. provides other terms along with the additional software.
6. 3RD PARTY SERVICES.
This Software may make use of, or have the ability to make use of, link to, or integrate with 3rd party content or services. The availability of the content or services is at the sole discretion of the 3rd party service providers and may be subject to usage agreements and other restrictions. You agree to indemnify and save harmless Site Sift Media, Inc. from all claims, damages, and expenses of whatever nature that may be made against Site Sift Media, Inc. by 3rd party content and service providers as a result of Your use of the Software.
7. SOFTWARE DISTRIBUTION.
The Software is distributed in a packed zip file via download login in its default layout with the features and functions as documented in our information and online demo pages.
The Software will electronically register itself during installation or relocation and confirm that You have installed the product on a licensed domain name. The registration process only sends the license information that You've entered (Domain Name) and information about the software installed (Program ID, Version, Install URL, Checksum). No other information is sent.
9. CODE MODIFICATIONS.
3rd party modifications prohibited without permission of Site Sift Media, Inc. (this does not include localization). Any 3rd party modification can cause warranty void. We do not offer support for 3rd party code modifications and we may decline to support if the problem is a result of the modification.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to You on a license exchange basis. Your use of the Software upgrade is subject to the terms of this license, and You agree by Your installation and use of this copy of the Software to voluntarily terminate Your earlier license and that You will not continue to use the earlier version of the Software or transfer it to another person or entity. Updates that require file uploading, setting file permissions and setting server variables in files must be performed by the client. If you require Site Sift Media, Inc. to implement the update, additional charges apply. Also additional charges apply for the update of modified script versions. We may decline to upgrade a modified version if it was modified by a 3rd party.
You may make a one-time transfer of the Software and Your rights under this license to another party provided that:
- You provide the party with the Software, any "Product ID" codes, and this license.
- The party accepts the terms of this license as a condition of the transfer.
- You destroy any other copies of the Software and generated content (if applicable) in Your possession.
- You notify Site Sift Media, Inc. of the transfer.
- Your rights under this license automatically terminate upon transfer.
12. REFUND POLICY.
Refunds are given within 10 days after purchase if the script does not work as the proposed online demo version.
We do not refund for the following reasons:
- 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 webserver requirement for which the requirements are clearly listed on the product site.
- Refunds are NOT given for missing "features" or missing capabilities of our products which feature a fully functional online demo, or for which we have arranged a trial period. The customer is responsible for determining if the product is suitable by testing the fully functional online demo.
- Refunds are NOT given for installation fees or other non-product labor costs.
13. SUPPORT POLICY.
We will provide free support in our forums at http://forums.site-sift.com.
14. PAID SUPPORT.
Site Sift Media, Inc. offers paid support for the Software at a rate of $50.00 USD per hour minimum 1 hour charge.
Site Sift Media, Inc. may terminate Your license if You do not abide by the license terms. Termination of the license may include, but not be limited to, marking the Product ID as invalid to prevent further installations. Upon termination of license, You shall immediately discontinue the use of the Software and shall within ten (10) days return to Site Sift Media, Inc. all copies of the Software or confirm that You have destroyed all copies of it. Your obligations to pay accrued charges and fees, if any, shall survive any termination of this Agreement. You agree to indemnify Site Sift Media, Inc. for reasonable attorney fees in enforcing its rights pursuant to this license.
16. DISCLAIMER OF WARRANTY.
The Software is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by You. Should the Software prove defective, You, not Site Sift Media, Inc., assume the entire cost of any service and repair. If the Software is intended to link to, extract content from or otherwise integrate with a third party service, Site Sift Media, Inc. makes no representation or warranty that Your particular use of the Software is or will continue to be authorized by law in Your jurisdiction or that the third party service will continue to be available to You. This disclaimer of warranty constitutes an essential part of the agreement.
17. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SITE SIFT MEDIA, INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES. IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE SOFTWARE, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED SITE SIFT MEDIA, INC. OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM. NO CLAIM, REGARDLESS OF FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.
18. APPLICABLE LAW.
This license shall be interpreted in accordance with the laws of the state of California, USA. Any disputes arising out of this license shall be adjudicated in a court of competent jurisdiction in the state of California, USA.
19. GOVERNING LANGUAGE.
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
20. ENTIRE AGREEMENT.
This license constitutes the entire agreement between the parties relating to the Software and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this license. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favor of the terms of this License Agreement. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license. Any amendment to this agreement must be in writing and signed by both parties.