WebPager terms and conditions
SOFTWARE LICENSE AGREEMENT
NOTICE TO CUSTOMER: PLEASE READ THIS CONTRACT CAREFULLY.
BY DOWNLOADING, INSTALLING OR USING ALL OR ANY PORTION OF THE PRODUCT,
INCLUDING BUT NOT LIMITED TO ANY UPDATE, YOU AKNOWLEDGE AND AGREE THAT
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED
AGREEMENT SIGNED BY YOU. YOU AGREE THAT THIS AGREEMENT, INCLUDING ALL
ATTACHMENTS AND EXHIBITS, CONSTITUTES THE COMPLETE AND EXCLUSIVE
UNDERSTANDING BETWEEN US, AND SUPERSEDES ALL PRIOR SALES PROPOSALS,
NEGOTIATIONS, AGREEMENTS AND OTHER REPRESENTATIONS OR COMMUNICATIONS,
WHETHER ORAL OR WRITTEN. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND
ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE OR ON WHOSE BEHALF IT IS USED.
IF YOU DO NOT AGREE, THEN DO NOT INSTALL, DOWNLOAD NOR USE NIETHER THIS SOFTWARE,
NOR ANY ACCOMPANYING PRODUCTS OR SERVICES.
This Software License Agreement (the "Agreement") is made by and between 'VFP Soft' and you as the customer. In this Agreement, the customer will be referred to as "you" and "your"; VFP Soft will be referred to as "VFP Soft", "vfpsoft.com", "WebPager" or as "we", "us" and "our". SOFTWARE PRODUCT (the "Software", the "WebPager", the "Product") here means software, all accompanying services, image files, all accompanying files, data and materials received with your order of "WebPager" or obtained in any other way.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR ITS CONTRIBUTORS, PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OF THIS SOFTWARE OR OTHER DEALINGS IN THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PRODUCT'S ACCURACY OR RELIABILITY ARE NOT GUARANTEED, IT MAY NOT BE FUNCTIONAL ON ANY PARTICULAR MACHINE OR ENVIRONMENT, AND IT MAY BE MODIFIED SUBSTANTIALLY IN FUTURE RELEASES, IF ANY. YOU WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST 'VFP SOFT' ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THE PRODUCT. NOTHING IN THIS AGREEMENT OBLIGATES 'VFP SOFT' TO PROVIDE ANY BUG FIX, HOT FIX, SERVICE PACK OR OTHER UPDATE TO THE PRODUCT OR ANY ACCOMPANYING PRODUCTS OR SERVICES. BY DOWNLOADING AND USING "WebPager" YOU AGREE NOT TO DISTRIBUTE THIS PLUGIN AND LICENSE KEYS IN ANY FORM.
THIS SOFTWARE PRODUCT MAY BE INSTALLED AND USED BY ON ONLY ONE COMPUTER AND ONLY BY YOU. ITS COMPONENT PARTS MAY NOT BE SEPARATED FOR USE ON MORE THAN ONE COMPUTER. SOFTWARE PRODUCT MAY BE ACCESSED THROUGH A NETWORK ONLY AFTER OBTAINING A LICENSE. ALL COMPONENTS ACCOMPANYING THE SOFTWARE ARE COPYRIGHTED BY 'VFP SOFT' AND MAY NOT BE TAKEN APART, MODIFIED, USED OR PUBLISHED WITH OTHER SOFTWARE OR MEANS EXCEPT WITH THE SOFTWARE PRODUCT SOFTWARE AND MAY NOT BE DISTRIBUTED OR COPIED IN ANY MANNER. YOU AGREE THAT THIS SOFTWARE MAY RECEIVE UPDATES. SOME OF THE UPDATES ARE REQUIRED AND YOU ARE REQUIRED LETTING THESE UPDATES TO BE INSTALLED. IF YOU PREVENT INSTALLATION OF REQUIRED UPDATES, THE SOFTWARE MAY STOP WORKING AND YOUR LICENSE WILL BECOME VOID UNTIL SOFTWARE MANAGES TO INSTALL REQUIRED UPDATES.
THE PRODUCT IS LICENSED, NOT SOLD, TO YOU AND ANY AND ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT, REMAIN IN 'VFP SOFT' AND ITS SUPPLIERS. THE PRODUCT IS PROTECTED BY COPYRIGHT, TRADEMARK, TRADE SECRET AND OTHER PROPRIETARY RIGHTS OF 'VFP SOFT', AND YOU DO NOT ACQUIRE ANY RIGHTS, EXPRESS OR IMPLIED, IN THE PRODUCT, OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT. NO TITLE TO OR OWNERSHIP OF THE PRODUCT, NOR ANY COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS IN THE PRODUCT, ARE TRANSFERRED TO YOU UNDER THIS AGREEMENT. ALL MODIFICATIONS, ADJUSTMENTS, ENHANCEMENTS, BUG FIXES, ERROR CORRECTIONS OR OTHER UPDATES TO THE PRODUCT WILL BECOME PART OF THE PRODUCT, AS APPLICABLE, AND WILL REMAIN THE EXCLUSIVE PROPERTY OF 'VFP SOFT'.
THE SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH HAZARDOUS OR "HIGH RISK" ACTIVITIES OR WITH APPLICATIONS THAT REQUIRE FAIL-SAFE PERFORMANCE (TOGETHER, "HIGH RISK" ACTIVITIES). HIGH RISK ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO ACTIVITIES OR APPLICATIONS RELATING TO THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL, AEROSPACE OPERATIONS, OR DIRECT LIFE SUPPORT MACHINES, AND ANY OTHER ACTIVITIES OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ACCORDINGLY, WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR HIGH RISK ACTIVITIES, AND YOU AGREE THAT 'VFP SOFT' WILL HAVE NO LIABILITY OR RESPONSIBILITY RELATING TO YOUR USE OR OPERATION OF THE SOFTWARE IN CONNECTION WITH HIGH RISK ACTIVITIES. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD 'VFP SOFT' HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
'VFP SOFT' IS THE OWNER OF THE COPYRIGHT OF THIS SOFTWARE PRODUCT. ALL OF ITS DERIVATIVES, TITLE AND ACCOMPANYING MATERIALS ARE THE EXCLUSIVE PROPERTY OF 'VFP SOFT'. ALL RIGHTS OF ANY KIND, WHICH ARE NOT EXPRESSLY GRANTED IN THIS LICENSE, ARE ENTIRELY AND EXCLUSIVELY RESERVED TO AND BY 'VFP SOFT'. YOU MAY NOT RENT, LEASE, TRANSFER, MODIFY, TRANSLATE, REVERSE ENGINEER, DE-COMPILE, DISASSEMBLE, REMOVE PASSWORDS OR CREATE DERIVATIVE WORKS BASED ON THIS SOFTWARE PRODUCT. YOU MAY NOT MODIFY ANY FILES IN THE SOFTWARE PRODUCT FOLDERS. YOU MAY NOT LOOK INTO CLIENT OR SERVER CODE OF ANY PART OF THIS SOFTWARE. YOU MAY NOT SAVE, SEND OR IN ANY OTHER WAY USE GRAPHIC ELEMENTS STORED OR GENERATED BY THIS SOFTWARE EXCEPT FOR THE PURPOSES OF LEGALY USING SOFTWARE PRODUCT. YOU MAY NOT CAPTURE TCP PACKETS AND ANY INTERNET TRAFFIC DURING THE OPERATION OF THE SOFTWARE PRODUCT. YOU MAY NOT MAKE ACCESS TO SOFTWARE PRODUCT AVAILABLE TO OTHERS IN CONNECTION WITH A SERVICE BUREAU, APPLICATION SERVICE PROVIDER, OR SIMILAR BUSINESS, OR USE THIS SOFTWARE PRODUCT IN A BUSINESS TO PROVIDE FILE COMPRESSION, DECOMPRESSION, OR CONVERSION SERVICES TO OTHERS.
YOU AGREE TO PAY US FOR THE LICENSES AND ANY SERVICES YOU ARE PURCHASING CONCURRENTLY, AT THE TIME YOU ACCEPT THE TERMS OF THIS AGREEMENT. ALL PAYMENTS ARE NON-CANCELABLE AND NON-REFUNDABLE. FEES CHARGED BY US DO NOT INCLUDE ANY SALES, USE, EXCISE, VALUE-ADDED, OR SIMILAR TAXES, AND DO NOT INCLUDE ANY DUTIES OR FEES PAYABLE ON THE DELIVERY OF SOFTWARE. ANY SUCH TAXES, DUTIES, OR FEES SHALL BE EITHER ADDED TO OUR INVOICE OR PAID DIRECTLY BY YOU. YOU WILL NOT, HOWEVER, BE LIABLE FOR TAXES IMPOSED ON US BASED ON OUR INCOME. YOU AGREE THAT WE PROVIDE INVOICES AND OTHER FINANCIAL DOCUMENTS IN CONNECTION WITH YOUR PAYMENT ONLY ON YOUR DEMAND AND ONLY IN ELECTRONIC FORM.
YOU WILL COMPLY WITH EXPORT REGULATIONS AND ANY OTHER APPLICABLE LAWS OF YOUR JURISDICTION.
YOU AGREE THAT THE SOFTWARE WILL BE USED IN REMOTE LABORATORIES ONLY WITH LABICOM.NET PLATFORM.
YOU MAY NOT RESALE OR SUBLICENSE OBTAINED LICENSES, ACCOUNTS AND DISCOUNTS. DISCOUNTS ARE CONSIDERED PERSONAL AND MAY BE USED ONLY BY YOU AND FOR PURPOSES DIRECTLY CONNECTED WITH A REASON OF YOUR DISCOUNT.
YOU AGREE NOT TO CHARGE BACK AFTER MAKING PAYMENT WITH CHOSEN MONEY DELIVERING SYSTEM (FOR EXAMPLE, PAYPAL).
YOU AGREE THAT TERMS AND CONDITIONS MIGHT BE CHANGED BY 'VFP SOFT' AT ANY TIME WITHOUT PRIOR NOTIFICATION AND WITHOUT ANY EXPLANATIONS AND REASONING.
FAIR USE POLICYAT 'VFP SOFT', WE WANT ALL OF OUR CUSTOMERS TO GET THE BEST PLANS, AT THE LOWEST POSSIBLE PRICE. THIS FAIR USAGE POLICY ("FUP") IS DESIGNED TO PREVENT FRAUD AND ABUSE OF OUR SUBSCRIPTIONS BY A SMALL NUMBER OF USERS.
Our site or our programs may use an order form for customers to register or request information, products, and services. We collect contact information (like their email address), but NOT financial information (like their account or credit card numbers). This information is used to ship orders and/or to keep users updated on product development. Any credit card processing is managed by a certified third parties (like PayPal). Also we DO NOT store your website passwords because we use hashes instead. It means that we CAN NOT recover your password if you lost it because we don't have it.
'VFP Soft' does not sell or use your private information for any purpose other than to ship you your order, to contact you if there is a problem with your order, to keep you informed of VFP Soft related products.
vfpsoft.com web site contains links to other sites. VFP Soft is not responsible for the privacy practices or the content of such Web sites.