End User License Agreement
This is a legal agreement between you (‘the Licensee’) and AllenWebSolutions and its subsidiaries for the grant by AllenWebSolutions or any of its subsidiaries to you of a license of the software upon the terms and conditions of this Agreement.
By purchasing any software application, custom website development, mobile app development, social media marketing, search engine optimization or any web based or video based webinar from AllenWebSolutions, you are agreeing to be bound by the terms of this agreement and limited warranty.
Grant of Software License
In consideration of the full payment by the Licensee to AllenWebSolutions of the license fee in accordance with AllenWebSolutions’s standard terms of trading and the Licensee hereby agreeing to comply with the terms and conditions of this License and the limited warranty specified in clause 3 (‘Limited Warranty’) AllenWebSolutions hereby grants to the Licensee a perpetual non-exclusive license (‘License’) to use and display AllenWebSolutions’s computer software program (‘the Software’) and where appropriate the instruction manuals user guides and other information to be made available by AllenWebSolutions at its discretion in either printed or machine readable form to the Licensee (‘Documentation’) and to possess and refer to the Documentation upon the terms and conditions of this Agreement.
Additional Copies
The Licensee may make and keep any number of copies of the Software solely for back-up purposes provided only one copy of the Software per License is used at any one time. Each copy must maintain and include our copyright notice within the code.
Limited Warranty
AllenWebSolutions and its subsidiaries warrants for a period of life that the Software will perform substantially from the date of installation provided that the Software is properly used on the computer as well all updates are applies and with the operating system for which it was designed.
No Other Warranties
To the maximum extent permitted by applicable law, AllenWebSolutions or any of its subsidiaries disclaims all other warranties, either express or implied (whether by statute, common law, trade usage, course of dealing or otherwise) including but not limited to implied warranties of merchantability and fitness for any particular purpose with respect to the Software and Documentation.
Software Refunds
There are no refunds issued once the software is uploaded to your server or our hosting. Please test all the demos and ensure it will fit your needs. All sales are final.
Custom Website Development Refunds
Once development has started there are no refunds on development work. This includes mobile app development and website development. All sales are final.
Social Media Marketing Refunds
Once social media marketing has begun, there are no refunds provided. All sales are final.
Webinar Series Refunds
Once a webinar is purchased, there are no refunds. All sales are final.
No Liabilities for Consequential Damages
To the maximum extent permitted by applicable law, AllenWebSolutions or any of its subsidiaries and its suppliers shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other financial or consequential loss) arising out of the use of or inability to use the Software even if AllenWebSolutions has been advised of the possibility of such damages. AllenWebSolutions’s entire liability under any provision of this Agreement shall, in any event, be limited to the amount of the license fee actually paid by the Licensee for the Software and Documentation.
Adaptations
Subject to the restrictions and conditions of this License and to third party intellectual property claims you may make adaptations of the Software in source code form. Adaptations means any work (i.e. code, document, etc.) based on the Licensed Software or any part of it, for example (i) any work incorporating the Software or any part of it, (ii) any work incorporating any modified form of the Software or any part of it. Adaptations that are made by the licensee are not supported by AllenWebSolutions.
Property in the Software and Documentation
The Software and the Documentation contain proprietary information of AllenWebSolutions and all copyright, trademarks and other intellectual property rights in the Software and the Documentation are the exclusive property of AllenWebSolutions.
The Licensee shall take all such steps as shall be necessary or appropriate to protect AllenWebSolution’s copyright and proprietary information in the Software and the Documentation and without prejudice to the generality of the foregoing shall not rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or the Documentation.
If the Licensee sells, disposes of, or otherwise loses control of the processor on which the Software is running then the Licensee shall ensure that the Software is removed or deleted before the sale or disposition.
In the event that the customer sells the domain name and contents, the purchaser agrees to be bound by the same terms and conditions.
Title and Copyright
It is an express condition of this License that AllenWebSolutions retains title and ownership of the Software and any new version or new releases provided under any warranty or otherwise and all subsequent copies from the Software and the Documentation regardless of the form or media. No title or rights of ownership, copyright or other intellectual property in the Software will be transferred to the Licensee.
The Licensee shall not delete, remove or alter any proprietary marks on the Software and the Documentation.
Termination
The License is effective until terminated by the Licensee destroying the Software and the Documentation together with all copies. The License will also terminate if there is any failure to comply with the terms of this Agreement. Upon termination, the Licensee agrees to destroy all Software and the Documentation including any Software on the hard disk of any computer under its control.
Termination shall be without prejudice to any accrued rights and outstanding obligations of the parties to each other. The obligations under clauses 4 and 5 shall survive the termination of this Agreement.
Amendments
No amendment to this Agreement is valid unless signed by an authorized signatory of AllenWebSolutions and its subsidiaries and the Licensee.
Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of the United States including Oregon and the parties shall submit to the non-exclusive jurisdiction of the US Courts. Any rights not expressly granted herein are reserved. All Trademarks respected.
