This Software License Agreement (this "Agreement") is between you (either an individual or an entity, referred to hereinafter as "you" or "your") and BBPixel, Inc., a wholly-owned subsidiary of Internet Brands, Inc., and its affiliates ("BBPixel", "we", "our" or "us") for the BBPixel software that accompanies this Agreement, as may be updated or replaced by feature enhancements, software updates or maintenance releases (the "Software") and any services that may be provided by BBPixel under this Agreement ("Services"). Do not use the Software until you have carefully read the following Agreement.
By installing, copying, accessing, downloading or using the Software (or authorizing any other person to do so) you are indicating that you are 18 years of age or older (any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user), are capable of entering into a binding legal agreement, have read and understand this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not install, copy, access, download or use the Software.
Fee And Payment
We reserve the right to charge fees for future Services in our sole discretion. If we decide to charge for the Services, such charges will be disclosed to you prior to our charging for them.
Pricing is per (one) year subscription at Download section. If you choose not to renew your license after a year of service, your software will remain completely functional but will be unsupported.
Grant Of License
The BBPIXEL software product identified above (the "Software") is the property of BBPIXEL or its licenses and is protected by copyright law. While BBPIXEL continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
Your rights and obligations with respect to the use of this Software are as follows:
- use the Software on ONLY 1 website (___________). If you do not know the name of the website where the software will be installed, please contact us before continuing with the purchase;
- modify the software at will ("home modified"), as the source code in PHP will be provided to you (all source code or encode a part for license protected) upon purchase;
- Create applications which interface with the operation of the Software provided said application is an original work;
You may not:
- sublicense, rent, sell, resell, reuse or lease ANY portion of the Software;
- remove the BBPIXEL copyright from the administration module (you can remote if from any other page);
- ask for support for a "home modified" version of the SOFTWARE. If you modify the SOFTWARE you give up ALL the rights for future upgrades and bug fixes. For modified versions of the SOFTWARE you may receive bug fixes in the form of PHP functions;
- give the script to anyone. If you would like your programmer to install the script on your server, make sure that he will not steal the source code;
- ask for ANY type of refund. Upon purchase we will send you the source code in PHP. Once you open the zip file, you agree that you will not ask for a refund
You must register to use the Software and Solutions and (a) provide true, accurate, current and complete information as prompted by the sign-up process (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect is inaccurate, not current or incomplete, we may suspend or terminate your account unless and until such data is corrected or completed, or we may refuse any and all current or future access to and use of the Software or Services (or any portion thereof).
Account Access Information and Data
You are solely responsible for (a) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Software and Services (collectively, "Access Information"), and (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software and Services (collectively, "Account Data"). We will assume that any communications we receive through use of the Access Information were sent or authorized by you.
DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS.". BBPIXEL WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN SOFTWARE; (B) IMPLIED MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY RELATING TO COURSE OF DEALING, OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WHATSOEVER; (D) CLAIM OF INFRINGEMENT; (E) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR PART FROM BBPIXEL'S FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY, OR (F) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA, REVENUE, LICENSEES GOODWILL, OR USE. IN NO CASE SHALL BBPIXEL'S LIABILITY EXCEED THE PRICE THAT LICENSEE PAID FOR THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY
IN NO EVENT WILL BBPIXEL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE BBPIXEL CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF BBPIXEL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
The Software is a "commercial item". This Agreement is governed by the laws of Vietnamese. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a court of competent jurisdiction located in HCM City Vietnam, and the parties hereby consent to the jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of BBPIXEL. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by BBPIXEL or a duly authorized representative of BBPIXEL. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.