This is an agreement between the Licensor (Magwash IT) and Licensee, you (either an individual or a single entity), who is being licensed to use this module and related software components.
All such software is referred to herein as the "Software Product." A software license issued to a designated user, only by Magwash IT or its authorised agents, is required for each user of the Software Product.
If you do not agree to the terms of this EULA, then do not install or use the Software Product. By explicitly accepting this End-User License Agreement (EULA) you are acknowledging and agreeing to be bound by the following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE
Magwash IT grants you a non-exclusive, non-transferable right to use the Software Product on your DotNetNuke(DNN) installation based on your purchase.
One Production License is required to install and use the Software Product on each DotNetNuke installation, A DNN installation is defined as a single DNN database which can host multiple child portals. These portals may have their own unique web addresses, but they are managed from a single DNN host, you must purchase additional Production License for each extra DNN installation.
When the source code is provided with the Software Product, Magwash IT grants you the right to modify, alter, improve, or enhance the Software Product without limitation for your own use, except as described in this EULA.
Although rights to modification of the Software Product are granted by this EULA, you may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Software Product does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by Magwash IT. You are not allowed to distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between Magwash IT and the user.
Although the source code for the Software Product may be included in some editions, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from Magwash IT.
You may make copies of the Software Product as is reasonably necessary for its use. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. You may not modify or create derivative copies of the Software Product License.
All rights not expressly granted to you are retained by Magwash IT.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY Magwash IT.
The Software Product is owned by Magwash IT and is protected by Australian and international copyright laws and treaties, as well as other intellectual property laws and treaties.
You must not remove or alter any copyright notices on any copies of the Software Product including but not limited to source code as well as the display of the module on your website. This Software Product copy is licensed, not sold.
You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorisation from Magwash IT or its designated agents.
Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Magwash IT.
Magwash IT reserves all intellectual property rights, including copyrights, and trademark rights.
3. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Magwash IT's written approval, and subject to written agreement by the recipient of the terms of this EULA.
You hereby agree to indemnify Magwash IT against and hold harmless Magwash IT from any claims, lawsuits or other losses that arise out of your breach of any provision of this EULA.
5. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.
6. SUPPORT SERVICES
Magwash IT may provide you with support services related to the Software Product. Use of any such support services is governed by Magwash IT policies and programs described in online documentation and/or other Magwash IT provided materials.
As part of these support services, Magwash IT may make available bug lists, planned feature lists,and other supplemental informational materials. Magwash IT makes no warranty of any kind for these materials and assumes no liability whatsoever for damages resulting from any use of these materials.
Furthermore, you may not use any materials provided in this way to support any claim made against Magwash IT.
Any supplemental software code or related materials that Magwash IT provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the
Software Product and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to Magwash IT as part of the support services, Magwash IT may use such information for its business purposes without restriction, including product support and development. Magwash IT will not use such technical information in a form that personally identifies you without first obtaining your permission.
7. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
Magwash IT may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.
8. NO WARRANTIES
You accept the software product and software product license "as is" and Magwash IT and its third party suppliers and Licensors make no warranty as to its use, performance or otherwise, to the maximum extent permitted by applicable Law. Magwash IT and its third party suppliers and Licensors disclaim all other representations, warranties and conditions, express, implied, statutory or otherwise, including but not limited to implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. The entire risk arising out of use or performance of the software product remains with you.
9. LIMITATION OF LIABILITY
This limitation of liability is to the maximum extent permitted by applicable law. In no event shall Magwash IT or its third party suppliers and licensors be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this EULA or the use of or inability to use the software product or the failure to provide support services, even if Magwash IT has been advised of the possibility of such damages. In any case, magwash IT's, and its third party suppliers' and licensors', entire liability arising out of this eula shall be limited to the lesser of the amount actually paid by you for the software product or the product list price;
Provided, however, that if you have entered into a Magwash IT support services agreement, Magwash IT's entire liability regarding support services shall be governed by the terms of that agreement.
10. HIGH RISK ACTIVITIES
The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").
Accordingly, Magwash IT and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that Magwash IT and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.
11. GOVERNING LAW; ENTIRE AGREEMENT; DISPUTE RESOLUTION
This EULA is governed by the laws of Australia, excluding the application of any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. This EULA is the entire agreement between Magwash IT and you, and supersedes any other communications or advertising with respect to the Software Product. This EULA may be modified only by written agreement signed by authorized representatives of you and Magwash IT.
Unless otherwise agreed in writing, all disputes relating to this EULA (except any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, in accordance with the Licensing Agreement Arbitration Rules of the American Arbitration Association, with the losing party paying all costs of arbitration. If any dispute arises under this EULA, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.
A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
13. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact Magwash IT for any reason, please direct all correspondence to: firstname.lastname@example.org