SOFTWARE LICENSE (updated 3rd September 2011)

For our general terms and conditions please refer to http://www.1st4webshops.com/tacs

BACKGROUND:

This License Agreement is a legal agreement between the Customer (“Customer”) (either an individual or a single entity) and LESLIE POSNER t/a 1st4webshops ("Leslie Posner/1st4webshops") for the purchased software product, including any software, media, and accompanying online or printed documentation ("Product").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

1. GRANT OF LICENSE
   
   Provided that the Customer complies with all terms and conditions of this agreement, Leslie Posner/1st4webshops grants the Customer a nonexclusive license including the following rights:

   1.1	The Customer may install and use ONE (1) copy of the Product within ONE (1) installation per domain for web-based software OR hardware computer for desktop software. Additional copies of the Product may be installed and used, up to the number of "Licensed Copies"
   1.2	Incorporation of the Product into the Customer’s web site/computer, modification of the Product's source-code and incorporation of the modified source-code into the Customer’s software, within the limits of the number of "Licensed Copies" purchased.
   1.3	The Customer may make copies of the Product for backup and archival purposes.

   
   Leslie Posner/1st4webshops reserves all rights not expressly granted to the Customer in this agreement.



2. RESTRICTIONS
   
   Unless the Customer has been granted prior written consent from Leslie Posner/1st4webshops the Customer may not:

   2.1	Reproduce, distribute, or transfer the product, or portions thereof, to any third party.
   2.2	Sell, rent, lease, assign, or sublet the software, portions thereof, or add-on modules.
   2.3	Grant rights to any other person.




3. SHOPPING CART MODULE LICENSE LIMITATIONS
   

   3.1	Each product license issued is based on the domain where it will be used. If the Customer requires this product to work on additional domains then the Customer requires additional separate licenses.
   3.2	Domains on the same host that are to be used specifically for testing will be added on request. Leslie Posner/1st4webshops reserves right to charge for this service in the future.




4. PRODUCT DELIVERY
   
   All Leslie Posner/1st4webshops products, documentation and related materials are delivered electronically, over the Internet.



5. PRODUCT UPDATES
   
   

   5.1	The Customer is entitled to free product updates for a period of SIX(6) months from date of purchase. Product updates after that date will be available for an additional fee.
   5.2	Leslie Posner/1st4webshops reserves the right to limit the time that updates are available to ONE(1) year. Updates older that ONE(1) year may not be available for download.
   5.3	Leslie Posner/1st4webshops has no obligation to provide the Customer with any upgrades that are not released for general distribution to Leslie Posner/1st4webshops’ other licensees.
   5.4	Nothing in this Agreement shall be construed to obligate Leslie Posner/1st4webshops to provide upgrades to the Customer under any circumstances.




6. REFUNDS AND RETURNS
   
   Leslie Posner/1st4webshops provides refunds according to their Returns Policy (http://www.1st4webshops.com/tacs)



7. TECHNICAL SUPPORT
   
   Technical support is available by raising a ticket in your Customer client area (https://www.1st4webshops.com/whmcs/clientarea.php). Services covering installation, un-installation and/or configuration are available for an additional fee.



8. DISCOUNTS
   
   Leslie Posner/1st4webshops occasionally make available Discount Coupons (discounts). Discounts are issued in the form of 'percentage off' or 'value off' and are offered to Customers via promotional emails, advertisements, on-site banners or 3rd party communications.
   The Customer can use ONE (1) discount code per order. Discount codes may have validity period or may be issued for a specific product.
   Leslie Posner/1st4webshops reserves the right to cancel or change any discount at any time and without notice.



9. LIFECYCLE POLICY
   
   Leslie Posner/1st4webshops’ Lifecycle Policy outlines the product support guidelines for a product's lifecycle. The objective of this policy is to standardise and normalise product lifecycle practices, thereby enabling Leslie Posner/1st4webshops’ Customers to make better informed purchase, support and upgrade decisions.
   Leslie Posner/1st4webshops is committed to providing support for all software products for a minimum of TWO (2) years starting from the date on which a product is officially made available for purchase.
   The sunset of a product ("End-of-Life") is the term used to describe the end of support for the product. That is, Leslie Posner/1st4webshops or a Third Party vendor will no longer provide new features, improvements, or technical assistance for that release of the product.
   End-of-Life will be announced on the relevant product page on the website (http://www.1st4webshops.com).



10. PRIVACY POLICY
    
    Leslie Posner/1st4webshops Privacy Policy is available here: (http://www.1st4webshops.com/privacy)



11. SUITABILITY
    
    The persons or company using this Product are solely responsible for thoroughly testing it to make sure it works to their satisfaction before incorporating it into their web site. By incorporating it into their web site the Customer agrees that the Product has met his/her expectations and runs to his/her satisfaction.



12. DISCLAIMER OF WARRANTY
    
    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, LESLIE POSNER/1ST4WEBSHOPS DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.



13. LIMITATION OF LIABILITY
    
    Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Leslie Posner/1st4webshops be liable to the Customer or any other person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
    In no event will Leslie Posner/1st4webshops be liable for any damages in excess of the amount Leslie Posner/1st4webshops received from the Customer for the Product or license to use the Product, even if Leslie Posner/1st4webshops shall have been informed of the possibility of such damages, or for any claim by any other party.



14. TERMINATION
    
    Leslie Posner/1st4webshops reserves the right to terminate this agreement at any time and without notice in the event the Customer defaults on payment of the license fee or any other fee for additional services provided by Leslie Posner/1st4webshops. This includes where a license to use the Product has been granted to the Customer against payment of the fee by a third party and where the third party defaults on payment of the fee. On termination of this agreement the Customer loses all rights licensed to the Customer and must stop using the Product immediately.