End User Agreement
End User License Agreement For SMR Softech Software Product(S) Scripts
SMR Softech Software Product(s)
For One (1) WebSite / (1) Domain / (1) IP Address
Notice To End User:
This End User License Agreement (EULA) is a contract between you (either an individual or a corporate organization) and SMR Softech ("SMR Softech"), which covers your use of the SMR Softech software product that comes along with this EULA and related software components, inclusive of associated media, printed materials, and online or electronic documentation. All such software and materials are hereby referred to as the Software Product Scripts.
A software license, issued to a designated user only by SMR Softech, is required for each user of the Software Product. If you do not acknowledge or comply with the terms of this EULA, please do not install or use the Software Product or the Software Product License.
However, if you install, copy, download, access the software product/software product license or explicitly accept this EULA, you acknowledge and agree to be held accountable for the following terms:
Grant Of Non-exclusive License
- Software Product License: The Software Product License, which is issued to a specific user, enables the specific user to install and use the Software Product on a single website/domain. You cannot modify or create imitative copies of the Software Product License.
- Grant of License: If issued with a validly issued software product license, SMR Softech provides you with the non-absolute, non-transferable right to use the Software Product on a single website/domain. You cannot modify or create imitative copies of the Software Product. All rights not exclusively granted to you are retained by SMR Softech.
- Backup Copy: Software Product. You can create copies of the Software Product only for backup and/or archival requirements. No other copies can be created and each copy must replicate all copyright and other proprietary rights notices present in the Software Product.
- Backup Copy: Software Product License. You can install each Software Product License only on a single website/domain and create copies of the Software Product License, only for backup and/or archival requirements. No other copies can be created and each copy must replicate all copyright and other proprietary rights notices present in the Software Product License.
Intellectual Property Rights Reserved By SMR Softech
The Software Product is protected by international copyright laws and treaties, as well as other intellectual property laws and treaties. You cannot remove or alter any copyright notices on any copies of the Software Product.
This Software Product copy is licensed, but not sold. Additionally, this EULA does not grant you any rights with regard to the trademarks or service marks of SMR Softech. SMR Softech reserves all intellectual property rights, inclusive of copyrights and trademark rights.
No Right To Transfer
You cannot rent, lease, lend, or in any way circulate or transfer any rights in this EULA or the Software Product to third parties, without SMR Softech written approval and subject to written agreement by the recipient of the terms of this EULA.
Prohibition On Reverse Engineering, Decompilation, And Disassembly
You cannot reverse engineer, decompile, circumvent license encryption mechanisms, or dismantle the Software Product or Software Product License, except such activities, are expressly allowed by applicable law except and only to the extent that such activity is expressly permitted by applicable laws.
SMR Softech will provide you with support services that are applicable to the Software Product. Use of any such support services is governed by SMR Softech policies discussed in online documentation and/or other SMR Softech documentation.
Any additional software code or related information that SMR Softech provides you as part of support services is to be considered part of the Software Product and is dependent on the terms and conditions of this EULA.
Any technical information that you provide to SMR Softech with respect to support services can be used by SMR Softech for business purposes without restriction, including for product support and development. SMR Softech will not use such technical information in any manner that can personally identify you.
Termination Without Prejudice To Any Other Rights
SMR Softech can end this EULA in the event of any non-compliance with any term or condition mentioned in the EULA by you. If such an event occurs, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
SMR Softech kindly requests you to take ample time to evaluate the software through our online demo, prior to making a purchase decision. Before making the purchase, ensure that your server supports the necessary software requirements. Refunds will not be provided on the basis of user’s lack of knowledge of the software’s functionality, limitations, or restrictions, as SMR Softech provides a comprehensive evaluation of the software by means of our online demo.
If you have any queries about the software product, please get in touch with our staff before making a decision. The entire source code is shipped with the software. The digital characteristic of the product makes it non-returnable, so sales are final. Refunds are not provided for installation charges or other non-labor related charges.
- SMR Softech reserves the liberty to reference any website or company that uses the Software in our sales and marketing literature.
- SMR Softech reserves the right to monitor compliance with this EULA and to restrict the use of the Software for non-compliance.
- Delivery. If the installation service is not required/ordered, the software product is typically delivered by email within 24-48 hours after the order has been received and processed; but please permit a maximum lead time of 3 (three) business days for delivery in exceptional circumstances (anti-fraud verifications, internet connection issues, infrastructural issues, and s on).
- Deliverables. Full PHP/JS/CSS/AJAX source code is delivered;
- Installation Service. Due to the high demand, we kindly request you to allow a maximum of 2 (two) business days for executing the paid installation service. This timeframe is considered from when all required server information has been received. Installation service will not be delivered if the destination server does not meet the software requirements.
- Anti-Fraud Verifications. We reserve the right to ask the client to give us legal documents in for the identity verification of the credit card holder, if we have reason to believe that an order is suspicious or fraudulent. We will then cancel/refund the order if these required documents are not provided by you.
It is understand that you have accepted the software product and software product license ‘as is’ and SMR Softech (and its third party suppliers and licensors) makes no warranty for its usage or performance.
The complete risk that may occur out of the use or performance of the software product remains with you. As prescribed by the maximum extent of applicable laws, SMR Softech (inclusive of
3rd-party suppliers and licensors) negates 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.
Limitation of Liability
This limitation of liability extends to the maximum possible limit as permitted by applicable laws. SMR Softech, in any given situation, will not be liable for any costs due to replacement products or services, any unique, incidental, indirect, or associated damages whatsoever (inclusive of loss of business profits, business discontinuity, or loss business information/data) that may occur due to this EULA, use of software product, inability to use the software product, or failure to provide support services, even if SMR Softech has been advised beforehand of such damages.
In any eventuality, SMR Softech (and its 3rd-party suppliers and licensors) entire liability arising out of this EULA will be limited to the greater of the amount actually paid by you for the software product provided. However, that if you have entered into a SMR Softech Support services agreement, SMR Softech Entire liability associated with support services shall be governed by the terms of that agreement.
Governing Law. Entire Agreement
This instrument contains the entire Agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained.
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