Terms & Conditions
BY ORDERING SOFTWARE ON THIS WEB SITE
OR BY BECOMING AN AFFILIATE OF BannerRelay.com OR BY USING THIS WEBSITE IN
ANY WAY, YOU AGREE TO THE FOLLOWING LICENSE:
License Grant
BannerRelay.com hereby grants you a non-exclusive license to use one copy of
the software you order on a single web site unless otherwise stated or extra
groups/installs have been purchased.
BannerRelay.com guarantees successful
installation of all software you buy from BannerRelay.com and the program
working on your server in a way as demonstrated in our demo section and
requirement subject to the following conditions:
Software Installation
Free installation does not include HTML and database customizing or graphic
design, we install programs with trial pages - the same you can see in our
demo section. Customizing HTML pages is not included. You can do it
yourself, order from us for an additional charge or from a third party. We
will freely install purchased program on your site and make sure it works
correctly, but it will be your responsibility to create HTML pages and/or
databases and modify HTML pages and/or templates according to your sites
requirements.
We offer free installation on one site only. If we installed/supported
installation of the program on your site, and subsequently you move to a
different provider or something changes on your server and you need another
installation, charge for additional installation is $20.00.
Self Software Installation
You do not need to know anything about CGI programming to install and use
our software. However, to use some of our programs, you do need the
following:
- Basic knowledge of Internet tools (for
example, be able to use FTP).
- Basic knowledge of the operating system
your server uses (be able to create and change directories, be able to
change permissions on files and directories).
- Basic knowledge of HTML, such as be able
to write simple forms.
Please, note: if you use HTML editors like MS FrontPage, you need to know
HTML well enough to be able to edit pages created by your program in a
text editor such as Notepad or UltraEdit.
Web Browsers Capability
We cannot guarantee that all of our programs will work with browsers other
than Netscape 6+ and Internet Explorer. If any particular browser, such as
AOL, WebTV, Compuserve, etc. is important for your site, please check our
demos to make sure that the program will work with the browser of your
choice.
Limitation of Liability
IN NO EVENT WILL BannerRelay.com BE LIABLE FOR ANY
DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF ITS WEBSITE OR SOFTWARE,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, DIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF
BANNERRELAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation
of certain warranties and damages; therefore, part of the provisions above
may not apply to you.
You are only allowed to modify scripts if you purchase the script you are
modifying, however BannerRelay.com will not be liable for any damages
resulting from use of modified scripts. You may not modify with the intent
of reselling our code unless prior written approval is given by
BannerRelay.com.
You are allowed to use software products on one web site. If you are
interested in using our products on more than one site, for more than one
client or within more then one domain, please e-mail us and we'll work out a
licensing agreement.
Proprietary Protection
BannerRelay.com shall have sole and exclusive ownership of all right, title,
and interest in and to the Licensed Program and all modifications and
enhancements thereof (including ownership of all trade secrets and
copyrights pertaining thereto), subject only to the rights and privileges
expressly granted to you herein by BannerRelay.com. This Agreement does not
provide you with title or ownership of the Licensed Program, but only a
right of limited use. You must keep the Licensed Program free and clear of
all claims, liens, and encumbrances.
Software Upgrade
Any Software updates that may be made available by BannerRelay.com from time
to time will be supplied at BannerRelay.com’s website download area.
BannerRelay.com does not guarantee backward compatibility with previous
versions of software as it retains the right to add, remove or modify any
feature or function in previous versions, at its sole discretion.
Restrictions
You may not use, copy, modify, or distribute the Licensed Program
(electronically or otherwise), or any copy, adaptation, transcription, or
merged portion thereof, except as expressly authorized by BannerRelay.com.
All purchases of any software are subject to a minimum charge.
Minimum charges are listed in each products details of the purchasing
section of the "Pay Your Own Price" forms. If you choose to take advantage
of this offer, you will not be entitled to a Free Install as stated on the
Web Site! Your rights may not be transferred, leased, assigned, or
sublicensed except for a transfer of the Licensed Program in its entirety to
(1) a successor in interest of your entire business who assumes the
obligations of this Agreement or (2) any other party who is reasonably
acceptable to BannerRelay.com, enters into a substitute version of this
Agreement, and pays an administrative fee intended to cover attendant costs.
No service bureau work, multiple-user license, or time-sharing arrangement
is permitted, except as expressly authorized by BannerRelay.com. If you use,
copy, or modify the Licensed Program or if you transfer possession of any
copy, adaptation, transcription, or merged portion of the Licensed Program
to any other party in any way not expressly authorized by BannerRelay.com,
your license is automatically terminated.
Display of Copyright and "Powered By" Notices Required
All copyright notices used throughout the program, within the scripts and
within the HTML that the scripts generate, MUST remain intact. Furthermore,
these notices, including "powered by" wording that appears online, must
remain visible to the human eye. Your acceptance of this agreement also
permits BannerRelay.com to list your Web site in promotional materials
and/or on our Web site, unless a special agreement is made prohibiting such
use.
Refund Policy
Please, look at all aspects of the software you are interested in. We value
customer satisfaction and will be happy to answer all the questions
regarding scripts you have purchased. We cannot refund your purchase price
if it does work as we promise, but you decide that it is not something you
want or need. We will promptly refund purchase price, if you can run
custom CGI programs on your site and we fail to install software on your
server. We will be unable to refund purchase price if you claim that program
does not work but refuse to provide us access to the server for free program
installation or troubleshooting.
Injunctive Relief
You acknowledge that, in the event of your breach of any of the foregoing
provisions, BannerRelay.com will not have an adequate remedy in money or
damages. BannerRelay.com shall therefore be entitled to obtain an injunction
against such breach from any court of competent jurisdiction immediately
upon request. BannerRelay.com's right to obtain injunctive relief shall not
limit its right to seek further remedies.
Governing Law
This License Agreement shall be construed and governed in accordance with
the laws of the State of Colorado, USA.
Costs of Litigation
If any action is brought by either party to this License Agreement
against the other party regarding the subject matter hereof, the prevailing
party shall be entitled to recover, in addition to any other relief granted,
reasonable attorney fees and expenses of litigation.
Severability
Should any term of this License Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have no
effect on the remaining terms hereof.
No Waiver
The failure of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
Integration
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF BANNERRELAY.COM'S
OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL,
REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF BannerRelay.com
RELATING TO THE SUBJECT MATTER HEREOF.
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