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User Disclaimer and Software License Agreement
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IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE USING TIMELIVE'S SOURCE CODE (REBRANDING RIGHTS).
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By your action of using TimeLive, you are agreeing to comply with all terms contained
in this License. This is a legal agreement between you ("Client") and Livetecs.com
("Developer"). If you do not agree to these terms, you may not install or use
the software in any way. If you have already installed the software, you must uninstall
TimeLive and destroy all copies of TimeLive in your possession, including the
alterations you may have made to the Source Code package. You must agree that TimeLive's Source
Code package is licensed, not sold.
If you have any questions about this
agreement, you can contact Livetecs.com at the following address, phone numbers
or email address:
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Contact Information
Livetecs LLC,
1903 60th Place E, Suite M4622,
Bradenton, FL 34203,
USA
http://www.LiveTecs.com
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Sales : |
sales@livetecs.com |
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Support : |
support@livetecs.com |
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Billing : |
billing@livetecs.com |
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Toll Free-Sales/Support : |
1-888-666-8154 |
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Fax: |
1-941-718-4833 |
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The Title, ownership rights and intellectual property rights in and to the Software
shall remain with Livetecs. (''Developer'). You agree to be bound by the International
Copyright Law and all other applicable laws of the United States and Canada including,
but not limited to, export control laws. Under no circumstances shall "Livetecs.com"
Copyright references be removed from any page within the application. |
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The Software for the Redistribution/Rebranding License includes all VB.NET, ASPX, T-SQL and JavaScript source code necessary to make modifications to the design and functionality of the Software.
You MAY rebrand the Software by removing or replacing TimeLive's logos and links with your own.
This license allows you to make unlimited code modifications and use the Software on unlimited servers and applications within or without your organization and grants you the right to rebrand, resell and redistribute the Software freely as long as you do so without directly competing with Livetecs LLC and continue to comply with all other provisions set forth herein. In other words, you may not use the Software in a way that could lead to a decrease in sales of the Software on Livetecs's own Web site. If there is any question whatsoever as to whether your
use of the Software would be deemed by Livetecs LLC as being in "direct competition"
with its online sales of the Software, you should contact Livetecs LLC immediately
and request permission to proceed with your use of the Software.
By way of example, the following use of the Software is deemed ACCEPTABLE: Your company is a Web development company whose customers request you to build a survey system for them. When you get such a request, you modify the Software's codes to tailor it to your customer's specific needs, and deploy the revised application on your customer's server (without source code).
An example of an UNACCEPTABLE use of the software follows: You make the Software available in its original form, or with minor changes, on your company's Web site and either charge your Web site's visitors a fee to download it or allow them to download it free of charge.
The Redistribution License grants ROYALTY-FREE distribution rights. However, when distributing the Software, the individuals and organizations receiving the Software ARE NOT transferred distribution rights. The Recipient may use the Software within the Recipient's organization but MAY NOT inherit your rights to resell or redistribute the Software. Instead, you must provide your own license to your customers who precludes them from redistributing and/or reselling the Software.
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No trial package is available for the Source Code package. Therefore, the Source
Code files cannot be sent before they are purchased. Since the free account offers
all of the Software features, the Client has sufficient information to take a clear
decision before purchasing a license of the Software.
Under no circumstances shall a refund be applied after the Source Code package is
sent to the Client. Upon purchase, an email will be sent to the Client, containing
a link to download your installation files, within 1-3 business days. Once the email
that includes this link is sent, no refund can be applied. No box or cd is shipped. |
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4. RESTRICTIONS |
You may not:
use the Software in a way that could lead to a decrease in sales of the Software
on Livetecs LLC's own Web site. If there is any question whatsoever as to whether
your use of the Software would be deemed by Livetecs as being in "direct competition"
with its online sales of the Software, you should contact Livetecs LLC immediately
and request permission to proceed with your use of the Software.
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5. COPYRIGHT |
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All titles, copyrights, and other intellectual property rights in and to the SOFTWARE
(including but not limited to any images, icons, buttons, artwork, design elements,
photographs, animations, video, audio, text and "applets," incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are
owned by Livetecs. The product is licensed, not sold. Any infringement to this clause
will void all warranties. |
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6. DISCLAIMER OF WARRANTIES |
PROVIDES NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SOURCE CODE PACKAGE, INCLUDING WARRANTIES
OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE,
OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS
OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED.
DEVELOPER DOES NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING
EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE
BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, LIVETECS PROVIDES THE SOFTWARE "AS
IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY)
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL LIVETECS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF LIVETECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. |
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7. TERMINATION |
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Without prejudice to any other rights, this license, including the warranties, will
terminate automatically if you fail to comply with any term hereof. No notice shall
be required from Developer to effect such termination. On termination, you must
destroy all copies of the Software, including all of its component parts, and any
alterations you may have made.
Your obligation to pay accrued charges and fees shall
survive any termination of this Agreement. |
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8. MISCELLANEOUS |
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This Agreement represents the complete agreement concerning this license between
the parties and supersedes all prior agreements and representations between them.
It may be amended only by a writing executed by both parties. If any provision of
this Agreement is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it enforceable.
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