IMPORTANT:
Please note that this document contains two (2) licenses: Sharetronix Commercial Annual Server License and Sharetronix Personal Only Free License. Please read and accept the terms and conditions of the appropriate License that reflects your intended use of the Sharetronix Software prior to downloading the software.
Please read this License before purchasing, downloading, installing, testing, using, modifying, integrating, or distributing any version of the Sharetronix Software. The Licensee is agreeing to be bound by this License and the licenses granted hereunder are subject to compliance with all terms of this License.
Licensee is hereby required to keep intact and display the author attribution "Powered by Blogtronix" and the associated hyperlinks to Blogtronix.com on all user interface webpages of the on-line community website including the webpages containing legal notices and terms and conditions. Licensee is further required to retain the author attribution "Powered by Blogtronix" within the source code of the Sharetronix Opensource 1.4.2 and later versions. Alternatively, the Licensee can purchase the right to remove the Blogtronix logo and the associated hyperlink to Blogtronix.com.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL, USE, MODIFY, OR INTEGRATE ANY PORTION OF THE LICENSED SOFTWARE.
"Licensor" denotes Blogtronix LLC.
"Software" denotes the licensed Sharetronix software.
"Licensed Software" denotes the same as Software.
"License" denotes this document.
"Licensee" denotes an individual or entity exercising rights under and complying with the terms of this License who has received express permission from the Licensor to exercise rights under this License.
"Perpetual License Fee" denotes the required amount of money to be paid as a one-time payment by Licensee to Licensor for legal usage of the Software on one (1) internet domain, which has been registered by the Licensee with the Licensor, under the terms of this agreement. The Perpetual License Fee grants the Licensee with one (1) year of Software updates and any release upgrades.
"Annual Support Fee" denotes the optional amount of money Licensee must pay Licensor for legal access to annual updates and any upgrades beyond the first year of use under the terms of this agreement.
"Adaptation" denotes a derivative work based upon the Licensed Software resulting from any addition to, editing of or deletion from the substance or structure of the original source code or a compiled version of the Licensed Software or any previous Adaptations or a work that programmatically interacts with the Licensed Software.
Licensor hereby grants the Licensee a non-transferable, non-assignable, non-exclusive license, under any patent the Licensor holds in the Software, to access, download, install, use, integrate and display the Software on one (1) Internet domain that has been registered with the Licensor. Licensee agrees to provide a current web address/ URL and an e-mail as a condition of the perpetual license and agrees to receive Blogtronix newsletters of software updates and other promotional material.
This perpetual License is given on a per server website basis. For example, if Licensee is developing websites for customers, then Licensee must purchase or require the purchase of one perpetual License per each server and/or per each site for each customer. If there are two (2) load-balanced servers serving one (1) website, Licensee must purchase 2 (two) Licenses for the site; alternatively, if there is one (1) server that supports multiple sites, Licensee must purchase a separate License of each site. Similarly, if Licensee is deploying Sharetronix on multiple servers within a compnay, then Licensee must purchase one License for each server on which Sharetronix will be installed and/or for each site that runs the Sharetonix software.
This License does not grant the right to sell this Software; this license prohibits the right to sell this Software although a resale of an already purchased license is possible. Licensee shall not sell or sublicense Blogtronix derivative products. Licensee shall not distribute Blogtronix derivative products for free. Licensee shall not reverse engineer the Blogtronix source code or utilize Blogtronix source code or any of its IP to compete with Blogtronix. Licensee may resell an already purchased License is Licensee obtains a written permission, a reseller agreement, from Blogtronix to act as a Blogtronix reseller.
Software is provided "as-is" and Licensee is not entitled to any upgrade, point release, modification, bug-fix or enhancement beyond one year unless such services are purchased through an Annual Support Fee. Blogtronix shall provide limited support under this license.
This License applies only to the Software version purchased by the Licensee; any additional and later versions released by the Licensor are not covered by this License.
All rights that are not expressly granted by this Agreement are expressly reserved by Licensor.
Except as specifically set forth herein or unless otherwise agreed to between Licensor and Licensee, Licensee shall not have the right to copy, sell, lease, relicense, transfer, assign or make available the Software for any other use non specified in the License. Licensee shall use its best efforts to ensure that no unauthorized copy of the Software will be made, in whole or in part, in any form.
Licensee shall not, without the prior written consent of Blogtronix, post any advertisements related to Sharetronix, or receive money, goods or services for providing professional services related to Sharetronix, including but not limited to custom development and support. Licensee shall not receive money, donations, goods or services in exchange for external sponsorship of the Licensee's instance.
Any attempt to take any such actions is a violation of this License and will automatically terminate Licensee's rights under this License.
All rights not expressly granted by Licensor are hereby reserved.
The rights and licenses granted hereunder shall commence on the date any of the Software are electronically delivered to Licensee.
Licensor agrees to make the Software available for electronic delivery to and use by Licensee for up to fourteen (14) days promptly after the Licensee accepts the terms and conditions of this license. Licensor agrees to make the Software available for use by Licensee and to provide software updates for up to one (1) year promptly after the Licensee accepts the terms and conditions of this license and the Licensor receives the Perpetual License Fee paid by the Licensee to the Licensor.
Licensor agrees to provide the Licensee with annual Software updates for up to one year after the Licensor receives the Annual Support Fee paid by the Licensee.
This license is subject to termination by Licensor at any time if (a) Licensee violates any terms of this License, (b) Licensor has a reasonable basis to believe that Licensee's business is impairing Licensor's business, or (c) for any other reason.
Licensor is the sole owner of all intellectual property rights pertaining to the Licensed Software. Licensee grants all IP rights on derivative products to Blogtronix to the extent allowable by law. The product, after enhancements, additions, subtractions or any other changes to the source code, is defined as a Blogtronix derivative product, an adaptation, and may not be re-sold or sublicensed.
Blogtronix branding shall remain prominently displayed on all instances of the software. Users can purchase the right to remove the Blogtronix logo at a price determined and quoted by Blogtronix.
Licensor reserves all rights not expressly granted herein.
To the fullest extent permissible under applicable law the licensed Software and the contents herein are provided as a convenience to you and are provided on "as is" and "as available" basis. Blogtronix LLC does not warrant that its licensed Software will be uninterrupted or error-free and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, reliability, or other harm of the licensed software or any content thereon.
No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the licensed Software. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Blogtronix LLC shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use the licensed software, even if Blogtronix LLC has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Blogtronix LLC would in such case be limited to the greatest extent permitted by law.
Licensee is solely responsible for determining the appropriateness of using the licensed Software and assumes all risks associated with its exercise of rights under this agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, suitability for hosting and unavailability or interruption of operations.
Except to the extent required by applicable law, the cumulative, aggregate liability of licensor to licensee for all claims related to the licensed software and this agreement, will not exceed the total amount of all license fees paid to licensor hereunder.
Licensor will not in any case be liable for any special, incidental, consequential, indirect, punitive, or exemplary damages arising in any way out of the use of the product, the services or this agreement, including without limitation, damages for lost profit, lost revenue, loss of use, loss of data, costs of recreating lost data, the cost of any substitute equipment, program, or data, or claims by any third party, including with limitation third party claims of infringement of intellectual property rights, infringement of copyright, trademark, patent, or trade secrets. Licensee's sole and exclusive remedy is set forth in this agreement. The limitation on damages set forth will not apply to indemnification obligations or breaches by Licensee.
Licensee shall indemnify Licensor, its employees, officers, licensees and agents for all damages, costs and expenses, including, without limitation, attorneys' fees, arising from any claims arising as a result of Licensee's use of the Licensed Software, either as provided or as Adapted by Licensee.
If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Blogtronix LLC service will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are accepting these Terms of Use on behalf of an entity that is legally unable to accept the governing law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
This License constitutes the entire agreement between Licensor and Licensee with respect to the use of the Licensed Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No one other than Licensor has the right to modify or amend this License.
No term or provision of this License shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Licensor.
Please read this License before downloading, installing, using, modifying, or integrating any version of the Sharetronix Software. The Licensee is agreeing to be bound by this License and the licenses granted hereunder are subject to compliance with all terms of this License.
Licensee is hereby required to keep intact and display the author attribution "Powered by Blogtronix" and the associated hyperlinks to Blogtronix.com on all user interface webpages of the on-line community website including the webpages containing legal notices and terms and conditions. Licensee is further required to retain the author attribution "Powered by Blogtronix" within the source code of the Sharetronix Opensource 1.4.2 and later versions. Alternatively, the Licensee can purchase the right to remove the Blogtronix logo and the associated hyperlink to Blogtronix.com.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL, USE, MODIFY, OR INTEGRATE ANY PORTION OF THE LICENSED SOFTWARE. DISTRIBUTION OF THE SHARETRONIX SOFTWARE IS PROHIBITED.
"Licensor" denotes Blogtronix LLC.
"Software" denotes the licensed Sharetronix software.
"Licensed Software" denotes the same as Software.
"Adaptation" denotes a derivative work based upon the Licensed Software resulting from any addition to, editing of or deletion from the substance or structure of the original source code or a compiled version of the Licensed Software or any previous Adaptations or a work that programmatically interacts with the Licensed Software.
"License" denotes this document.
"Licensee" denotes an individual or entity exercising rights under and complying with the terms of this License who has received express permission from the Licensor to exercise rights under this License.
Licensor hereby grants the Licensee a non-transferable, non-assignable, non-exclusive license, under any patent the Licensor holds in the Software, to access, download, install, use, integrate and display the Software on one (1) Internet domain that has been registered with the Licensor. Licensee agrees to provide a current web address/ URL and an e-mail as a condition of the perpetual license and agrees to receive Blogtronix newsletters of software updates and other promotional material.
This License does not grant the right to sell this Software; this license prohibits the right to sell this Software. Licensee shall not sell or sublicense Blogtronix derivative products. Licensee shall not distribute Blogtronix derivative products for free.
Licensee shall not reverse engineer the Blogtronix source code or utilize Blogtronix source code or any of its IP to compete with Blogtronix. Licensee may not embed the Sharetronix software , or any parts derived out of it, in any other distributable free or commercial products.
Software is provided "as-is" and Licensee is not entitled to any upgrade, point release, modification, bug-fix or enhancement. Blogtronix shall not provide any support or professional services under this license.
This License applies only to the Software version obtained for free by the Licensee; any additional and later versions released by the Licensor are not covered by this License.
All rights that are not expressly granted by this Agreement are expressly reserved by Licensor.
Except as specifically set forth herein or unless otherwise agreed to between Licensor and Licensee, Licensee shall not have the right to copy, sell, lease, relicense, transfer, assign or make available the Software for any other use non specified in the License. Licensee shall use its best efforts to ensure that no unauthorized copy of the Software will be made, in whole or in part, in any form.
Licensee shall not, without the prior written consent of Blogtronix, post any advertisements related to Sharetronix, or receive money, goods or services for providing professional services related to Sharetronix, including but not limited to custom development or support. Licensee shall not receive money, donations, goods or services in exchange for external sponsorship of the Licensee's instance.
Licensee shall not engage in any form of e-commerce using Blogtronix derivative products covered by this Personal License. To engage in e-commerce, Licensee may purchase Sharetronix Commercial Annual License available for purchase and download on the Sharetronix website.
Any attempt to take any such actions is a violation of this License and will automatically terminate Licensee's rights under this License.
All rights not expressly granted by Licensor are hereby reserved.
The rights and licenses granted hereunder shall commence on the date any of the Software are electronically delivered to Licensee. Licensor agrees to make the Software available for electronic delivery to Licensee promptly after the Licensee accepts the terms and conditions of the Sharetronix Personal Use Only Free License.
This license is subject to termination by Licensor at any time if (a) Licensee violates any terms of this License, (b) Licensor has a reasonable basis to believe that Licensee's business is impairing Licensor's business, or for any other reason.
Licensor is the sole owner of all intellectual property rights pertaining to the Licensed Software. Licensee grants all IP rights on derivative products to Blogtronix to the extent allowable by law. The product, after enhancements, additions, subtractions or any other changes to the source code, is defined as a Blogtronix derivative product, an adaptation, and may not be re-sold or sublicensed.
Blogtronix branding shall remain prominently displayed on all instances of the software. Users can purchase the right to remove the Blogtronix logo at a price determined and quoted by Blogtronix.
Licensor reserves all rights not expressly granted herein.
To the fullest extent permissible under applicable law the licensed Software and the contents herein are provided as a convenience to you and are provided on "as is" and "as available" basis. Blogtronix LLC does not warrant that its licensed Software will be uninterrupted or error-free and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, reliability, or other harm of the licensed software or any content thereon.
No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the licensed Software. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Blogtronix LLC shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use the licensed software, even if Blogtronix LLC has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Blogtronix LLC would in such case be limited to the greatest extent permitted by law.
Licensee is solely responsible for determining the appropriateness of using the licensed Software and assumes all risks associated with its exercise of rights under this agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, suitability for hosting and unavailability or interruption of operations.
Licensor will not in any case be liable for any special, incidental, consequential, indirect, punitive, or exemplary damages arising in any way out of the use of the product, the services or this agreement, including without limitation, damages for lost profit, lost revenue, loss of use, loss of data, costs of recreating lost data, the cost of any substitute equipment, program, or data, or claims by any third party, including with limitation third party claims of infringement of intellectual property rights, infringement of copyright, trademark, patent, or trade secrets. Licensee's sole and exclusive remedy is set forth in this agreement. The limitation on damages set forth will not apply to indemnification obligations or breaches by Licensee.
Licensee shall indemnify Licensor, its employees, officers, licensees and agents for all damages, costs and expenses, including, without limitation, attorneys' fees, arising from any claims arising as a result of Licensee's use of the Licensed Software, either as provided or as adapted by Licensee.
If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Blogtronix LLC services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are accepting these Terms of Use on behalf of an entity that is legally unable to accept the governing law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
This License constitutes the entire agreement between Licensor and Licensee with respect to the use of the Licensed Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No one other than Licensor has the right to modify or amend this License.
No term or provision of this License shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Licensor.