Email Marketing Solutions UK: iTracker Software License

iTRACKER SOFTWARE LICENSE

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING AND INSTALLING THIS SOFTWARE. THE INDIVIDUAL OR ENTITY BUYING THIS PACKAGE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. ALL SALES OF THE SOFTWARE PACKAGE KNOWN AS iTRACKER ARE BINDING AND FINAL.

The enclosed computer programme(s) and accompanying documentation are provided to the End User by Russell Potter/Email Marketing Solutions ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End User. The End User owns the right to install one copy of iTracker (the "Software") on a single domain per purchased license, but Licensor retains ownership of all copies of the Software itself. The End User assumes sole responsibility for the use and results obtained from use of the Software.

1. License

End User is granted a limited, non-exclusive and non-transferrable license to do only the following:

A. Install and maintain one copy of the Software on a single domain only. The domain where the software is to be installed must be supplied to Licensor at the time of purchase/lease.

B. Make one copy in machine-readable form solely for backup or archival purposes for the domain which the Software is installed. The Software is protected by copyright law. As an express condition of this License, the End User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor.

C. End User may modify the software at End Users own risk. Modifying the software voids any warranties offered and voids the ability to receive support for any supplied upgrades. If software is modified, End User understands that all copyright notices must remain in the software and also understands that End User has no right to resell or distribute the modified code in any way.

2. Restrictions

The End User may not sublicense, assign, or distribute copies of the Software to others. The End User may not decompile, reverse engineer, disassemble, or create derivative works based upon this Software.

THE END USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 1C ABOVE.

The End User may not remove any proprietary notices, labels or marks on the Software and accompanying documentation. Title to Software and documentation shall remain solely with Licensor.

The End User may not copy or use any content published on this website without prior written authorisation. All content on this website is copyright & reproduction is expressly forbidden.

3. Protection and Security

The End User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorised person shall have access thereto and that no unauthorised copy, publication, disclosure or distribution in whole or in part, in any form, shall be made.

The End User acknowledges that the Software contains valuable copyrighted information, confidential information and trade secrets and that unauthorised use and/or copying are harmful to Licensor. The End User agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Licensor.

4. License Fee

The End User agrees to remit to Licensor the license fee for purchase of the Software. Licensor may present to End User an appropriate invoice for the agreed amount upon execution of this agreement. License fee collected by Licensor is for purchase of the Software to End User. For purchased software, the License fee is for installation on one domain only.

5. Termination

This License will terminate immediately with or without notice from Licensor if the End User fails to comply with any of its provisions. If you do not comply with any of the above restrictions, you will be liable to Licensor for any damages or losses caused by your non-compliance. Any failure by Licensor to enforce any restrictions in every instance in which it may do so will not amount to a waiver of Licensor's rights under this License Agreement.

Upon termination the End User must destroy the Software and all copies thereof, and the End User may terminate this License at any time by doing so.

6. Limited Warranty

Licensor agrees that, for 30 days from the date of purchase by the original End User, the Software shall operate substantially in accordance with the published functional specifications current at the time of shipment.

This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor.

No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.

THE WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE END USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOSS OF PROFITS TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMIT, BUSINESS INTERRUPTION OR LOSS OF DATA.

LICENSOR'S LIABILITY (IF ANY) TO THE END USER WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.

Licensor reserves the right in its sole discretion to amend this Software License Agreement at any time by posting the amended terms on this site. The amended terms shall be effective from and after the date they are posted.

This License will be governed by and construed in accordance with the laws of

Scotland

and shall inure to the benefit of Licensor and End User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the address detailed in the "contact us" section of this website.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorised officer of Licensor.

BY PURCHASING OR LEASING THIS SOFTWARE, THE END USER ACKNOWLEDGES THAT THEY HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Should you have any questions concerning this License, contact Licensor before purchase/lease of this software.

iTracker System Requirements
1. Your domain must be hosted on a Unix system. This product has not been tested on Win NT servers. 2. MySQL on your host machine and a MySQL database set up for your domain. 3. PHP 4.01 or higher.

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