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Monday, 06 July 2009
This License Agreement is a legal agreement between You and Joomla.Comdevweb.com. Read it carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
The Software is owned by Joomla.Comdevweb.com and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Definitions
- "You", "Your" means you and your company.
- "Software" means the product provided to You, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation.
Refund
You agree to the terms of the MoneyBack Policy.
Ownership
Joomla.Comdevweb.com retains the copyright, title, and ownership of the Software and the written materials. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.
Grant of License
Joomla.Comdevweb.com grants You the following rights provided You comply with all terms and conditions of this agreement. For each license You have acquired for the Software:
- Per URL License: You are granted a limited, non-exclusive, non-transferable license to install, use The Software on ONE, unique Uniform Resource Locator (URL) only, refered as the unique URL of where The Software is installed (Installation URL).
You may not transfer the license to another person. You may not transfer the license to other URL or change the Installation URL after Your first license registration.
- License Registration: You MUST register your Installation URL in order to gain access, download and install updated files on your registered Installation URL. You can register ONLY ONE Installation URL.
- GPL License: The Software is distributed with GPL license.
Restricted Use
- You will return or destroy all copies of the Software and generated content (if applicable) if and when Your right to use it ends.
- You may not use the Software for any purpose that is unlawful.
Upgrades
If this copy of the software is an upgrade from an earlier version of the software, it is provided to You on a license exchange basis. Your use of the Software upgrade is subject to the terms of this license, and You agree by Your installation and use of this copy of the Software to voluntarily terminate Your earlier license and that You will not continue to use the earlier version of the Software or transfer it to another person or entity.
Additional Software
This license applies to updates, upgrades, modules, plug-ins and any other additions to the original Software provided by Joomla.Comdevweb.com.
Promotional Materials
You agree to allow Joomla.Comdevweb.com to list the web address of a web page You create utilizing The Software in promotional materials and/or on Joomla.Comdevweb.com's website.
Indemnity
You agree to indemnify, hold harmless, and defend Joomla.Comdevweb.com, including it's company, at Your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Joomla.Comdevweb.com arising out of or relating to Your (i) violation or breach of any term of this License, and or (ii) use or misuse of The Software
Termination
Joomla.Comdevweb.com may terminate this License if You fail to comply with the terms of this License, of if You have not paid applicable license fees, or any applicable agreement relating to professional or other services Joomla.Comdevweb.com may provide to You.
Termination of the license may include, but not be limited to, marking the Registered URL as invalid to prevent further installations or usage. Upon termination of license, You shall immediately discontinue the use of the Software, remove The Software from Your computer equipment and destroy the written materials and all copies of The Software in Your possession, including modified copies, if any.
Export Controls
You agree that you will not export the Software or documentation. The Software and all underlying information and technology is subject to Malaysian export controls, including any Export Administration Regulations, recognized internationally and may be subject to export or import regulations in other countries, based on accepted Malaysian and/or International laws on jurisdiction related to the source of the creation, production and sale of The Software. You are responsible for complying with all trade regulations and laws, both foreign and domestic, that is, Malaysian.
Warranty
You represent and warrant that You are solely responsible for ensuring compliance with all applicable laws.
Disclaimer of Warranty
The software is provided "AS IS" and you assume all risk with its installation, configuration and use and as such there are no warranties, claims or representations made by Joomla.Comdevweb.com., either express, implied, or statutory, with respect to the software, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage.
Further, Joomla.Comdevweb.com. does not represent or warrant that the software or any related service will always be available, accessible, accurate, complete, or error-free.
The foregoing exclusions and disclaimers are an essential part of this agreement and forms the basis for determining the price charged for the software and any associated services. some countries or states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you, however, this shall be subject to malaysian and/or international laws on jurisdiction
Limitation of Liability
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION ALL CONDUCT ASSOCIATED WITH ADMINISTRATION). IN NO EVENT SHALL JOOMLA.COMDEVWEB.COM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, IRRESPECTIVE OF, EVEN IF JOOMLA.COMDEVWEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOOMLA.COMDEVWEB.COM'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO JOOMLA.COMDEVWEB.COM FOR THE USE OF THE SOFTWARE.
YOU HEREBY RELEASE JOOMLA.COMDEVWEB.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU, BUT SHALL BE SUBJECT TO MALAYSIAN AND/OR INTERNATIONAL LAWS ON JURISDICTION.
Governing Language
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
General Provisions
This license constitutes the entire agreement between the parties relating to the Software and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this license. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favour of the terms of this License Agreement. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license.
This License shall be governed by and construed in accordance with Malaysian and/or International laws and without regard to its conflict of rules on such respective laws, giving emphasis to rules on recognized jurisdiction. Any legal proceeding arising out of or relating to this Agreement will be subject to the exclusive jurisdiction based on Malaysian and/or International laws and in particular on the basis of the founding and existence of Joomla.Comdevweb.com, that is, with its expressed jurisdiction being in Malaysia, irrespective of whether The Software is made available for downloading, for You, from servers in Malaysia or otherwise. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
If you have any questions or concerns about the license agreement(s) please contact us.
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