End User License Agreement
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and ILance ("ILance Inc."), which covers your use of the ILance software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by ILance or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
1. Grant of Non-Exclusive License
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a computer system operating on one or more domain names connecting to as many databases as the Software Product license plan is limited to. You may modify the software files with the purchase of the open source code, but can not under any circumstance create derivative copies of the Software Product files or associated software product license.
(b) Grant of License. Subject to a validly issued Software Product License, ILance grants to you the non-exclusive right for you to use the Software Product running a validly licensed copy. You may modify the software with the purchase of the open source code, but can not under any circumstance create derivative copies of the Software Product.
All rights not expressly granted to you are retained by ILance.
(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License. You may install each Software Product license and make copies of the Software Product license as necessary only for backup and/or archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
2. Intellectual Property Reserved by ILance
The Software Product is protected
by U.S, CANADA, and international copyright laws and treaties,
as well as other intellectual property laws and treaties.
You must not remove or alter any copyright notices on any
copies of the Software Product unless a certified "Brand Removal" authorization service has been purchased. In the event that a "Branding Removal" authorization service is purchased, you cannot alter or remove the core copyright statements within the supplied PHP software code.
This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of ILance. ILance reserves all intellectual property rights, including copyrights, and trademark rights including clients that purchase a "Brand Removal" authorization service.
3. License Transfer
The original licensee of the software may move forward with a "one-time" permanent transfer of the software license rights to a third party. Some conditions must be met:
- You are the original license holder with an active (non-expired) license
- The original license was purchased at least 90 days prior to the transfer
- The new licensee must pay a one-time transfer fee of $99 to ILance Inc. for the handling and account update process. Payment for transfer fee can only be processed when new licensee account has been transferred to ILance Inc.
- The new licensee must understand and agree that the new transferred license can no longer be re-transfered
- The new licensee will automatically be opted into adhering to this EULA agreement entirely
4. License Reselling (Enterprise License Only)
Enterprise license holders are authorized to resell up to 10 ILance software licenses up to ten unique customers. This clause does not apply to other sold licenses such as Developer, Enthusiast, Start-Up or Business.
5. Support Services
ILance may provide you with support services related to the Software Product. Use of any such support services is governed by the ILance polices and programs described in "online" documentation and/or other ILance-provided materials. Any supplemental software code or related materials that ILance provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to ILance as part of the support services, ILance may use such information for its business purposes without restriction, including for product support and development. ILance will not use such technical information in a form that personally identifies you.
6. Termination Without Prejudice to any Rights
ILance may terminate this EULA if you fail to comply with any terms or conditions of this EULA. In such event, Licensee agrees to destroy all copies of the Software Product upon termination of the license.
You agree to release, defend, indemnify and hold harmless ILance and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your use of the services provided by ILance. Should ILance be notified of a pending law suit, or receive notice of the filing of a law suit, ILance may seek a written confirmation from you concerning your obligation to indemnify ILance. Your failure to provide such a confirmation may be considered a breach of this agreement.
8. No Warranties
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND ILANCE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ILANCE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. Non-Refund Policy
ILANCE OPEN SOURCE SOFTWARE CANNOT BE REFUNDED UNDER ANY CIRCUMSTANCES UPON THE FINANCIAL SETTLEMENT OF THE SOFTWARE PRODUCT.
10. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES, CONSULTANTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID TO "ILANCE INC." CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Governing Law; Entire Agreement
This EULA is governed by the laws of the Commonwealth of Ontario, CANADA., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and ILance.
Last updated: Dec 8, 2015