Open source programming cannot be returned. If there is an issue with the plugin, I will make every
Updates and documentation for this program are remotely hosted from my servers. A live server, valid product key, valid domain, and membership to this website are required for access to updates and documentation.
License
SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT is entered into as of the User Meta Manager Pro WordPress plugin software download date ("Effective Date") by and between Jason Lau ("LICENSOR") and the software purchaser ("LICENSEE").
WHEREAS, Licensee wishes to license software for the purpose of extending the User Meta Manager WordPress plugin ("LICENSED PROGRAM") and Licensor desires to license this software to licensee.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, Licensor grants to Licensee a non-exclusive, non-transferable license to download and use the software identified previously (the "Licensed Program") for the purpose of extending the User Meta Manager WordPress plugin. Additionally, Licensor grants to Licensee a single website Product Key specifically for use with the licensed program. Licensee may use the Licensed Program in executable format for its own use, and may translate or modify the licensed program. Licensee may not, however, transfer or sublicense the Licensed Program, or it's product key to any third party, in whole or in part, in any form, whether modified or unmodified. Licensee must apply the licensed program's product key to the licensed program within five (5) days of purchase, or the product key and future updates are forfieted by the Licensee without notice or refund. Licensee may not tamper with or edit in any way the Licensed Program product key, plugin update process coding, or product key validation coding. Doing so will automatically terminate the license for the Licensed Program
2. CONSIDERATION TO Licensor
a. Licensee shall pay, prior to delivery of the Licensed Program, the license fees set forth by Licensor.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full.
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Program. Each Licensed Program is copyrighted but unpublished by Licensor. Licensee agrees to reproduce and apply the copyright notice and proprietary notice of Licensor to all copies made hereunder, in whole or in part and in any form, of Licensed Program.
4. OWNERSHIP
The original and any copies of the Licensed Program, made by Licensee, including translations, compilations, partial copies, modifications, and updates, are the property of Licensor.
5. PROPRIETARY RIGHTS
Licensee recognizes that Licensor regards the Licensed Program as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Program, it's product key, or any portion thereof, to any person other than employees of Licensee without the prior written consent of Licensor. Licensee further agrees to treat the Licensed Program with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Program.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
Licensor may terminate this Agreement immediately, without notice to Licensee, if Licensee is in default of any of the terms and conditions of this Agreement. The Licensed Program's product key automatically expires after one year, unless Licensor must terminte this Agreement.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the Licensed Program. Within one (1) month after termination of this Agreement, Licensee will furnish to Licensor a certificate which certifies with respect to each of the Licensed Program that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the Licensed Program have been destroyed. The provisions of Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee the following support with respect to the Software:
(i) If during the 1st year of this Agreement, Licensee notifies Licensor of a substantial program error respecting the Software, or Licensor has reason to believe that error exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification. If Licensee is not satisfied with the correction, then Licensee may terminate this Agreement, but without refund of any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
(ii) In the case that Licensee has technical questions in the use of the Software during the 1st year of this Agreement, Licensee may submit those questions to Licensor. Licensor shall provide consulting to answer such questions without charge to Licensee up to (1) hour for each licensed program.
(iii) If License desires to continue the Software support specified in this section, Licensee shall pay to Licensor maintenance fee(s) set forth by the Licensor.
10. DELIVERY OF Licensed Program
Licensor shall use his best efforts to deliver the Licensed Program promptly after receipt of the purchase order.
11. WARRANTY DISCLAIMER
Licensor licenses, and Licensee accepts, the Licensed Program "AS IS." Licensor PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Licensed Program WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE Licensed Program WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
Licensor will defend at its own expense any action brought against Licensee to the extent it is based on a claim that the Licensed Program used within the scope of the license granted hereunder infringe a United States patent, copyright or other proprietary right of a third party. Licensor will pay any costs, damages or attorney fees finally awarded against Licensee in such action which are attributable to such claim, provided Licensor is promptly notified in writing of such claim, may control the defense and/or settlement of such claim, and is provided with all requested assistance, information and authority. In the event that a Licensed Program becomes, or in Licensor's opinion is likely to become, the subject of a claim of infringement of a United States patent, copyright or trade secret, Licensor may at its option either secure Licensee's right to continue using the Licensed Program, replace or modify the Licensed Program to make them not infringing, or provide Licensee with a refund of the license fee less depreciation on a 5 (five) year, straight-line basis. Licensor shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a Licensed Program in any form other than the original, unmodified form provided to Licensee or the use of a combination of the Licensed Program with hardware, software or data not supplied by Licensor where the used Licensed Program alone in their original, unmodified form would not constitute an infringement. The foregoing states Licensee's entire liability for infringement or claims of infringement of patents, copyrights or other intellectual property right.
13. LIMITATION OF LIABILITY
Licensor'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO Licensor. IN NO EVENT SHALL Licensor BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
14. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by email at jαson_lαu@live.com. For purposes of this Agreement, a notice shall be deemed effective upon delivery.
15. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
16. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
17. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the State of Florida. Escambia County, Florida shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction.
18. NON-ASSIGNMENT
This Agreement and the licenses and product key granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of Licensor.
19. EXPORT REGULATIONS
Licensee understands that Licensor is subject to regulation by agencies of the U.S. Government, including the U.S. Departments of Commerce and State, which prohibit export or diversion of certain technical products to certain countries. Licensee warrants that it will comply in all respect with the export and re-export restrictions set forth in the export license for the Licensed Program and all other applicable export regulations. Licensee agrees to indemnify and hold Licensor harmless from any loss, damages, liability or expenses incurred by Licensor as a result of Licensee's failure to comply with any export regulations or restrictions.
20. REMOTE CONTENT
Licensee understands that portions of the Licensed Program are remotely hosted, and access to remotely hosted content may depend on any of the following factors:
a. A valid product key.
b. A live Internet-connected server
c. Availability of the remote host.
21. REFUNDS
Licensee understands that the Licensed Program is open source, and cannot be returned for a refund, either partial or whole. No refunds or returns. Period.
22. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's previous version(s) of the Licensed Program.
User Meta Manager Pro Plugin