EGN Software hereby grants you a non-exclusive license to use one copy of the software you order on a single web site unless otherwise stated or extra groups/installs have been purchased. EGN Software retain the right to modify, add, or remove any or all of the following terms and conditions of this agreement.
EGN Software guarantees successful installation of all software you buy or lease from EGN Software and the program working on your server in a way as demonstrated in our demo section and requirement subject to the following terms and conditions:
Software Installation Services
Installation does not include HTML, database customizing or graphic design, we install programs "as is" - the same you can see in our demo section. Customizing HTML pages are not included. You can do it yourself, order from us for an additional charge or from a third party. We will install purchased program on your site and make sure it works correctly, but it will be your responsibility to create HTML pages and/or databases and modify HTML pages and/or templates according to your sites requirements.
Self Software Installation
You do not need to know anything about CGI & PHP programming to install and use our software. However, to use some of our programs, you do need the following:
- Basic knowledge of Internet tools (for example, be able to use FTP).
- Basic knowledge of the operating system your server uses (be able to create and change directories, be able to change permissions on files and directories).
- Basic knowledge of HTML, such as be able to write simple forms.
Please, note: if you use HTML editors like MS FrontPage, you need to know HTML well enough to be able to edit pages created by your program in a text editor such as Notepad or UltraEdit.
- Basic knowledge of server technology, such as Unix or Windows and cron tabs.
Web Browsers Capability
We cannot guarantee that all of our programs will work with browsers other than Firefox, Netscape 6+ and Internet Explorer. If any particular browser, such as AOL, WebTV, Compuserve, etc. is important for your site, please check our demos to make sure that the program will work with the browser of your choice.
Limitation of Liability
EGN Software'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 Agreement shall not exceed the license fee paid to EGN Software for the use of the Program. In no event shall EGN Software be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if EGN Software has been advised of the possibility of such damages.
You are allowed to modify scripts, files, programs, however EGN Software will not be liable for any damages resulting from use of modified scripts, programs and files. You may not modify with the intent of reselling our code unless prior written approval is given by EGN Software.
You are allowed to use software products on one web site. If you are interested in using our products on more than one site, for more than one client or within more then one domain, please e-mail us and we'll work out a licensing agreement.
Support And Upgrade
For support please use the on-line support desk on our Website, limited to original support contract. Any Software updates that may be made available by EGN Software from time to time will be supplied at EGN Software's website download area, Purchase or Lease terms only apply to the current version software under contract, Licensee maybe subject to installation charges, increase lease price/upgrade charges, or both for any upgrades. EGN Software does not guarantee backward compatibility with previous versions of his software as it retains the right to add, remove or modify any feature or function in previous versions, at its sole discretion.
You may not use, copy, modify, or distribute the Licensed Program (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by EGN Software. You may not reverse assemble, reverse compile, or otherwise translate the Licensed Program. Your rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the Licensed Program in its entirety to
(1) a successor in interest of your entire business who assumes the obligations of this Agreement or
(2) any other party who is reasonably acceptable to EGN Software, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs.
No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by EGN Software. If you use, copy, or modify the Licensed Program or if you transfer possession of any copy, adaptation, transcription, or merged portion of the Licensed Program to any other party in any way not expressly authorized by EGN Software, your license is automatically terminated.
Our softwares must never be used to defraud anybody for any reason whatsoever. By installing or using any of our softwares you are agreeing that you will not use any of these softwares to defraud anybody.
Display of Copyright and "Powered By" Notices Required
All copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "powered by" wording that appears online, must remain visible to the human eye. Your acceptance of this agreement also permits EGN Software to list your Web site in promotional materials and/or on our Web site, unless a special agreement is made prohibiting such use.
Please, look at all aspects of the software you are interested in. We value customer satisfaction and will be happy to answer all the questions regarding software that you might possibly have. We cannot refund your purchase price if the software is work as promised as seen on the demo, or you decide that it is not something you want or need. We will promptly refund purchase price, if you can run custom CGI or PHP programs on your site and software fail to install on your server. We will be unable to refund purchase price if you claim that program does not work but refuse to provide us access to the server for installation troubleshooting.
EGN Software's Right Of Entry
You hereby authorize EGN Software to access your web server in order to inspect the Licensed Program in any reasonable manner during regular business hours to verify your compliance with the terms hereof.
What We May Do
We reserves the right to monitor your license usage. This includes the monitoring of your license and we will never collect any information beyond license information such as serial #'s and locations of usage. We also reserves the right to void your technical support/upgrades and/or pursue legal action if any part of this license agreement has been violated.
For each license currenlty lease or have purchased you may use that software in one (1) location / domain. The number of active copies of software must match or be below the number of licenses that you currently lease or have purchased. We reserve the right to void your technical support & upgrades and/or pursue legal action if this is violated.
You acknowledge that, in the event of your breach of any of the foregoing provisions, EGN Software will not have an adequate remedy in money or damages. EGN Software shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. EGN Software's right to obtain injunctive relief shall not limit its right to seek further remedies.
All software names are trademarks of EGN Software. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.
Costs of Litigation
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF EGN Software'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF EGN Software RELATING TO THE SUBJECT MATTER HEREOF.