Please read this software license agreement carefully before downloading or using the software.
By checking the box below, downloading the Software, or installing this Software on your web server, you are consenting to be bound by this Agreement. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, "Licensee" includes both the reader and any Corporate Licensee. "CinVin" includes all agents and employees of CinVin.
- Software Rights -
(a) | Licenses are nontransferable. Your Software license(s) may not be rented, leased, sold, or otherwise transferred in any form without the prior written consent of CinVin. |
(b) | Licensee shall not make any copies of the Software or any part of the user documentation except for back up or archival purposes for Licensee's own use. |
(c) | Licensee shall not provide or disseminate all or any part of the Software to any other person. Licensee will safeguard the Software and related user documentation with a reasonable degree of care so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than Licensee and any employees, agents or consultants of Licensee whose duties reasonably require such disclosure. |
(e) | Licensee shall not reverse compile or reverse assemble all or any portion of the software to distribute, sell, create derivative works of the software, or for any other reason. |
(e) | If purchasing a branding free License, Licensee must submit the URL where they plan to use the software, and must keep this URL up to date. The URL may be submitted via the members area. |
(f) | The source code of the software may be altered at Licensee's own risk. |
- Ownership of Software - CinVin has and will retain all ownership rights in the Software, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licenses are nonexclusive and Licensee will have no rights in the Software except as explicitly stated in this Agreement.
- Copyright Notice - All copyright notices in the Software must remain in tact. These notices may be moved providing that the wording remain unchanged and visible to the human eye, and on all web site pages that are powered by the Software.
- Warranty - CinVin disclaims all implied warranties for the Software, including warranties of merchantability and fitness for a particular purpose. CinVin makes no representations concerning the quality of the Software and does not promise that the Software will be error free or will operate without interruption.
- Liability - Under no circumstances will CinVin be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if CinVin has been advised of the possibility of such damages. In no event shall CinVin's liability to Licensee exceed the price paid by Licensee. These limitations apply to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
- Termination - If any of the terms of this Agreement are violated, CinVin reserves the right to revoke the License at any time, without notice to Licensee. The failure of CinVin to exercise or enforce any right or provision of this Agreement shall not operate as a waiver any such right or provision.
- Installation - If Licensee orders installation services with respect to the Software, CinVin will use its best efforts to install the Software on Licensee's server. Due to factors outside of CinVin's control, including but not limited to server configuration and software versions, successful installation of the Software is not guaranteed. CinVin will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software. In the event that the software cannot be installed on the Licensee's server, CinVin will issue a full refund for the installation fee.
- Data Collected - Licensee understands and accepts that data containing the Licensee's web site URL and CinVin productid shall be sent to (and stored by) CinVin during the Software installation process. This data shall be used solely for the purpose of verifying that the Software being installed is not violating the terms and conditions of this License. This data shall not be shared with any third party, or used in any other manner.
- Headings - The article, section and paragraph headings included in this Agreement have been used solely for convenience and shall not be used in the interpretation of this Agreement. References to articles, sections and paragraphs shall refer to such provisions in this Agreement unless otherwise stated.
- Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software.
- Terms & Conditions Modifications - CinVin reserves the right, at our sole discretion, to modify the terms of this Agreement at any time. You are responsible for reviewing these terms and conditions periodically, and your continued use of the Software after any changes will indicate your acceptance of the new terms and conditions.
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