PHP Script Blog by StivaSoft | Terms and Conditions

USER LICENCE AGREEMENT

This is a legally binding agreement between you (either an individual or a single entity) and StivaSoft ltd., referred to herein as “The Licensor”. Downloading, installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this Licence Agreement and that this agreement is equivalent to a written agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this software.

IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENCE OR SUBLICENCE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED

Definitions

(a) "The Software" means the current version of Stiva BLOG script and documentation supplied by “The Licensor” under this Agreement, and any updates to the Stiva BLOG script and documentation that you are entitled to receive under this Agreement.

(b) "The Licensee" means all individuals or single entity, specified by 'First Name' and 'Last Name' in the purchasing process prior to downloading The Software, who have accepted this Agreement.

1. Grant of licence

The Licensor hereby grants The Licensee, and The Licensee accept, a non-transferable, non-assignable, non- nonexclusive, worldwide licence to download, install, use, access, display and run The Software, and any accompanying files, only as authorized in this Licence Agreement.

The Software may be used on any website or domain owned or operated by The Licensee.

The Licensor shall provide to Licensee an initial copy of the Software for use by Licensee in accordance with this Agreement and The Licensee is authorized to make a reasonable number of copies of the Software as it requires for purpose of exercising its rights under this Agreement.

2. Proprietary Rights

The Licensee may download and use The Software on a reasonable number of websites that are operated by The Licensee only. The Licensee cannot modify the code, remove proprietary notices and labels contained in the software. The Licensee may not distribute The Software.

The Licensor (or its third party providers) retains all title, ownership, and intellectual property rights in The Software, which may include supporting documentation, files, material, images and multimedia, etc. The Software is protected by copyright and other intellectual property laws and by international treaties. The Licensor permits you to download, install, use, or otherwise benefit from the functionality of The Software only in accordance with the terms of this Licence Agreement.

3. Licence Exclusions

Except as expressly authorized herein, Licensee shall not:

modify the script to be used as a hosted service for multiple customers. The Licensee agree that they will not assign, sublicense, transfer, pledge, lease, rent, or share their rights under this Licence Agreement.
reverse engineer, decompile, or disassemble The Software.
reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer all or any portion of The Software, that is not very unlike to any third party or permit any person or entity to have access to The Software by means of a time sharing, remote computing services, torrent services.
authorize any portion of the software to be copied to another individual or entity
remove any proprietary notices from The Software
use The Software in violation of any applicable law, regulation or ordinance as per item
digitally transmit or make available The Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place The Software onto a server so that it is accessible via a pubic network such as the Internet; use The Software in any way that violates this EULA or any law; or authorize or assist any third party to do any of the things described in this section.
not use The Software in any manner that could damage, disable, overburden, or impair any server or network(s) or interfere with any other party's use and enjoyment of any software.

3. Licence Fees

The Licence granted herein are contingent upon the payment of licence fees charged during the purchasing process. If your payment of licence fees is canceled or denied, this licence will terminate and you must immediately delete all copies of the Software. The Licensee is responsible for payment of any sales, value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of The Software.

The Software is provided on “AS IS” basis. An additional fee will be due for any custom change that you may need notwithstanding of the paid licence fees if such custom changes or modification are stipulated to be done by the Licensor.

5. Warranty

The Licensor will undertake reasonable efforts to correct any reported error in accordance with any terms and conditions of the support, provided by the Licensor. The licensor guarantee that The Software will perform the functions described in the specification and the description of The Software.

6. Disclaimer

The Licensor does not warrant that The Software will meet Licensee’s requirements that The Software will operate in the combinations which Licensee may select for use. Except as provided in section five the Software is provided on “AS IS” basis. The licensor makes no warranties, express, implied arising by custom or trade usage, and, specifically, makes no warranty of merchantability or fitness for any particular purpose. YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE AND AS SUCH THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE LICENSOR.
The Licensor does not guarantee that The Software is compatible with any other programs and is not responsible for the ability or inability to be integrated in third party software. The Licensor may choose at its sole discretion to avoid the technical support. Please note that modification of The Software may make it impossible to upgrade with any releases we offer in the future.

7. Limitation of Liability

Licensor'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 or the use or inability to use the Software shall not exceed the licence fee paid to Licensor for the use of the Software. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.

8. Support and Updates

Free installation support and single installation on The Licensee hosting account is provided for one year from the date of entering this Licence Agreement.
To use The Software identified as an update, you must first be licensed for The Software as eligible for the update. You will receive all stable version updates for free. This means that if current version is 1.1 you will receive all future versions - 1.2, 1.3, 1.4, ….. for free. You can obtain The Software version 2.0 and more with 50% discount.

9. Promotional Materials

Under your registration for Software Licensee you agree to receive emails with promotional materials from The Licensor. At any time you can unsubscribe to stop receiving such e-mails and promotional materials.

10. The Licensee Responsibilities

In addition to the other terms and conditions set forth in this License, The Licensee is responsible for providing and maintaining all equipment and Internet connections necessary to install and properly use The Software. The Licensor does not access, control, edit or screen any message or posting content transmitted using The Software or related services; therefore, you are solely responsible for the receipt or transmission of any and all content using The Software as and when you use The Software.

11.Termination

Without prejudice to any other rights, The Licensor may cancel this License Agreement at anytime and without notice if you do not abide by the terms and conditions of this Agreement, or the terms and conditions of any other agreement with The Licensor, it's partners, affiliates, or resellers.

The Licensor may terminate this Licence if you fail to comply with the terms of this Licence or any applicable agreement relating to professional or other services may provide to you.

In case of termination of this Licence Agreement The Licensee must destroy all copies of The Software and all of its component parts.

12. Refund Policy

Prior to ordering, please, make sure you have carefully read and understood the product's system requirements and features. If you are not sure about product compatibility, or have questions about its features, please contact our CUSTOMER SUPPORT CENTER. All inquiries are free of charge.
A refund can ONLY be issued if your web server meets software systems requirements and for some reason the software cannot be installed. Your refusal to permit The Licensor to install the software will void your right to a refund.

13. Violation of the Licence Agreement

The Licensor reserves all rights not specifically granted to you above. The Licensor will have the right to proceed against you in the event that you infringe against licensor’s rights. Any use not within the precise scope of the licence set forth herein will be considered an infringement. You acknowledge and agree that licensor’s damages in the event of your violation of this Licence Agreement will be substantial and that licensor will suffer irreparable harm in such event. As such, licensor shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.

14. Governing Law

The Licensee agrees that this Agreement shall be governed in all respects by the laws and courts of the Republic of Bulgaria. The contracting parties agree that all disputes arising from and regarding this Licence Agreement will be resolved by common efforts of the parties. In case that the common consent can be obtained, any claim or dispute the Licensee may have against The Licensor must be resolved by a court located in the Republic of Bulgaria.
If any provision of this Licence Agreement is held to be unenforceable, this Agreement shall be construed without such provision. The failure by a party to exercise any right herein shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.

DEVELOPER LICENCE AGREEMENT

Definitions

(c) "The Licensor" means StivaSoft ltd. or any connected legal entity and/or its licensors and/or its affiliates.

(d) "Integrated Product" means software product(s) built by the Licensed Developer(s) which incorporate “The Software”.

(e) "Licensee Customer" means a third-party who licenses Integrated Product from The Licensee, solely for ordinary business use and not for further distribution or resale.

The Software may be used on any website or domain owned or operated by The Licensee.

The Licensee can modify The Software to fit their own needs and the contractual relationship with Licensee Customer; integrate the Software in other software products; create derivative works solely for internal purposes and in accordance to this Agreement. The Licensee may distribute The Software and its derivative works, solely as an integral part of Integrated Product(s), to an unlimited number of Licensee Customers. Any other distribution except the provided in this section whether it is commercial or non-commercial is illegal and strictly prohibited.

The Licensee agree and acknowledge that any alteration or modification of The Software (a) is made and used at their own risk, (b) may be used only by The Licensee for their internal purposes in accordance with the limited purposes set forth in this Licence Agreement, and (c) may not directly or indirectly be sold, resold, licensed, distributed or otherwise transferred to any third party or parties. We may choose at our sole discretion to avoid the technical support. Please note that modification of The Software may make it impossible to upgrade with any releases we offer in the future.

2. Proprietary Rights

The Licensee may download and use The Software on a reasonable number of websites that are operated by The Licensee only. The Licensee can modify the code, remove proprietary notices and labels contained in the software. The Licensee may distribute The Software, solely as integrated into Integrated Product(s), to an unlimited number of Licensee Customers.

The Licensor (or its third party providers) retains all title, ownership, and intellectual property rights in The Software, which may include supporting documentation, files, material, images and multimedia, etc. The Software is protected by copyright and other intellectual property laws and by international treaties. The Company permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of The Software only in accordance with the terms of this EULA.

3. Licence Exclusions

Except as expressly authorized herein, Licensee shall not:

modify the script to be used as a hosted service for multiple customers. The Licensee agree that they will not assign, sublicense, transfer, pledge, lease, rent, or share their rights under this Licence Agreement.
reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer all or any portion of The Software, that is not very unlike to any third party or permit any person or entity to have access to The Software by means of a time sharing, remote computing services, torrent services.
authorize any portion of the software to be copied to another individual or entity
use The Software in violation of any applicable law, regulation or ordinance as per item
digitally transmit or make available The Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place The Software onto a server so that it is accessible via a pubic network such as the Internet; use The Software in any way that violates this Agreement or any law; or authorize or assist any third party to do any of the things described in this section.
not use The Software in any manner that could damage, disable, overburden, or impair any server or network(s) or interfere with any other party's use and enjoyment of any software.

4. Licence Fees

The Licence granted herein are contingent upon the payment of licence fees charged during the purchasing process. If your payment of licence fees is canceled or denied, this licence will terminate and you must immediately delete all copies of the Software. The Licensee is responsible for payment of any sales, value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of The Software.

5. Warranty

6. Disclaimer

The Licensor does not warrant that The Software will meet Licensee’s requirements that The Software will operate in the combinations which Licensee may select for use. Except as provided in section five the Software is provided on “AS IS” basis. The licensor makes no warranties, express, implied arising by custom or trade usage, and, specifically, makes no warranty of merchantability or fitness for any particular purpose. YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE AND AS SUCH THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE LICENSOR.
The Licensor does not guarantee that The Software is compatible with any other programs and is not responsible for the ability or inability to be integrated in third party software.
The licensor is not responsible and not guarantees that The Software will work properly as an integrated product (s). The Licensee is responsible for any alliteration or modification made in accordance to this EULA and acknowledges that it is made and used at own risk. The Licensor may choose at our sole discretion to avoid the technical support. Please note that modification of The Software may make it impossible to upgrade with any releases we offer in the future.

7. Limitation of Liability

8. Support and Updates

9. Promotional Materials

10. The Licensee Responsibilities

In addition to the other terms and conditions set forth in this licence, The Licensee is responsible for providing and maintaining all equipment and Internet connections necessary to install and properly use The Software. The Licensor does not access, control, edit or screen any message or posting content transmitted using The Software or related services; therefore, you are solely responsible for the receipt or transmission of any and all content using The Software as and when you use The Software.

11.Termination

Without prejudice to any other rights, The Licensor may cancel this EULA at anytime and without notice if you do not abide by the terms and conditions of this EULA, or the terms and conditions of any other agreement with The Licensor, it's partners, affiliates, or resellers.

The Licensor may terminate this Licence if you fail to comply with the terms of this Licence or any applicable agreement relating to professional or other services may provide to you.

In case of termination of this EULA The Licensee must destroy all copies of The Software and all of its component parts.

12. Refund Policy

13. Violation of the Licence Agreement

The Licensor reserves all rights not specifically granted to you above. The Licensor will have the right to proceed against you in the event that you infringe against licensor’s rights. Any use not within the precise scope of the licence set forth herein will be considered an infringement. You acknowledge and agree that licensor’s damages in the event of your violation of this Agreement will be substantial and that licensor will suffer irreparable harm in such event. As such, licensor shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.

14. Governing Law