LiveTecs: User Disclaimer and Software License Agreement
IMPORTANT – READ THIS AGREEMENT CAREFULLY BEFORE USING TIMELIVE’S SOURCE CODE (REBRANDING RIGHTS).
By your action of using TimeLive, you are agreeing to comply with all terms contained in this License. This is a legal agreement between you (“Client”) and Livetecs.com (“Developer”). If you do not agree to these terms, you may not install or use the software in any way. If you have already installed the software, you must uninstall TimeLive and destroy all copies of TimeLive in your possession, including the alterations you may have made to the Source Code package. You must agree that TimeLive’s Source Code package is licensed, not sold.
The Title, ownership rights and intellectual property rights in and to the Software shall remain with Livetecs. (”Developer’). You agree to be bound by the International Copyright Law and all other applicable laws of the United States and Canada including, but not limited to, export control laws.
You MAY rebrand the Software by removing or replacing TimeLive’s logos and links with your own. This license allows you to make unlimited code modifications and use the Software on unlimited servers and applications within or without your organization and grants you the right to rebrand, resell and redistribute the Software freely as long as you do so without directly competing with Livetecs LLC and continue to comply with all other provisions set forth herein. In other words, you may not use the Software in a way that could lead to a decrease in sales of the Software on Livetecs’s own Web site. If there is any question whatsoever as to whether your use of the Software would be deemed by Livetecs LLC as being in “direct competition” with its online sales of the Software, you should contact Livetecs LLC immediately and request permission to proceed with your use of the Software.
The Redistribution License grants ROYALTY-FREE distribution rights. However, when distributing the Software, the individuals and organizations receiving the Software ARE NOT transferred distribution rights. The Recipient may use the Software within the Recipient’s organization but MAY NOT inherit your rights to resell or redistribute the Software. Instead, you must provide your own license to your customers who precludes them from redistributing and/or reselling the Software.
3. TRIAL AND REFUND
No trial package is available for the Source Code package. Therefore, the Source Code files cannot be sent before they are purchased. Since the free account offers all of the Software features, the Client has sufficient information to take a clear decision before purchasing a license of the Software.
Under no circumstances shall a refund be applied after the Source Code package is sent to the Client. Upon purchase, an email will be sent to the Client, containing a link to download your installation files, within 1-3 business days. Once the email that includes this link is sent, no refund can be applied. No box or cd is shipped.
4. RESTRICTIONS (APPLY TO RESTRICTED REBRANDING LICENSE ONLY)
You may not use the Software in a way that could lead to a decrease in sales of the Software on Livetecs LLC’s own Web site. If there is any question whatsoever as to whether your use of the Software would be deemed by Livetecs as being in “direct competition” with its online sales of the Software, you should contact Livetecs LLC immediately and request permission to proceed with your use of the Software.
This license restricts selling, licensing, giving away, or otherwise distributing the source code for any of the scripts contained in “Software Product”, either in full or any sub-part thereof or any how modified. Nor may you use this source code, in full or any sub-part thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method.
All titles, copyrights, and other intellectual property rights in and to the SOFTWARE (including but not limited to any images, icons, buttons, artwork, design elements, photographs, animations, video, audio, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Livetecs. The product is licensed, not sold. Any infringement to this clause will void all warranties.
6. DISCLAIMER OF WARRANTIES
PROVIDES NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DEVELOPER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SOURCE CODE PACKAGE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. DEVELOPER DOES NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, LIVETECS PROVIDES THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVETECS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LIVETECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Without prejudice to any other rights, this license, including the warranties, will terminate automatically if you fail to comply with any term hereof. No notice shall be required from Developer to effect such termination. On termination, you must destroy all copies of the Software, including all of its component parts, and any alterations you may have made. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.