Dream Slider License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE DREAMSLIDER SOFTWARE (AS DEFINED BELOW). BY USING THE DREAMSLIDER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- Grant of License. Subject to your compliance with the terms and conditions of this License “ds” or “DreamSlider” hereby grants you (and only you) a limited, personal, non-sublicensable (except as set forth below), non-transferable, nonexclusive license to use the DreamSlider software and documentation accompanying this License, whether on disk, memory or an any other media or in any other form (the “DreamSlider Software”) only in connection with the number of Sites (as defined below) set forth in Section 4. If you have purchased a multi-site version of the DreamSlider Software, the foregoing right and license is sublicensable only to your end users and/or customers in connection with the number of Sites authorized by ds in accordance with Section 4; provided that any such sublicenses shall be subject to such sublicensees’ compliance with all of the terms and conditions of this License. As between you and ds, title, ownership rights, and intellectual property rights in and to the DreamSlider Software, and any copies or portions thereof, shall remain in ds and its suppliers or licensors. No other rights, express or implied, are granted by this license, and ds reserves all rights not expressly granted to you herein.
- Restrictions. You may not modify, decompile, duplicate reverse-engineer or attempt to discover the source code or structure, sequence or organization of the DreamSlider Software. Without limiting the foregoing, if any modifications are made to the DreamSlider Software, no support will be provided by ds. You may not remove any proprietary notices from the DreamSlider Software, including any copy of this License provided therewith. Except as expressly set forth in this License, you may not distribute, rent, lease, sublicense, lend or sell any version of the DreamSlider Software to any other person or business. The Software may not be used for, or in conjunction with, any illegal services, products or practices whatsoever.
- Fees. You agree to pay all applicable fees with respect to the DreamSlider Software (“Fees”), which Fees are set forth on (i) the DreamSlider website, or (ii) a separate written order form accepted in writing by ds. The license rights granted under Section 1 hereof are subject to your payment of all Fees.
- Permitted Sites. For purposes of this License, “Site” shall mean any Web site hosted under a single domain name, provided that each subdomain of such domain name shall be considered a separate Site. You are only permitted to use the DreamSlider Software in connection with a single Site, unless (i) you have purchased a multi-site license to the DreamSlider software, in which case you are only permitted to use the DreamSlider software in connection with fifty (50) or fewer sites, or (b) you have entered into a separate written agreement with ds for use of the DreamSlider software in connection with more than fifty (50) sites.
- Branded Pro Version. If you are using the Branded Pro Version of the DreamSlider Software, removal, hiding, obscuring or any other means of preventing the DreamSlider branding image and link from being displayed to an end user on any DreamSlider Software instance is prohibited.
- Consent to Use of Data. You agree that digital-telepathy and its subsidiaries or agents may collect and use technical and related information about the server and domain the DreamSlider Software is installed on, as well as non-personally-identifiable information regarding your site visitors and their interactions with the DreamSlider Software. ds may use this information to improve our products and services and as a basis for providing statistical analytics for our users.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ds if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of the DreamSlider Software and destroy all copies, full or partial, of the DreamSlider Software. Sections 2 through 15 shall survive any termination or expiration of this License.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE DreamSlider SOFTWARE IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIGITAL-TELEPATHY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DreamSlider SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DS DOES NOT WARRANT THAT THE DreamSlider SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, SERVERS OR PLATFORMS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. THIS LICENSE SUPERSEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS LICENSE.
- Indemnity. You agree that ds shall have no liability whatsoever for any use you or any third party make of the DreamSlider Software. You hereby agree to indemnify and hold harmless digital-telepathy from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from claims related to your use, and your customers’ use, of the Software.
- Limitation on Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIGITAL-TELEPATHY OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DreamSlider SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall ds’s aggregate liability to you for all damages exceed the amount paid BY YOU for the software license.
- Export Restrictions. You may not use or otherwise export/re-export the DreamSlider Software except as authorized by United States law. The DreamSlider Software may not be exported or re-exported to (1) any U.S. embargoed countries or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the DreamSlider Software, you represent and warrant that you are not located in any country or on any such list.
- Injunctive Relief. Because of the proprietary nature of the DreamSlider Software, you understand that ds will suffer irreparable injury in the event that you fail to comply with the terms of this License, and that monetary damages will be inadequate to compensate ds for such breach. Accordingly, you agree that ds will, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this License.
- Governing Law. This License will be governed and construed in accordance with the laws of the State of California. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such provision or portion thereof shall be reformed only to the extent necessary to make it enforceable, and the remainder of this License shall continue in full force and effect.
- Refunds & Support. The DreamSlider Software is sold “AS IS” and there are no refunds. All software has bugs, and if you discover one, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any support, upgrades, patches, enhancements, or fixes for the DreamSlider Software (collectively, “Support”). Without limiting the foregoing, any such Support for the DreamSlider Software that may be made available by ds shall become part of the DreamSlider Software and subject to this License.
- Platform Compatibility. DreamSlider is compatible with Firefox 3.1+, IE7+, Safari 3+ and Chrome 2+.
- Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the DreamSlider Software. It supersedes all prior agreements and understandings regarding the DreamSlider Software. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of digital-telepathy.
- Waiver. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Assignment. This License is personal to you and you shall not assign or transfer the License or the DreamSlider Software to any third party under any circumstances. ds may freely assign its rights and obligations under this License.