Please read the following terms and conditions before using PopCalendarXP, FlatCalendarXP and other software from Idemfactor Solutions Inc.
TERMS AND CONDITIONS
This is the legal agreement between you ("Licensee") and Idemfactor Solutions Inc.("ISI").
ISI makes this software product (the "Software"), including all information, documents and source code, available for your use subject to the terms and conditions set forth in this document and any changes to this document that ISI may publish from time to time (collectively, the "Terms and Conditions").
By installing, distributing or otherwise using the software products
you agree to be bound by all the terms of this license agreement.
OWNERSHIP
a) The Software, as well as the related copyrights and intellectual property rights, are the exclusive property of ISI. Licensee acquires no title, right or interest in the Software other than the license rights granted herein.
b) Licensee shall be responsible for their conservation on the copies received hereunder and for their reproduction on any backup copy of the Software or on any portion of the same merged into other programs. Nobody shall remove from the Software any trademark, tradename, copyright notice or other notice.
c) Any source code included with the Software, unless otherwise specified, is copyrighted by ISI and should NOT be considered public domain. Nobody shall modify the source code without written permission from ISI, except for the theme, agenda and plugins files that are declared to be configurable.
GRANT OF LICENSE
The ISI grants you a nonexclusive, nontransferable license to use the Software according to the terms and conditions herein. There are 5 types of licenses:
Lite License is automatically granted, free of charge, to anyone who is eligible to use the Lite Edition of the Software. Other types of Licenses can be purchased online and have to be registered prior to use. Using the Software without valid license and/or proper registration is illegal and will incur monetary penalties.
DISCLAIMER OF WARRANTIES.
THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY
ISI, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE,
INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ISI 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. THE FOREGOING EXCLUSIONS AND DISCLAIMERS
ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING
THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCLUSIVE REMEDY.
ISI'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 ISI
for use of the Software. In no event shall ISI be liable for any indirect,
incidental, consequential, special, or exemplary damages or loss profits, even
if ISI has been advised of the possibility of such damages.
Your sole remedy and ISI's entire liability will be at ISI's discretion,
either repair or replacement of the Software, or return of the license fee ISI
received. Such remedy requests must be made within 30 days of purchase. You
will need to return the original copies of the Software and the accompanying
items (including all written materials, if any) along with proof of purchase
and any backup copies. If the Agreement is violated in any manner, the license
may be revoked at the discretion of ISI, at any time. There are no refunds
given for revoked licenses.
If you must ship the Software to ISI, you must prepay shipping and either insure the Software or assume all risk of loss or damage in transit.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES.
ISI WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ISI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
MISCELLANEOUS.
You acknowledge that, in providing you with the Software, ISI has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and ISI, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement is not, however to limit any rights that ISI may have under trade secret, copyright, patent, or other laws that may be available to it. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect.