SMARTWEBBY.COM DREAMWEAVER TEMPLATE WEB PRODUCT EULA
NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND JANDUS TECHNOLOGIES. PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, COPYING OR USING ALL OR ANY PORTION OF THE WEB PRODUCT YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEBLE AGAINST YOU AND/OR ANY LEGAL ENTITY THAT OBTAINED THIS WEB PRODUCT AND ON WHOSE BEHALF IT IS USED. THIS AGREEMENT ALSO CONTAINS LIABILITY DISCLAIMERS AND IMPORTANT COPYRIGHT INFORMATION REGARDING THE WEB PRODUCT. DUE TO THE NON-TANGIBLE, IRREVOCABLE NATURE OF THE WEB PRODUCT EMAILED TO YOU, THERE IS NO REFUND FOR YOUR PURCHASE.
(a) "Smart Webby" means SMARTWEBBY.COM (owned and operated by JANDUS TECHNOLOGIES), JANDUS TECHNOLOGIES, and its suppliers and licensers, if any.
(b) "Web Product" & “template” means the Dreamweaver Template Web Product supplied by Smart Webby herewith, which includes documentation, associated media, and online or electronic documentation.
(c) "You" and “your” refers to the individual and any legal entity that obtained this web product and/or on whose behalf it is used. The individual & all legal entities involved are legally bound by this EULA.
2. GRANT OF LICENSE
Provided that the License Fees has been paid in full, Smart Webby grants you a nonexclusive limited license to use the Web Product in accordance with these Terms and Conditions (the "license") issued.
(a) LIMITED USAGE GRANTED
You may only use this template on a single website as “licensed to” on purchase from Smart Webby and as associated with your Order ID in our database. You must purchase a new license in order to make another web site with the same template design. If this Web Product is being used for the design of a client’s website, you agree to inform the client that the website design is a purchased template and that all copyright belongs to the owners of the template, which needn’t be disclosed as Smart Webby. In all website credit information (like in the footer), you may only use “Site by”, “Powered by” or “Built by” your name or your company name. You must not use “Designed by”, “Design by” (or similar words) in any of the website credits that refer to you or your company, or any other legal entity other than Smart Webby.
You are authorized to make any necessary modification(s) to the Web Product's source file(s) solely for the licensed web site’s use.
(c) UNAUTHORIZED USE
You must not place this Web Product or any portion of it, modified or unmodified, on a diskette, CD, DVD, web site or any other medium, for redistribution or resale of any kind whatsoever. Unauthorized use includes, but is not limited to, using the original or derivatives of the Web Product for the design of un-licensed web sites. Please purchase a new license for every website that the Web Product, in full or part, modified or unmodified, is required to be used for. You agree to be directly responsible if any user (example: an employee, your client or anyone else) who has access to the Web Product does not comply with any term of this EULA. Please keep the source files supplied with the Web Product very safe to deter any possibility of misuse.
(d) LICENSE TRANSFER
You may not sub-license, assign, or transfer this license to anyone without prior written consent from Smart Webby.
(e) REFUND POLICY
Due to the non-tangible, irrevocable nature of the Web Product purchased we do not issue refunds after the Web Product is delivered by email. We do offer free email support for any technical issues you might encounter while customizing this Web Product. Please make sure that you've carefully read the 'Source Files Included' section for the Web Product before placing your order with us. ALL SALES ARE FINAL.
You may not claim intellectual or exclusive ownership to the Web Product, modified or unmodified. The Web Product is the property of JANDUS TECHNOLOGIES. The design, structure, organization, and the code of the Web Product are trade secrets of Smart Webby, and you agree to treat them as such.
4. COPYRIGHT NOTICE
The Web Product, all copies and all derivatives thereof, is protected by the Indian Copyright Law, by the copyright and design laws of other nations, and by international treaties. Smart Webby owns all intellectual property in the Web Product. The Web Product is licensed, not sold. This license agreement gives you only a limited license to use the Web Product for a single website. Smart Webby retains all right, title and interest, including all copyrights, trademark and other rights, in and to the Web Product and all copies and derivatives thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Smart Webby.
In the event that you fail to comply with any term of this EULA, your license to use the Web Product will stand terminated with immediate effect. You shall also be liable to pay Smart Webby the equivalent cost of all monies collected by you in violation of this License Agreement, in addition to attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.
6. LIABILITY DISCLAIMER
THIS WEB PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER SMART WEBBY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE WEB PRODUCT OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SMART WEBBY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. GENERAL PROVISIONS
You agree to inform all users who have access to the Web Product about the contents of this Agreement and to make sure that they comply with the terms of this Agreement.
This EULA shall be governed by the internal laws of India, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to: Jandus Technologies, D-7, Basement, Doshi Gardens, 321 Arcot Road, Vadapalani, Chennai-600026, India. Attention: General Counsel.
Jandus Technologies reserves the right to change or modify these terms with no prior notice.
Smart Webby, SmartWebby.com and Jandus Technologies are trademarks or registered trademarks of Jandus Technologies in India and other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.