End User License Agreement

DEFINITIONS

For the purpose of this agreement, the following definitions shall apply:

a) The parties to this agreement are Vines I.T. hereafter referred to as “the supplier”, a company, individual or organization by any legal definition receiving services from the supplier and having authority to agree to these terms and conditions, hereafter referred to as the Client.

b) The host is defined as the web server on which the Client's web space is located.

c) The project is defined as the website or application under development by the supplier for the client.

d) Products and Services are defined as software, files, images, coding, and other components

e) Specifications are defined as the detailed statement of requirements.

f) Minor maintenance is defined as an individual change requiring no more than 10 minutes to correct and transfer to the host.

This is a legal agreement between you (as an individual or as a single entity) and Vines I.T. You should carefully read the following terms and conditions before using this software. Your use of products and services indicates your acceptance and understanding of this License Agreement. By commissioning the supplier or otherwise using the products and services you agree to be bound by the terms of this End User License Agreement (EULA).

PART I - LICENSE TERMS:

This is a license, not a sale. The supplier retains all intellectual property rights in the products and services and hereby grants you a nonexclusive and non-transferable right to use the products and services for use on your personal and/or business computer/s in accordance with our terms listed below.

Approved Use:

You may use the product in a single application (i.e., on one web site), free from copyright infringement, whether such application is for free or for fee. Use of the product on more than one computer is prohibited, except when necessary for the development of a single web site. To use the product on more than one web site, a second license must be purchased.

In other words,

To use the PRODUCT for your web site (www.yoursite.com), you purchase the license once.
To use the PRODUCT for your web site and another site within the same web (www.yoursite.com and www.yoursite.com/blog/), you only need to purchase the license once.
To use the PRODUCT for your web site and for a different site (www.yoursite.com and www.customersite.com), you would purchase the license once for the first site and then purchase a multi-site license for each additional site.
To use the PRODUCT as a “sample” or “demo” for client/customer approval, you purchase the license once.

Disallowed Use:

PRODUCT must be used as supplied for its original intended purpose. You may not use this PRODUCT, or any part or portion contained within this PRODUCT,

as a trademark or service mark;
in a manner that could be considered defamatory, pornographic, libellous, immoral, obscene, fraudulent, or illegal;
Separate or apart from the PRODUCT such as source files, images, code, or other components.
Distribute to any third party for any reason excepting by written approval of the supplier

PART II - THIRD-PARTY IMAGES:

Pre-Licensed Images: PRODUCT may contain images or photos provided by third-party providers. THE SUPPLIER has obtained the necessary licenses, rights, or permissions to use the images within the PRODUCT. You may use such images within the PRODUCT, but do not have the right to use the images separate from the PRODUCT. You are bound by the license agreement and copyright of the third-party image providers.

Watermarked Images: PRODUCT may contain watermarked images or photos provided by third-party providers. THE SUPPLIER has obtained permission to incorporate these sample images within the PRODUCT. If you wish to use these images for your web site, you are required to purchase the non-watermarked version directly from the vendor.

The imagery used in this PRODUCT may have been altered or modified to some degree from the original image. If you require the imagery for other purposes than the originally intended purpose, please contact the appropriate Licensor. You should include a valid copyright notice and image credit notification on any site that includes images or photos provided by third-party providers. It is your responsibility to verify that your use of any included images complies with the terms of use as provided by the image providers.

All imagery is provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

PART III - THIRD-PARTY SOFTWARE:

Your PRODUCT may contain elements that rely on additional third-party software that must be purchased separately in order for said element to be modified. Examples of such third-party software would be:

Any .psd file(s) for the purpose of adding your business name, logo, slogan, and/or main image. To edit this image requires that you have an image editing software program such as Photoshop, Paint Shop Pro, Fireworks, or other such program that will allow you to edit a .psd file.
Animated .swf files. The source file(s) are available by request and are not included within the PRODUCT. To edit any source file requires the programs that provided my external suppliers and the client must obtain these separately.

PART IV - WARRANTY:

All sales are final. No refunds will be given for software that has been delivered or developed. THE SUPPLIER warrants PRODUCT for a period of fifteen (15) days from the date of purchase to be free from defects in material or workmanship if operated as directed as stated in the PRODUCT documentation. Should defects arise within the warranty period, THE SUPPLIER shall:

Replace defective PRODUCT; or
Advise you how to achieve the same or similar results as described in the documentation using a different method or procedure than that described in the documentation.

This warranty shall not apply if the PRODUCT is used in conjunction with any software or program other than was designed to be used as described in the PRODUCT documentation. This is a limited warranty and it is the only warranty made.

PART V - TECHNICAL SUPPORT AND SERVICES:

THE SUPPLIER strives to offer technical support, when limited to problems specifically associated with the PRODUCT, for twelve (12) months from the date of purchasing the license. Such free support includes, but is not limited, to the following:

Assisting with general PRODUCT questions regarding what can or cannot be done by you to achieve certain effects or functionality.
Helping you make adjustments to the CSS file to change text/link/heading colors, fonts, and sizes.
Upon request, adding your site name and/or slogan to the appropriate header image.

Paid support normally includes, but is not limited, to the following:

Tutoring users in the use of the program(s) necessary to use the PRODUCT as stated in the PRODUCT documentation.
Customizing the PRODUCT to change graphic colors or imagery or functionality.
Adding specialized imagery other graphics or features to the PRODUCT.
Adding forms, shopping carts, or other functionality to an existing PRODUCT.
Troubleshooting problems that may arise after editing or altering the PRODUCT.

PART VI - MISCELLANEOUS:

Browser Issues: We test our PRODUCTs in current browser releases but make no warranties that product performance will be identical in older browsers. Some knowledge about what will and will not work in the various browsers is highly recommended.

Backup Copies: We will provide free replacement copies of PRODUCTS within 30 days of request for such. We highly recommend that you make a copy of your original PRODUCT file(s) and save it to some form of removable media (CD, flash drive, or external hard drive). We cannot replace PRODUCTS that have been discontinued. If you have purchased this product from a third party, we cannot guarantee a PRODUCT will always remain in their catalog. Make a backup copy to ensure you will not have problems in the event of a computer crash.

PRODUCT Life: All PRODUCTS are designed to work as documented with the technology in place at the time the PRODUCT was developed. We can make no guarantees as to how long a PRODUCT will remain viable as technology advances and new browser(s) are introduced.

Disclaimer: All PRODUCTS are offered in good faith. The purchaser agrees to not hold THE SUPPLIER liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of a PRODUCT. In no event shall any liability exceed the original license fee amount of the PRODUCT.