LICENSE AGREEMENT

By using or installing any software product created by AspDotNetStorefront.com, a division of Discovery Productions, Inc., (hereafter
referred to as Company) including software components, source code, and the corresponding documentation herein referred to as "Software"), you, as a Developer or Merchant, (herein referred to as User) are agreeing to be bound by the terms and conditions of this Agreement.

1. License Grant and Restrictions

In consideration for the license fee paid at time of purchase and subject to the conditions set forth in this Agreement, Company grants to User, a non-exclusive, non-sublicensable, worldwide right to use the Software to develop one (1) storefront production database/website and one (1) development database/website per license purchased.

The license grant of this Section 1 is also intended to allow User to integrate the Software into its applications provided:

User retains all copyright notices of Company in any products using the Software.

User prevents unauthorized use or duplication of Company's code as contained within any product(s) of User.

User may not resell, rent, lease or distribute the Software alone. The Software may only be sold and distributed as an integrated part of an application or system created by User. Resellers must obtain prior permission to resell.

User agrees that Software that is distributed as shareware or a demo may only be used for testing and evaluation purposes.

A valid copyright notice must be provided within the user documentation or source code that specifies Company as the provider of the Software bundled with applications of User, for example:

"<<your application name>> contains software licensed from AspDotNetStorefront.com. These components may only be used as part of and in connection with <<your application name>>."

2. Fees

In consideration for the license grant of this Agreement, User has agreed to pay Company the amount set forth on www.aspdotnetstorefront.com (the "Website"), based on a tiered pricing levels based upon the number of storefront databases/websites for which the Software is to be used. USER EXPRESSLY ACKNOWLEDGES THAT PRIOR TO SUBMITTING ANY PAYMENT TO COMPANY, THAT USER HAS REVIEWED AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

User shall keep complete and accurate accounts, records, books, journals, ledgers and data (the "Records") with respect to the number of storefront databases/websites created under this Agreement. Company and its representatives shall have the right, for cause, to inspect, copy and audit the Records and such other documents and computer records as may be reasonably necessary to verify the number of storefront databases/websites created under this Agreement. User shall retain all Records during the term of this Agreement and for at least two (2) years thereafter and make the same available to Company and its representatives within thirty (30) days after receipt of a written request for such records from Company. In the event Company determines a greater number of storefront databases/websites have been created other than as expressly authorized by Company, User shall pay to Company the extra license fees required to cover their installation plus 10%.

3. Ownership

The Software and any all intellectual property rights, including collateral and/or derivative rights associated therewith are the property of Company. Should any of rights relating to the forgoing become vested in User or a third party by User's use of the rights granted in this Agreement, User shall transfer and/or take all steps necessary, and without compensation to Company, to insure that all right, title and interest in the same vest fully and completely in Company.

The Software and any accompanying materials are copyrighted and contain proprietary information. Unauthorized copying of the Software or accompanying materials even if modified, merged, or included with other software, or of the written materials, is expressly forbidden, provided, User may make copies of the Software solely for backup purposes provided all proper legal notices are reproduced in their entirety on the backup copy. Company reserves all rights not specifically granted to Licensee.

The Software and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the Software to others except under the conditions of this Agreement.

4. Termination

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Company for failure to comply with any provision contained herein or if the funds paid for the license are refunded or are not received. Upon termination, User shall destroy the Software and all copies, in part and in whole, including modified copies, if any.

5. Warranties and Indemnities

Although efforts have been made to assure that the Software is date compliant, correct, reliable, and technically accurate, the Software is licensed to User "as is" and without warranties as to performance of merchantability, fitness for a particular purpose or use, or any other warranties whether expressed or implied. User assumes all risks when using it.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE VALUE, CONDITION, DESIGN, FUNCTIONING, OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR USE OF THE SOFTWARE, FREEDOM FROM INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO ANY USERS OF THE SOFTWARE, INCLUDING USER, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE SOFTWARE.

User further agrees to indemnify, hold harmless, and defend Company from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of User applications or services provided by User.

User expressly acknowledges that any modification of the Software, whether or not permitted, is beyond the control of Company, and as such, such modification shall void all warranties under this Agreement.

6. Controlling Law and Severability

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Arizona, as applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. The courts of the State of Arizona, County of Maricopa, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this Agreement or your use of the Software. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

7. Non-Waiver

The failure by either party at any time to enforce any of the provisions of this License Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this License Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.

8. Successors; Assigns

This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. Except as provided for herein, this Agreement may not be assigned by User without the prior written consent of Company.

9. Use Of Site Image

User grants a perpetual, world-wide, royalty-free license to Company to use and publish one or more screen shot captures of any User web sites using the Software , User's trademarks, logos or names and/or otherwise list User as a licensee of Company; provided, however, no such license shall be granted to Company if User sends an e-mail to Company stating objecting to such license within ten (10) days of downloading the Software.

10. Technical Support

Company offers free technical support and product upgrades for a period of 30 days from the date of this Agreement on all licensed Software products purchased by User. Company shall have no obligations to end users of User products by virtue of this Agreement. User acknowledges that any modification of the Software is beyond the control of Company, and as such, user expressly acknowledges that the foregoing technical support is for the Software (and upgrades) only.

We do not do installations on dedicated servers of any kind. You should consult your own IT personnel if you need to perform that type of installation. Using a fully dedicated server requires ongoing operational IT, database, and support & maintenance procedures, and we do not provide those services. Your hosting company "may" provide them for you on your dedicated server, check with their sales dept.

AspDotNetStorefront is a robust shopping cart and content management solution, not a "WYSIWYG" application. Our storefront platform is designed for use by Asp.Net developers, and therefore usually requires some technical expertise to setup, operate and maintain database, web, and other hardware servers. Furthermore, expertise in at least HTML and the Asp.Net development platform is necessary. While we believe our solution works very well for any store owner, if you do not have this expertise, please consider working with a professional Asp.Net web developer or Information Technology specialist who can assist you with the setup, deployment, maintenance and operations of your e-commerce website on an ongoing basis.

As stated in our maintenance and support agreements, our technical support is limited to questions directly related to our storefront software, its setup (including interaction with SSL certificates), operation, and product features. We DO NOT provide support for day to day operational storefront issues directly with, or on behalf of, store owners or developers. We do not provide IT services such as dedicated server setup and management, database or web server maintenance and backup, virus protection and/or updates, firewall maintenance, or other related hardware/software operations and maintenance. Your hosting company may assist you with these operational duties, check with your hosting company for their policies. Our technical support is limited to questions and issues specifically relating to the storefront software itself, it's setup and operation, questions on how to utilize it's features, and any issues you may be encountering with the actual software.

SSL certificates. To obtain SSL certificates for your site, it is recommended that you contact your hosting company directly, and they will obtain the certificate (for a fee of course) and install it on your site. We can then assist with how the storefront knows about the certification if required.

11. Complete Agreement

This Agreement constitutes the complete agreement between User and Company. No amendment or modification may be made to this Agreement except in writing signed by User and Company.
 

Please contact us with any questions or concerns regarding our licensing agreement.