ASPDOTNETSTOREFRONT END USER LICENSE AGREEMENT
By using or installing any software product created by AspDotNetStorefront, (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. If you, as a Developer or
Reseller, are purchasing the software for your client, the client is also bound by this agreement,
and you must notify them in advance of this end user license agreement which will license their
website.
AspDotNetStorefront reserves the right at any time to modify this Agreement and to impose new or
additional terms or conditions on your use of Software. Such modifications and additional terms and
conditions will be effective immediately and incorporated into this Agreement. Your continued use of
the Software will be deemed acceptance thereof.
Updated terms and conditions may be found at http://www.aspdotnetstorefront.com/t-licensing.aspx.
1. DEFINITIONS
A Website will be defined as a single instance of the Software installed on a single physical or
virtual computer, with the database residing on either that computer, or a single separate physical
or virtual computer or group of computers that operate from an outside perspective as a single
computer (commonly referred to as a database cluster).
A Production Website will be a Website installed and published to fulfill the purpose of making the
website accessible to its ultimate intended audience such as User's customers, potential customers,
partners, affiliates, employees, or anonymous internet users.
A Development Website is a Website installed privately for the purpose of performing customization,
modification, design, or for pre-loading data, including but not limited to, products, categories,
and customers.
A Staging Website will be defined as a Website installed and published solely for the purpose of
testing changes to the Software or data used by the Software prior to publishing those changes to
the Production Website.
2. 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-transferrable, non-sub
licensable, worldwide right to use the Software to develop and deploy:
• One (1) production database/website.
• One (1) development database/website,
• One (1) staging database/website, and
per license purchased. User must also take all commercially reasonable steps to prevent unauthorized
use or duplication of Company's code. Under specific circumstances, Company may grant to User
additional licenses to be used exclusively for development purposes and/or staging purposes. Such
additional licenses are hereby subject to the conditions set forth in this Agreement.
Licenses may only be transferred only by prior written consent and approval of Company, and by
following Company specified license transfer procedures. By way of example, if User purchases a
license as contemplated herein on behalf of a customer of User or otherwise intends to transfer such
license to a customer of User, User MUST first obtain prior written consent and approval of Company
to effect such transfer, and MUST follow all Company specified license transfer procedures. Any
attempted transfer not in compliance with this Section 2 shall render the transfer null and void and
any license granted to User for the purpose of such transfer shall immediately terminate. As of such
termination, use of any Software subject to such terminated license grant will be deemed
infringement of Company's intellectual property rights, subjecting any such user to all damages and
remedies available to Company for such infringement.
The license grant of this Section 2 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 written permission prior to reselling Company's Software.
• 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 software> contains software licensed from AspDotNetStorefront.com. These components may only
be used as part of and in connection with <your software>."
3. LICENSE KEYS
User will be permitted to generate one (1) license key for a single domain name, IP address, or
host/computer name for each Website allowed under this license. Website's without a valid license
key, or accessed via domain, IP Address, or host/computer name other than that for which the license
key was generated, will display the text "THIS SITE IS RUNNING UNLICENSED ASPDOTNETSTOREFRONT.COM
SOFTWARE" or text that is materially similar in meaning. User is not permitted under any
circumstances to make modifications to the Software or the Website's visual design, or otherwise
take action to hide, obscure, or make this text unreadable in any manner.
User will not be permitted to generate additional license keys other than those provided for
specifically in this license agreement without the purchase of one or more additional or
supplementary licenses.
4. LICENSE RELATED MODIFICTIONS
Without prior express written consent from Company, User is strictly prohibited from making any
modifications to the Software that would in any manner interfere with, circumvent, or modify the
Software's licensing mechanisms and restrictions. This includes, but is not limited to, any
modifications that would allow a Website to operate on domain names other than those for which the
Website has valid license keys, modifications that hide, obscure, or prevent the display of text
stating that the website is not properly licensed, or modifications that would cause the Software,
either in functionality or appearance, to operate or be perceived to operate in a manner that would
create separate physical or logical Websites from a single licensed installation. Users that
Company, in its sole discretion, are deemed to be in violation of this section will be required to
immediately purchase any additional licenses required to comply with this Agreement.
5. SERVER FARMS, FAILOVER AND LOAD BALANCING
Should User desire to deploy the software in an environment which enables multiple servers to
publish a single Website for redundancy or performance reasons (commonly referred to as load
balancing or server farms), User is required to purchase supplementary server farm licenses for each
licensed Website to be deployed in such an environment.
User is permitted, without supplementary licensing, to install one (1) Website on a web server and
separate database server provided that the website is not accessible under normal circumstances, and
such installation is used exclusively for the purpose of acting as a backup server group should the
primary server group fail or need to be taken offline.
6. LICENSE FEES AND ACCEPTANCE
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 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 20%.
7. 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 ensure 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.
8. 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.
9. WARRANTIES AND INDEMNITIES
Although commercially reasonable efforts have been made to assure that the Software is correct,
reliable, and technically accurate, the Software is licensed to User "AS IS" or to the maximum
extent permitted by law, without any warranties as to performance of merchantability, fitness for a
particular purpose or use, or any other warranties whether expressed or implied. User assumes all
other risks when using the Software. User's sole and maximum remedy under this Agreement shall be US
Five Dollars ($5).
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 and
irrespective of the extent of such modification, is beyond the control of Company, and as such, such
modification shall void all warranties under this Agreement.
The foregoing disclaimers and limitations on liability and remedies set forth above are fundamental
elements of the basis of the agreement between Company and User. Company would not be able to
provide the Software on an economic basis without such limitations.
10. 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 Oregon, as applied to agreements entered into and to be performed entirely within
Oregon between Oregon residents. The courts of the State of Oregon, County of Jackson, 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.
11. 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.
12. 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.
13. 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 websites 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.
14. TECHNICAL SUPPORT
Company offers free product support 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 only.
Assistance with installation on dedicated servers is limited strictly to providing a default
installation of the Software utilizing existing, pre-installed prerequisite components. Technical
support will not be responsible for configuring or installing prerequisites such as Microsoft SQL
Server, IIS, or Microsoft ASP.NET. User is solely responsible for reviewing and securing any
Websites installed by Company's technical support team. Company is not responsible under any
circumstances for problems resultant from Company's installation of the Software or performance of
technical support related to the Software. User is solely responsible for ensuring that adequate
disaster recovery plans and procedures are in place. Company reserves the right to refuse
performance of installations or technical support on any dedicated server should Company's staff
feel that performance of such tasks could interfere with or impact the operation of the dedicated
server or other applications running on that server, and Customer's sole remedy for such refusal, at
Company's sole option, would be the refund of any fees paid specifically for the tasks which have
been refused.
Technical support is limited to questions directly related to the Software, its setup (including
interaction with SSL certificates), operation, and product features. Company DOES NOT provide
support for day to day operational storefront issues directly with, or on behalf of, store owners or
developers. The Software requires the use of certain third party components such as Microsoft
Windows, Microsoft SQL Server, Internet Information Services, and the Microsoft Asp.NET framework.
Company does not provide support or assistance with these components in any manner, and use of any
third-party component is pursuant to a separate license agreement directly between the User and such
third-party component's vendor.
Company's technical support staff, in connection with your Software purchase and this Agreement,
does not provide assistance with general internet related services such as hosting, domain name
registration, domain name server (DNS) configuration, or Secure Socket Layer (SSL) certificate
installation and maintenance. These services are generally provided by separate hosting
agreement.
All technical support is provided pursuant to AspDotNetStorefront's technical support policies,
located at http://www.aspdotnetstorefront.com/t-supportpolicy.aspx
15. SOURCE CODE PURCHASES
In the case User has also purchased a Source Code License, a separate Source License Agreement (SLA)
will be required, and User must agree to SLA terms and conditions prior to being able to download
and receive source code files. Returns are not allowed after SLA has been executed.
16. RETURNS
All sales of Software are final. Upon User placing an order on the AspDotNetStorefront website,
Company will review the order and send an email containing download instructions to User, and User
will also simultaneously have access to software on the AspDotNetStorefront license management page
located at http://www.aspdotnetstorefront.com/license.
No refund or order cancellation requests will be accepted once Company has sent the email containing
download instructions to User. User acknowledges that Company cannot be responsible for lost or
misdirected emails, or emails deleted or made inaccessible by anti-virus, spam filtering, or mail
client software.
17. COMPLETE AGREEMENT
This Agreement constitutes the complete agreement between User and Company. AspDotNetStorefront
reserves the right at any time to modify this Agreement and to impose new or additional terms or
conditions on your use of Software. Such modifications and additional terms and conditions will be
effective immediately and incorporated into this Agreement. Your continued use of the Software will
be deemed acceptance thereof.
Please contact
us with any questions or concerns regarding our licensing agreement.