Snog's Mods and Add-ons License Agreement
This software license agreement ("Agreement") is a legal agreement between you (either an individual or an entity, "You" or "Your") and Snog's Mods and Add-ons ( "We", "Our" or "Us") for the use of Add-on software for XenForo (“Software”) and any services that may be provided. Snog's Mods and Add-ons reserves the right to modify the terms of this Agreement at any time.
By purchasing the Software (or authorizing any other person to do so) You warrant that you are capable of entering into a binding legal agreement, that You have read and understand this Agreement and that You accept its terms and conditions. You acknowledge that this Agreement constitutes the complete statement of the agreement between You and Snog's Mods and Add-ons.
1. Grant and Scope of License
Subject to the terms and conditions of this Agreement and the payment by You of the applicable fee for the Software, Snog's Mods and Add-ons grants You a limited, non-exclusive, worldwide license to install, download and use a single instance of the Software ("License") through a single installation. Each License may run one instance of the Software, accessible via one URL. Any attempt to circumvent this limitation is prohibited and will result in the License being revoked.
You may create a single additional test installation for the purpose of testing the Software. Any test installation of this kind must be password protected, and access to it must be limited to You and Your website staff.
The Software is licensed to You for use only under the terms and conditions of the License. You acknowledge that all intellectual property rights, copyrights and trademarks in the Software belong to Snog's Mods and Add-ons, that rights in the Software are licensed (not sold) to You, and that You have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Agreement.
All copies of the Software must contain the same proprietary notices that appear on and in the Software, including all copyright notices embedded in the Software, which must remain unaltered from the original and visible at all times, unless by specific prior arrangement with Snog's Mods and Add-ons.
The Software may be permanently transferred once by the original purchaser to a third party ("Subsequent Licensee") not before 120 days following purchase. The original licensee may not retain a copy or installation of the Software. The Subsequent Licensee must agree to the terms of this Agreement and waive the right to transfer. The Subsequent Licensee may not transfer the Software.
This license is granted to You alone. You may not redistribute the Software in whole or in part. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of Snog's Mods and Add-ons.
For the avoidance of doubt, You are solely responsible for managing content posted using your installation of the Software (“Your Content”). Snog's Mods and Add-ons shall have no liability in respect of Your Content including but not limited to its accuracy or lawfulness.
You are solely responsible for ensuring that Your Content and Your use of the Software complies with all applicable legislation and regulations, including but not limited to all applicable Data Protection and Privacy legislation. You undertake to ensure that the Software is not used by You or others to engage in illegal activity. You may not use the software to engage in any activity that would violate the rights of third parties. You hereby agree to indemnify Us from any loss or damage arising from Your breach of this provision.
The License for the Software is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software.
Snog's Mods and Add-ons reserves the right to revoke Your License to use the Software should any of the terms of this Agreement be violated.
Since the Software depends on a XenForo installation, You must have a valid XenForo license to download and use the Software. If at any time your XenForo license is revoked, your license for the Software will also be revoked.
If at any time you are found to have shared the Software or premium software from other vendors, your license for the Software will be revoked.
5. Customer Data
It is Your responsibility to ensure that you provide Snog's Mods and Add-ons with accurate, complete and current contact information. A failure to do so may result in Your inability to access updates and services.
You must maintain the confidentiality and security of your customer credentials that allow You to access the Snog's Mods and Add-ons customer download area. Any communication received by Snog's Mods and Add-ons through it's web site shall be assumed to have originated from You or an agent acting on your behalf.
Support shall commence upon payment by You of the applicable license Fee, We shall provide You with support to respond to any problems (“Support”) You are experiencing with the Software which result in it not complying with its description or the demonstration, as made available on Our website (“Problem”). Such Support and all software updates ("Updates") are included in the License Fee. Additional payments ("Extension Payments") may be required to extend access to Support and Updates beyond the Initial Period at Snog's Mods and Add-ons sole discretion.
Licenses can not be verified by email communications, therefore You should notify Us of Problems via the website and We will use Our reasonable endeavours to respond to such Problems and provide a resolution to such Problems. For the avoidance of doubt, We do not warrant that We can provide resolution to Problems on an individual basis and resolution to Problems may be provided with the next Update.
Support by Us does not include customization of the Software for Your use. Any customization of the Software by You is not supported and any Update to the Software may cause Your customizations to stop working. It is Your responsibility to check the compatibility of any Software Update with Your customizations and correct anything that needs to be corrected in Your customizations.
7. Disclaimer of Warranties
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge that the Software has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Software meet your requirements prior to purchase. You acknowledge that the Software may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of this Agreement.
The entirety of the risk as to the results, quality and performance of the Software is with You.
8. Limitation of Liability
Our liability for losses suffered by you, arising out of or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to 100% of the purchase price. We shall not be liable for indirect, incidental, or consequential damages of any kind, including loss of income or profits, loss of goodwill, loss of data, or the like.
This Agreement sets out the full extent of Your obligations and liabilities in respect of the supply of the Software. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on You except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Snog's Mods and Add-ons and its officers, directors, agents, and employees from and against any and all demands, claims, losses and liabilities, including reasonable attorney's fees, arising out of or caused by Your or Your visitors’ use of the Software. This obligation shall survive the termination of this Agreement.
10. Refund Policy
We will maintain a reasonable policy regarding requests for refunds. We reserve the right to refuse a refund or to apply a partial refund. An administration charge may be applied where a refund is offered.
This License, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of Pennsylvania and submitted to the non-exclusive jurisdiction of the Pennsylvania courts. If a Pennsylvania Court judges any provision of this Agreement to be invalid, void, or unenforceable, the parties agree that the remaining provisions of this Agreement shall remain valid and enforceable.