WEBASYST SOFTWARE AGREEMENT
This agreement is a legal contract between you (hereinafter referred to as User) and WebAsyst LLC (hereinafter referred to as Author). The agreement covers all versions and modifications of WebAsyst software distributed by WebAsyst on a for-profit basis.
END USER LICENSE AGREEMENT
WebAsyst software products (hereinafter referred to as Products) are the source code of programs, in digital or printed form, including digital or printed documentation and this software purchase agreement (hereinafter referred to as Agreement).
By purchasing the Products, User warrants that he/she has read this Agreement, accepts its provisions, and acknowledges his/her willingness to use the Products as specified in the Agreement.
The Agreement comes into force the moment User receives the Products via electronic data transfer channels.
All copyright for the Products is reserved by the Author. Products, in full or in part, are copyright objects, protected by U.S. and international laws. Breach of the Agreement's provisions results in copyright law violation, and will be prosecuted under the legislation in force.
The Products are supplied AS IS. Author does not guarantee any level of performance, selling ability, data safety or other expressly or implicitly related factors. Author is not liable for any damage, real or possible, to User, User's data or business, which resulted from the use or inability to use the Products.
Under this Agreement, User has the right to install and run 1 (one) copy of Products on 1 (one) web server only. Each new installation requires a new license. Any kind of distribution without prior permission expressed by the Author is a breach of this Agreement, making User liable for prosecution under law. An extra installation is allowed ONLY for testing or source code modification purposes, under the condition that this extra installation is unavailable to any third party.
User may modify the source code of the Products at his/her discretion; further use of modified Products is governed by this Agreement. Modifications do not result in any change of the copyright provisions given above. Any modification of the source code by the User voids Author's liability for the modified Product's operational capability.
Author is not liable if any criminal or administrative proceedings are instituted against User due to the use of Products in any illegal context.
This Agreement is considered terminated when User deletes all files and documentation (as well as their copies) received from the Author. Termination of the Agreement does not bind Author to refund User payment made for the Products.
UPDATES AND TECHNICAL SUPPORT
Author constantly improves the Products; the improvements are based on customers' requests and Author's research, development, and marketing data.
Author modifies the Products, including additions, deletions, changes of existing features and/or user interface, at his discretion.
Updated versions of the Products containing patches, bug fixes and modifications of supported functionality are offered to the Users on a free basis.
Author is constantly working on the improvement of the Products, and may release new versions of the Products containing significant enhancements of functionality and new features on a paid basis. The price for updating to the new version of the Products is published on Author's website. User purchases the new version of the Products and installs update at his discretion.
User can download updated versions of the Products from the Customer Center. WebAsyst Installer, the integral part of all WebAsyst Products developed to facilitate installation, enables automatic updates of the Products by downloading the updated components from the Author's server to the User's server.
Registered users receive notifications on updates on the Author's blog or via e-mail. In addition, WebAsyst Installer informs the User of the available updates once they are released and uploaded to the Author's server. Author offers free technical support covering the Product's installation and operation issues via email.
Author makes every reasonable effort to provide every query with a qualified and efficient reply within 24 hours from the moment of the query's reception.
Author provides no support for the issues related to custom tuning and modification of PHP-scripts and HTML/CSS modifications (including modifications of the templates' markup and/or layouts in WebAsyst Shop-Script); nor does Author perform such operations at request from User.
Author does not provide educational services covering the technologies (PHP, HTML, CSS etc.) used in development of Products.
If User modifies the source code of Products, Author does not guarantee compatibility of such modified Products with the updates released and disclaims all obligations related to further support of the modified Products.
Author respects private information of the Users. Any piece of information supplied by the User and stored on the Author's server is not subject to disclosure or transfer to any third party under any conditions, except for the requests issued by law enforcement agencies under applicable legislation or court order.
Email addresses specified at registration are used by the Author only to send messages required to process orders of Users, send notifications on the Products' updates, and advise of any changes in the operation pattern of the Customer Center.
User can unsubscribe from the Author's messages by using the special link present in each message sent by the Author.
Author reserves the right to use the User's IP-address to check the information submitted when purchasing Products.
Since Author supplies non-tangible goods that cannot be returned, a refund will be given only if the Product purchased does not contain features listed at the Author's website, and when Author verifies that such a discrepancy exists.
NOTE: To avoid misunderstanding and confusion, User should carefully read through the chosen Product's User Guide and other support materials published at the Author's website, or contact the support service to receive detailed answers about the Product's properties and features and their adequacy to the User's needs.
Insufficient knowledge, skills, and/or technical resources on the part of a User are NOT reasons for a refund. The list of such insufficient knowledge, skills and technical resources includes, but is not limited to, the following:
- inability to use the Product due to noncompliance of settings and/or versions of the utilized system or other software to the system requirements published at the Author's website;
- inability to adjust or change the look and feel of a Product due to lack of required HTML/CSS knowledge;
- inability to modify the source code due to lack of required PHP, MySQL, Smarty knowledge.
Refund can be issued upon receipt of a written claim faxed to WebAsyst within 30 (thirty) running days from the purchase date. The claim must include a formal statement with 1) guarantees by the User not to use the Product in any form and 2) the date when all files received from the Author and related to the product have been deleted.
After 30 (thirty) running days from the purchase date Author will accept no refund claims.
Author will refund only the sum received, without commissions or other charges imposed by banks or other processing entities. Sums paid for installation services are not refunded under any conditions.
Refund takes up to 15 (fifteen) days from the day Author receives the claim and decides positively upon a refund.