Flash Photo Gallery Single Website License Agreement
Application of License:
By downloading and using one of Hoover Web Design's Software Products or installing the Software Product on any machine you are legally bound by the terms of this License Agreement.
Any material downloaded or otherwise obtained through the use of the website and service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Disclaimer of Warranty:
The Software Product is provided on an "as is" basis without warranty of any kind -- either expressed or implied -- including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Hoover Web Design does not warrant the performance of the software or that the software will meet your requirements or operate error free.
The Software Product is optimized for use in Internet Explorer on a Windows Operating System with a cable or dsl Internet connection. If you choose to use the Software Product on any other type of operating system or browser with a dial up connection, you do so at your own risk.
Title and Copyright:
The Software Product remains the property of Hoover Web Design. The Software Product is licensed, and not sold. By paying License Fees, the Licensee is granted the right to use the Software Product as described in this License Agreement, but the Licensee does not assume any rights of ownership or other rights in and to the Software Product.
Consequences of License Violations:
Should the Licensee use unlicensed copies of the Software Product without the expressed written consent of Hoover Web Design, the Licensee is in violation of this License Agreement. If the Licensee was using any portions of the Software Product which ordinarily require the payment of License Fees, the Licensee agrees to pay to Hoover Web Design the License Fees necessary to license the unlicensed implementation according to the schedule of License Fees available at the time from the Hoover Web Design web site. Additionally, Hoover Web Design may require that the Licensee immediately and entirely remove any implementation of the Software Product that is in breach of this License Agreement. In addition, the Licensee shall be liable for the payment to Hoover Web Design of court costs, attorney's fees, punitive damages, and any other legal remedy appropriate for the situation.
Should the Licensee distribute, sell, or otherwise make available any portion of the Software Product or any modification which is determined to be the Software Product according to any other sections of this License Agreement, the Licensee shall be liable for the payment to Hoover Web Design of the equivalent cost of License Fees for the Software Product or for all monies collected by the Licensee in violation of this License Agreement, whichever is more. In addition, the Licensee shall be liable for the payment to Hoover Web Design of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.
This License Agreement is governed by the laws of the State of Tennessee located in the United States of America. Both the Licensee and Hoover Web Design submit to the jurisdiction of the courts of the State of Tennessee. Both the Licensee and Hoover Web Design agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Shelby County in the State of Tennessee.
Hoover Web Design reserves the right to change and/or modify these terms without prior notice. Understand this is a legally binding contract, and violation will have legal consequences. Should this license be violated, your acceptance of this document will be used against you in a court of law. You will be held responsible for chargeback fees, court costs, attorney fees and any other costs that arise from violation of the License Agreement.