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.
Permitted Uses:
Restrictions:
-
Due to the digital nature of the
Software Product, there will be no refunds after
you have downloaded the Software Product.
ALL SALES ARE FINAL.
-
The Software Product may not be
resold, offered for sale, burned onto a CD, offered
for free, given away or redistributed in any manner
whatsoever.
-
Purchasing a Software Product
License allows you to place the Software Product
on one (1) single web site. If you want to put
the Software Product on an additional web site,
you must purchase an additional License or you
will violate the License Agreement.
-
You absolutely may not sub-license,
assign, or transfer this License to anyone else
without prior written consent.
-
You may not claim intellectual
or exclusive ownership to the Software Product,
modified or unmodified.
-
You man not use any portion of
the Software Product in any other application
or redistribute the Software Product under the
same or another name.
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.
Jurisdiction:
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.
