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:
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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.
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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.
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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.
