Site Store Pro End-User License Agreement

Copyright (C) 2005-2023. Site Store Pro
Copyright (C) 2005-2023. Kevin Rounsavelle

SITE STORE PRO SOFTWARE (SHOPPING CART AND CMS APPLICATION) END USER LICENSE AGREEMENT (EULA)

Last Modified March 6, 2023.

This End User License Agreement (“EULA”) is between Site Store Pro (“Site Store Professional”, “Site Store Pro”) and the end user (“You”) of the downloadable Site Store Pro shopping cart version this EULA accompanies (“Software”). It is important to read and understand all of the terms, limitations, and conditions contained in this EULA prior to installing and using the Software because they affect how you may use the Site Store Pro application. By explicitly accepting this EULA, or by installing, copying, downloading, accessing, or otherwise using the Software, You agree to be bound by the terms of this EULA. If, prior to using or installing the Software, You decide that You are unable or unwilling to agree to the terms of this EULA, promptly and completely uninstall and destroy any electronic copies of the Software and accompanying items in your possession.

This EULA applies to:

* This Software, including but not limited to the object code, source code, and any accompanying alphanumeric combinations used to enable certain Features Selection(s) in the Software (collectively, “License Keys”)

* Future Versions of this Software

* Updates To The Current Version Of This Software.

* Services, support, advice, and recommendations related to this Software that may be made available by Site Store Pro on the Internet, in the Software documentation, or by telephone

* Any and all Technical Support Services offered in connection with the Software

1. License.

A. Grant of License.

Subject to the terms and conditions of this EULA, Site Store Pro hereby grants You a revocable, non-exclusive, non-transferable license to use the Software (“License”) in accordance with the terms and conditions of this EULA. This License shall commence on the effective date of this EULA and shall remain in effect until terminated in accordance with the terms of this EULA or superseded by another end user license agreement pursuant to installation of an Update or changes in Features Selection.

Site Store Pro, together with any third party content providers whose software code is incorporated in the Software or distributed with it, retains all right, title, and interest to the Software, including, but not limited to, copyrights, trademarks, proprietary methods, and trade secrets incorporated into the Software.

This License is subject to any restrictions Site Store Pro, in its sole discretion, may impose in this EULA or imposed as a condition of purchase, including but not limited to the particular Features Selection You chose at the time of purchase. Updates and Features Selection are subject to the terms and conditions of this EULA, or any other end user license agreement provided with such Update or Features Selection at the time of receipt or purchase, which shall supersede this EULA.

B. Use of the Software

You agree not to allow unauthorized individuals to download your Site Store Pro software and/or install Site Store Pro using your license (serial) software activation number.

You further agree to not remove the Site Store Pro Copyright information from the source code or administration files without prior permission.

You agree that the use of Site Store Pro is for your business or personal use only and you cannot resell or redistribute the software without prior permission from Site Store Pro and purchase of a reseller or white label license.

C. Limitations on Use of the Software and License Keys

You shall not modify, reverse engineer, reverse assemble, decompile, disassemble, decrypt, reflect, or use reflection on the Software, or otherwise attempt to discover or obtain the source code or structure, sequence, or organization of the software in whole or in part, except as provided in Section 9 of this EULA.

Further, You shall not attempt to bypass, circumvent, disable, design around, or obviate the License Keys for any reason, including but not limited to attempts to access features or capabilities in the Software not included in your Features Selection. Further, other than pursuant to Section 1.C. of this EULA, You shall not disclose or disseminate any License Keys associated or distributed with the Software, publicly or to any third party, nor shall You allow anyone else to use any such License Keys.

You shall not use the Software to harm third parties, disseminate unsolicited communications (emails, etc.), requests, or harmful data or programs including but not limited to malicious scripts and viruses. You shall not use the Software to disseminate pornography, adult-related videos, adult-related photos or products, operate an online betting/wagering site, online casino or any type of internet gambling site, sell firearms or ammunition, sell pets or any live animals or sell harmful or illegal materials, or in any way that may disparage or bring disrepute to Site Store Pro.

2. Term and Termination.

This EULA is effective as of the date You install or use the Software, or as of the date You accept this EULA, whichever is sooner. You may terminate this EULA by completely deleting and wholly destroying any copies of the Software and documentation in Your possession or control. Site Store Pro may terminate the License or EULA if, in its sole discretion, Site Store Pro determines that You have breached any of the terms and conditions of this EULA, with or without notice to You of such termination.

Sections 1.B., 1.C., 3, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive termination of this EULA.

3. Limited Warranty and Limitation of Liability.

A. No Warranties

Site Store Pro does not warrant that the Software will meet Your requirements, that the operation of the Software will be uninterrupted or error-free; that any data supplied by the Software will be accurate; or that the Software will work with any 3rd-party or supplemental software furnished with or accompanying the Software. Further, Site Store Pro does not warrant the efficacy, functionality, or operation of such Accompanying Software . ALL SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED BY SITE STORE PRO UNDER THIS EULA ARE PROVIDED AS-IS, AND Site Store Pro EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

B. No Liability for Damages

Site Store Pro shall not be liable for any damages under this EULA, including but not limited to consequential, statutory, punitive, incidental, or indirect damages, including but not limited to any loss of data, loss of profits, loss of savings, loss of time or convenience, or additional cost arising out of the use of or inability to use the Software, documentation, or any 3rd-party or accompanying software or hardware; even if Site Store Pro has been advised of the possibility of such damages. Further, Site Store Pro shall not be liable for nor bound by any claims, representations, promises, assertions, or other statements made by anyone other than Site Store Pro employees or officers, including but not limited to resellers and sales representatives. Site Store Pro shall not be liable for any damages or inconvenience resulting from errant data or misreporting of data, nor failures to relay information that may be deemed important by the user, or for any damages arising from events listed in section 5 of this EULA.

C. Limitation of Liability

Your sole remedy under this Agreement shall be limited to replacement of the Software.

4. Technical Support

Currently, Site Store Pro provides technical support for the Software via Site Store Pro personnel, documentation, and Internet resources. Depending on Your Features Selection, including but not limited to pricing, volume, Software version, and the number of licenses You purchased, a certain amount of technical support may be included at no additional charge. Otherwise, technical support may be available for an additional charge on a per incident, per call, per time-frame basis, or in other support packages. The amount of these charges may vary from time to time. Technical support is provided AS-IS, and the provisions of section 3.B. and 3.C. apply to technical support.

Site Store Pro provides no guarantee, expressed or implied, regarding the efficacy or continuation of technical or other support for this Software or particular version of this Software for any length of time and Site Store Pro may choose to discontinue such support at any time and for any reason.

5. Indemnification.

You shall defend, indemnify, and hold harmless Site Store Pro and its suppliers, licensors, successors, affiliates, agents, employees, executives, and assigns (hereafter “Site Store Pro Indemnified Parties”) from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred in connection with any and all damages, losses, claims, suits, judgments, or causes of action asserted against Site Store Pro Indemnified Parties by third parties or Your Customers related to:

* Any claims arising from or related to Your use of the Software or use of the Software by Your Customers or any portion thereof, including but not limited to claims of infringement of patents, copyrights, or other intellectual property or proprietary rights arising from your use of the Software or from use of the Software or any portion thereof in combination with any other software, hardware, device, system, or service;

* Damages arising from Your breach or Your Customer’s breach of this EULA;

* Any loss, misdirection, or inaccuracy of any and all data, message, and/or information (partial or complete) by or directed to You, Your Affiliates, Your Customers, Your vendors, Your assignees, or any related third party and from any action, inaction, or consequence arising out of such loss, misdirection, or inaccuracy of any data, message, or information;

* Any misuse, abuse, hostile transmission, fraud, or unlawful action arising from or related to the use of the Software or any portion thereof by or directed at You, Your affiliates, Your Customers, Your vendors, Your assignees, and/or any related third party;

* Any claim, damage, loss, or expense related to the installation, quality, use, operation, functionality, transfer, or deinstallation of the Software to You, Your Customer(s), or third parties.

* Any charges imposed by You or third parties on You or Your Customers related to Your or Your Customer(s)’s use of the Software, including but not limited to charges for data transmission and bandwidth, regardless of whether you have followed any configuration recommendations provided with the Software or Software documentation.

6. Transfers

The rights under the License may be sublicensed under the terms of Section 1.C. or transferred to any of Your successors, heirs, or assigns upon prior written notice to Site Store Pro. Any other attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void unless You have a separate written agreement with Site Store Pro allowing for such transfer(s).

7. Jurisdiction.

This Agreement shall be governed in all respects by the laws of the United States and the State of California, except for conflict of laws provisions. The parties agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in San Diego, California. The prevailing party will be entitled to an award of reasonable attorney’s fees.

8. Payments.

You shall pay the total fee(s) for the Software imposed by Site Store Pro at the time of purchase. You shall pay all invoices rendered by Site Store Pro within thirty (30) calendar days after the invoice date, or within another time frame set forth by Site Store Pro on specific invoice(s). All payments shall be made in United States Dollars ($). If You fail to pay any amount due within the above timeframe, Site Store Pro may impose late charges equal to the lesser of 1.5% per month or the highest interest rate allowable by applicable law, together with all related expenses and collection costs, including reasonable attorneys’ fees, incurred by Site Store Pro for collecting any amounts owed under this EULA. Further, You shall reimburse Site Store Pro for any out-of-pocket expenses incurred in connection with duties performed by Site Store Pro hereunder. Upon request by You, Site Store Pro shall provide You with reasonable documentation evidencing the out-of-pocket expenses incurred by Site Store Pro.

Site Store Pro may disable License Keys for invoices that are not paid within a reasonable timeframe as determined by Site Store Pro in its sole discretion. Licenses purchases that are made fraudulently, deceptively, or that result in a charge-back or disputed charge are considered to be not paid and are subject to disable.

9. Limitations to Customization.

You shall maintain and not remove or obscure any copyright notices in the software source code. Any deviation from these limitations must be approved in writing by Site Store Pro in advance of implementation and may result in additional license fees, if applicable. However, you may reskin the appearance of the browser-based application pages to suit your installation requirements and website design schemes. You are also free to add additional functionality to the Software. You are not permitted to resell any additional functionality or feature additions separate from the Software unless you have purchased a Reseller or White Label license. (Previously known as the Developer License).

10. Transmission of Information and Communication.

At purchase of the Software and at other times during the term of this EULA You will be required to supply certain information including, but not limited to, email address(es), password(s), personal and/or company information, payment information (e.g. credit card information), and/or other personally identifiable and potentially valuable information. Acceptance of this Agreement indicates Your willingness to provide this information and have it transmitted to Site Store Pro via internet, phone, facsimile, verbally, or otherwise and Your assumption of the incumbent risks associated with such transfers. Site Store Pro takes the privacy and security of data very seriously and will make efforts to protect data in accordance with our privacy policy. A copy of the Site Store Pro privacy policy is available by request. In any event, Site Store Pro and its suppliers, licensors, successors, affiliates, agents, employees, executives, and assigns shall not be liable for any stolen, misdirected, or otherwise mishandled information pursuant to this EULA.

From time to time Site Store Pro may contact You at any address, including any email address(es), You have provided to Site Store Pro regarding the Software, available Updates or Features Selection for the Software, or for promotional purposes. You hereby expressly consent to such communications. If you do not wish to receive further notices, you may notify Site Store Pro of your preferences.

From time to time the Software may cause computers, servers, and/or other electronic devices on which You install and operate this Software to use the internet or other means to exchange data with computers, servers, or other electronic devices owned by Site Store Pro in order to maintain licenses, communicate updates or instructions, track the location and install base of the Software, gauge performance, enforce Site Store Pro’ rights with regard to licensing and this EULA, or other information as is needed to properly maintain, protect, or update the Software. Acceptance of this Agreement indicates Your acceptance of this communication and Your assumption of the incumbent risks associated with such communication.

11. Severability.

The provisions of this Agreement will be deemed severable and the invalidity or enforceability of any provision(s) will not affect the validity or enforceability of any other provision(s) herein.

12. Entire Agreement.

This EULA constitutes and expresses the entire agreement and understanding between the parties hereto with respect to the subject matter, all revisions discussions, promises, representation, and understanding relative thereto, if any, being herein merged. This Agreement replaces and supersedes any prior agreement entered into between the parties hereto with respect to the subject matter herein.