End User License Agreement for SmartJobBoard Software by SmartJobBoard.com.
This End User License Agreement (further “EULA”) is a contract between SmartJobBoard.com, further referred to as “the Owner”, “the company”, “we”, “us” and “”our”, and the End User, further referred to as “the User”, “you”, “your”, “yours” that outlines the terms and conditions of use of of SmartJobBoard Software (further referred to as “the Software’) by the User.
By accessing, acquiring, downloading, purchasing, installing, or otherwise using the Software, the User agrees to be bound by the terms and conditions of this EULA. The EULA comes into full effect and force the moment the Software is delivered or otherwise lawfully obtained by the User as described in section “Distribution” hereof, and terminates as described in the section “Termination” hereof.
Software – the combination of code, files, documentation, databases and other electronic media provided as part of the SmartJobBoard software package.
Software License (also “The License”) – a memorandum of contract between the Owner and the User of the Software that specifies the perimeters of the permission granted by the Owner to the User.
Software Instance – a unique installation of the software on a system capable of running it, whether used for production purposes or for testing.
Terms of Sale – specific terms and conditions of sale describing any product components, offers, limitations, and services included/not included as part of the Software.
The Software is owned solely by the Owner, with the exception of third party components that are licensed, distributed and owned by their respective owners. The ownership of the Software remains with the Owner at all times.
GRANT OF LICENSE
This License grants the User the following rights:
- Installation and use of the Software. The User has the right to install and use only one instance of the Software. You may install the Software on your internal server or system for testing purposes, but you agree to uninstall it prior to installing your working instance of the Software. Only one instance of the Software per License may be operational at any given time in any given location. If you wish to use other instances of the Software, you will have to purchase additional licenses.
- Backup copy. The User has the right to keep ONE backup copy of the Software. However, this backup copy must not be used as a working copy, i.e. must not be installed or/and configured to be able to service user requests.
- Technical support. The User has the right to request and receive technical support, whether free or paid, when technical support option is included in the terms of sale. The Owner at its own discretion may provide additional technical support if deemed appropriate.
The License explicitly prohibits the User from the following:
- Copying, selling, re-distributing the code in any way, whether electronically or otherwise, giving away or otherwise distributing the Software or any part thereof, distributed under the License.
- Using any part or component, whether modified or not, of the Software distributed under the License as part of other software or standalone.
RESPONSIBILITIES OF THE USER
Safeguarding the Software
You acknowledge and agree that the structure, sequence, and organization of the Software (including but not limited to any technical configurations, technical data, images, photographs, animations, video, audio, music, and text) are proprietary to and are the valuable trade secrets of the Owner and its licensors. You agree to use due diligence to safeguard and protect the Software and all source code as the valuable trade secret and exclusive property of the Owner. You specifically agree to indemnify the Owner for all losses that it may incur due to the theft of all or any part of the source code of the Software while in your possession.
Marks and Notices
The Software is protected by copyright laws, you must not remove or alter copyright notices on the Software without the explicit consent of the Owner.
You agree to ensure that all marks, copyright notices and legends pertaining to the origin, identity or ownership of the Software remain intact and clearly legible in the software source code. The User may request the Owner, and be granted the right to, modify or remove such marks, notices or legends on the templates and frond-end interface components, but the php source code must have such marks, notices or legends intact.
Depending on the version of the product, the Owner requires to maintain some or all such marks, notices or legends on the front-end portion of the website generated by the Software. The Owner may, at the Owner’s discretion, grant or deny the right to modify such marks and notices.
Link to Installation Domain
You agree to provide the Owner with the valid URL of the intended installation location of the software. You further agree to keep the Owner informed of alternate URLs in the event you change the domain name under which the Software is installed. Failure to comply with the requirement to keep the Owner informed of the installation URL will result in breach of this EULA and in the subsequent revocation of the License by the Owner.
OTHER RIGHTS AND LIMITATIONS
References for Marketing Purposes
Unless you submit to the Owner a written request that your company and/or your web site may not be used for marketing purposes, you hereby grant the Owner the right to mention your company and/or your web site as a customer site in all of its marketing materials, including, but not limited to Owner’s web sites, brochures, leaflets, emails, press releases in any media format, whether electronic or printed. Such use may include listing your web site, linking to your web site, and/or displaying your company’s logo as part of such listings or links.
No Right to Transfer
This License is non-transferable, you may not re-sell or re-distribute the Software or any of the code included in any way without the Owner’s prior written consent and approval. In the event such written consent and approval is granted, you may transfer the Software to someone else only if you assign all of your rights under this License, cease using the Software, erase or destroy any copy made by or for you, and insure that the other person agrees to the terms of this License.
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Owner does not warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume all responsibility for selecting the Software to achieve your intended results, and for the use and results obtained from the Software. The Owner is not responsible if the Software does not operate on your server or computer due to configuration of hardware or software. You agree to review hardware and software requirements for operating the Software, as well as to request the Owner’s assistance to review and resolve any non-compatibility issues with such hardware or software prior to purchase. The Owner has no responsibility in the event the Software has been altered in any way, or for any failure that arises out of use of the Software with other than a recommended hardware configuration, platform or operating system.This disclaimer of warranty constitutes an essential part of this agreement.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, breach of contract or warranty or otherwise, shall the Owner be liable to the User or any other party for any indirect, special, punitive, incidental, or consequential damages of any character including, without limitation, damages for work stoppage, computer failure or loss of revenues, profits, goodwill, use, data or other intangible or economic losses. In no event will the Owner be liable for any damages in excess of the amount actually paid for the Software License, even if you or any other party shall have informed the Owner of the possibility of such damages, or for any claim and even if a remedy set forth herein is found to have failed of its essential purpose. No claim, regardless of form, may be made or action brought by the User more than one year after the basis for the claim becomes known to the party asserting it.
The Owner provides certain amount of free or paid technical support period for some products based on the terms of sale. The support period starts upon the delivery of the Software to the User. During the support period, the Owner will render support services to the User on the 24-hour response time basis.
After the completion of the free technical support period the User has an option to subscribe for a standard support plan for an additional fee. Free and paid support services are provided based on support policy conditions: http://www.smartjobboard.com/support_policy/.
Owned license price includes 1 year of Free software upgrades. After that upgrades can be purchased additionally. Upgrades are provided as a patch package with upgrade instructions. Patch package includes all files that were changed in the new release and sql script that makes necessary changes in the database. If the User wants the Owner to make an upgrade for him it will be charged additionally. The upgrade cost will depend on number and complexity of customizations which have been made in the Users’s system. Free and paid upgrade services are provided based on upgrade policy conditions: http://www.smartjobboard.com/upgrade_policy.
By purchasing or using the Software, you acknowledge that you have exercised due diligence in ascertaining that the Software will run on your intended system. You further acknowledge that the Software meets your requirements and expectations, having reviewed the Software’s operation on the demo web sites based on the Software.
The User has the right for a refund within 30 days after the purchase of owned license. To claim a refund, the User agrees to provide a written statement detailing the reasons of the refund request. The Owner may offer the User to resolve the issue(s) that have caused the User to request the refund, or may issue the refund.
The Owner may also issue a refund to the User as the Owner’s initiative. In the event a refund is issued, your License is terminated and you agree to destroy all copies of the Software and all installations of the Software.
The refund can be issued for the Software license only. All add-ons or additional customizations made for the User are not refundable.
The Software is distributed in one of the following ways:
- Email attachment. In this case, all of the Software’s files will be packed into an electronic archive and attached to the electronic mail message sent to the electronic mail address designated by the User. The Software is considered delivered whenever such message is delivered into the designated mailbox.
- Downloadable package. In this case, the Owner provides the User with a link to a location containing the electronic archive with the Software. The Software is considered delivered when the User accesses the package by any the network protocol.
- Installation. In this case, the User provides the Owner with all information and access rights required for the Owner to successfully install the Software on User’s server. The Software is considered delivered once the installation is successfully completed.
The Owner reserves the right to terminate your license if you fail to comply with any of the terms of this EULA. In such an event, you agree to destroy any copies of the software and the installation thereof.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.