Simple! Web CMS End-User License Agreement
(last updated July 27, 2009)
This agreement is intended to cover all Simple! Web CMS License holders.
By downloading, installing or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement. You must check the box "I have read and agree to the License Agreement" in order to be permitted to use the product.
IMPORTANT — READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and JustSimple., ("JUSTSIMPLE"), for the software containing this LICENSE which may also include the software's source code written in a high–level computer language, associated media, printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE").
Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.
DEFINITIONS
- CMS User/User seat - an individual user who has access to the administrative (content management) capabilities of the SOFTWARE through a unique username and password.
Site visitor - an individual who can access only the public (published) part of web-sites, created with the SOFTWARE. Such users do not have username and password for access to the administrative capabilities of the SOFTWARE. None of the JustSimple LICENSES impose any limitation on the number of Site visitors. - Support Incident - A support incident is defined as a single support issue with the SOFTWARE and the reasonable effort required for resolving it. A single support incident is a support problem, which cannot be broken down into secondary issues. A single support incident may involve several e-mails and offline work in order to be resolved. The Customer needs to provide JustSimple with detailed information about the problem encountered. Even though JustSimple Support Engineers will make reasonable efforts to resolve the issue, JustSimple does not guarantee that all problems will be resolved. All bug reports and product feature suggestions are not considered support incidents.
- Development Machine - a computer used for custom development, staging, or testing of the SOFTWARE, before it is deployed on the Production Server.
- Production Server – a computer used for the final deployment of the SOFTWARE.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. The SOFTWARE is licensed to you, not sold. JustSimple retains ownership of the copy of the SOFTWARE in your possession, and all copies you may be licensed to make. JustSimple also retains all rights not expressly granted to you in this LICENSE.
I. GRANT OF LICENSE
JustSimple hereby grants to you, and you accept, a LICENSE to install, copy and use the SOFTWARE only as authorized below.
Developer License:
For the version(s) you are licensed for, you are granted a license as a single individual to install and run the SOFTWARE royalty-free with an unlimited number of different solutions to an unlimited number of web servers, provided they are developed solely by you. The term "different solutions" is understood to mean non-identical, non-"shrink-wrapped" applications to be resold or re-licensed by you. You may not distribute the product with more than 10 copies of an identical or similarly-functioning ("shrink-wrapped") solution or application.
At no time may the SOFTWARE be used by more than one individual at the same time for development purposes - nor may the SOFTWARE be distributed for use with applications other than those developed by you.
Pofessional and Standard License:
You are granted a license AT A SINGLE WEBSITE LOCATION (URL) - or up to five (5) subdomains who are still part of a single website, organization, enterprise or corporation. You are also prohibited to remove "Powered by Simple " link at the bottom of the website, unless you purchase "Branding Free" option which allows you to re-brand the software and remove any marks of JustSimple or SOFTWARE.
For all Licenses:
In no case shall you rent, lease, lend, redistribute nor re-license THE SOFTWARE or any related source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for THE SOFTWARE to the end-users of your solution.
UNDER NO CIRCUMSTANCES MAY THE SOURCE CODE OR THE COMPILED PRODUCT BE USED AS THE BASIS FOR CREATING A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS ANY JUSTSIMPLE PRODUCT.
II. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You are not allowed to use the SOFTWARE as a whole, or any of its comprising elements, as a basis for creation of another software product.
You are not allowed to use individually the software components comprising the SOFTWARE, but only as an integral part of the SOFTWARE.
You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the SOFTWARE provided in object code form only.
You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENSE.
You may not use the JustSimple product names, logos or trademarks to market your SERVICES or IMPLEMENTATIONS related to the SOFTWARE without the express prior consent of JustSimple.
You agree to indemnify, hold harmless, and defend JustSimple and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
Independent software vendors involved in the development, maintenance and publication of software components are notallowed to use the SOFTWARE without the express permission of JustSimple.
III. DELIVERY
JustSimple shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic format only. Documentation shall also be provided in electronic format.
IV. UPGRADES
The JustSimple CMS Software Standard Edition Domain LICENSE entitles the LICENSEE to receive all version updates, patches, and bug-fixes released for a period of 1 (one) year after the day of purchase. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.
V. TERMINATION
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. JustSimple may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.
JustSimple reserves the right to discontinue at any time any product, whether it is offered individually or as a part of a product suite. However, JustSimple will fulfill any contractual obligations to provide support for discontinued products that exist as of the date of discontinuation.
VI. COPYRIGHT
All title and copyrights in and to the SOFTWARE (excluding the software modules listed below), the accompanying materials, and any copies of the SOFTWARE, and any trademarks or service marks of JustSimple are owned by JustSimple. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All error corrections, bug fixes, patches, updates or other modifications shall be the sole property of JustSimple.
LIMITED WARRANTY
JustSimple guarantees that: (a) during a time period of thirty (30) days starting at the same date of the SOFTWARE acquisition, the SOFTWARE will work and operate conforming to the terms and conditions of the provided documentation, and that (b) any technical support supplied by JustSimple will be provided according to this EULA. JustSimple SOFTWARE will be either in position to (a) repair the SOFTWARE or (b) replace the SOFTWARE. The SOFTWARE replacement will be guaranteed during the rest of the original warranty time period or during thirty (30) days, choosing from both periods the larger one. The present warranty will be terminated if the SOFTWARE fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, JustSimple and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the software product, and the provision of or failure to provide support services.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall JustSimple or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if JustSimple has been advised of the possibility of such damages.
ALL SALES ARE FINAL
When you purchase the SOFTWARE you are acquiring source code and digital information. The SOFTWARE sale is final. JustSimple SOFTWARE under no circumstances will be in the obligation of returning the amount paid for the SOFTWARE.
Wherever you acquire this software your local law may apply.
If you are interested in additional information on licensing or use of JustSimple software products, please contact JustSimple at http://www.justsimple.com.my. Should you have any questions concerning this EULA, or if you desire to contact JustSimple for any reason, please e-mail us at info@justsimple.com.my or write to :
JustSimple (M) Sdn Bhd
B-2-09, Block B, Jalan PJU 1A/41B,
NZX Commercial Centre, Ara Jaya,
47301 Petaling Jaya, Selangor, Malaysia.