ShopFactory 7.58

EULA - End User License Agreement

3D3.COM Pty Ltd Software License Agreement
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE 3D3.COM Pty Ltd LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MUST STOP INSTALLATION NOW. YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND.

License Grant
3D3.COM Pty Ltd grants the registered user a non-exclusive, personal single user license for an unlimited period of time to use the computer program on a single computer or workstation within a network only to create as many websites as wanted.

Only one person may use the software at any given time. Any concurrent use of the Software on multiple computers or workstations requires the purchase of a multiple license from 3D3.COM.

"Use" means storing, loading, installing, executing or displaying the Software on one computer system. You may not modify the Software or disable any licensing or control features of the Software.

If the Software is a Demonstration version, then the software may be used to evaluate performance during the time period allocated.

Ownership
The Software is owned and copyrighted by 3D3.COM Pty Ltd or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. 3d3.COM's third party suppliers may protect their rights in the event of any violation of these License Terms.

Copies and Adaptations
You may only make copies of the Software for archival purposes. You may not make the software available to any one else by any means. Only Software Demonstration versions which are clearly marked as such may be passed on to other people for evaluation purposes.

Transfer
Your license is not transferable.

Termination
3D3.COM may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies of the software.

Limited Warranty
3D3.COM warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt. 3d3.COM's entire liability and your exclusive remedy under any warranty or legal theory shall be replacement of the Software or return of the price paid.

No other Warranties
3D3.COM disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, and the accompanying written materials and for the free order processing services provided by GlobeCharge for shops generated with this software. Except for the limited warranty provided above, the Software and Services are provided as is.

Limited Mitigation of Remedies and Damages; Force Majeure

3D3.COM shall not be responsible or liable with respect to any subject matter of this agreement or any attachment, product order, service, schedule or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (a) for loss or inaccuracy of data or (except for return of amounts paid to 3D3.COM therefore), cost of procurement of substitute goods, services or technology; (b) for any indirect, incidental or consequential damages including, but not limited to, loss of revenues, loss of profits or loss of orders, fines for non compliance with local regulations (c) for any other matter beyond its reasonable control.

Orders

3D3.COM and GlobeCharge reserve the right to limit the amount of orders a shop may process through the free order processing service offered in any given period as well as to bar any shop from accessing the free order processing service if: a shop generates too many orders to be reasonably using a free service or if a shop does not trade honorably or if the content of a shop is offensive as judged by GlobeCharge management. This would include shops which degrade or abuse people's rights or which promote violence against others.

Images and Templates
All website templates supplied are copyright 3D3.COM Pty Ltd. All images supplied with this software for the use in websites may only be used for Websites generated by this Software and may not be used for any other purposes. Some Website images included in templates are Copyright Image100 ltd - www.image100.com .

Miscellaneous

This Agreement will be governed by the laws of the State of Victoria, Australia. If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect, and enforceable.

3D3.COM has the right to access website data and website content to use for promotional purposes and the supply of other services. This function can be disabled.

3D3.COM has the right to contact users of this software at times to inform them of product and service updates related to this software.