You should carefully read the following terms and conditions before using this software. Your use of this software indicates your acceptance of this license agreement and warranty. 3DeeArts Design reserves the right to alter this Agreement at any time, for any reason.
One licensed copy of the program may reside on a single server at any given time, in use by a single website. For each installed instance of the program, a separate license is required (this applies to all versions of the software). If the license was leased, you must remove the 3DeeArts Calendar at the conclusion of the lease, unless you renew the license.
This license, and/or the 3DeeArts Calendar software, may not be resold or redistributed under any circumstances without written consent from 3DeeArts Design.
SOFTWARE MODIFICATION RESTRICTIONS
License holders may alter or modify this software, at their own risk, of course, but only for their own use. They may also hire others to modify their own copy of the code, as long as the code is not transferred to or retained by the individual who is hired (unless he/she is also a license holder).
Although license holders may modify the code for their use, modified code may NOT be resold or distributed, without written permission from 3DeeArts Design. This prohibition applies to both altered 3DeeArts Design code and any new code developed by license holders specifically for use with the 3DeeArts Calendar.
DISPLAY OF COPYRIGHT NOTICES REQUIRED
All copyright notices used throughout the program, within the scripts, MUST remain intact. Your acceptance of this agreement also permits 3DeeArts Design to list your calendar in promotional materials and/or on our website, unless a special agreement is made prohibiting such use. 3DeeArts Design retains total control over its application code, including the 3DeeArts Design logo and brand. This software license does not imply license to resell or redistribute any of those items without expressed permission.
License, installation, and support fees are refundable only if the customer has verified that his/her web server meets the System Requirements, pays 3DeeArts Design to professionally install the program and 3DeeArts Design fails to properly install it. Such requests must be made within 30 days of purchase. A failed professional installation by 3DeeArts Design is the only circumstance under which a refund will be given. A web host's refusal to allow installation is not grounds for a refund. Failure of the web server to meet the System Requirements is not grounds for a refund.
This agreement shall be governed by the laws of the Province
of British Columbia.
If the agreement is violated in any manner, the license may be revoked at the discretion of 3DeeArts Design, at any time. There are no refunds given for revoked licenses. Revocation of license is at the sole discretion of 3DeeArts Design. It is at the sole discretion of 3DeeArts Design to withhold delivery of the 3DeeArts Calendar software until payment for the 3DeeArts Calendar software has been received in full. 3DeeArts Design may cancel any pending payment at any time before that payment has cleared and shall not be responsible or liable for any losses that arise directly or indirectly from this cancellation.
LIMITATION OF REMEDIES AND DAMAGES
3DEEARTS DESIGN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE 3DEEARTS CALENDAR, USE OF THE 3DEEARTS CALENDAR OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
You shall indemnify, defend and hold harmless 3DeeArts Design against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement or (b) your use or operation of the 3DeeArts Calendar.
Neither your rights nor your obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.
Customer acknowledges and agrees that due to the unique nature of the 3DeeArts Calendar and Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow you or third parties to unfairly compete with 3DeeArts Design resulting in irreparable harm to 3DeeArts Design, and therefore, that upon any such breach or threat thereof, 3DeeArts Design shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS"
AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY
OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
3DeeArts Design is not liable for any conduct associated with the activity of the software, or for any messages or events posted using this program.
The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
The license holder is responsible for maintaining an intact copy of the downloaded application files.