By checking the "I have read and agree with the terms of the License Agreement as stated above" box when purchasing this Software, downloading the Software, or installing this Software on your web server, you are consenting to be bound by this Agreement. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, "Licensee" includes both the reader and any Corporate Licensee. "Wolfshead Solutions" includes all agents and employees of Wolfshead Solutions.
Purchasing the Software - In an effort to prevent fraudulent purchases, firstly you will need to ensure that when you register for an account here to purchase products you use your PayPal email address when asked for an email address, and secondly you will need ensure your PayPal account is Verified in order to be able to purchase products from us. NOTE: We will not activate any of your product licenses where the payment is being made from an Unverified PayPal account and/or you are not using the email address of the Verified PayPal account as your email address here at Wolfshead Solutions, we will just reverse the transaction.
Software Rights - Your license grants you the right to run one instance (a single installation) of the Software on one web site for each license purchased.
- Licenses are non-transferable. Your Software license(s) may not be rented, leased, sold, or otherwise transferred in any form without the prior written consent of Wolfshead Solutions.
- Licensee shall not make any copies of the Software or any part of the user documentation except for back up or archival purposes for Licensee's own use.
- Licensee shall not provide or disseminate all or any part of the Software to any other person. Licensee will safeguard the Software and related user documentation with a reasonable degree of care so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than Licensee and any employees, agents or consultants of Licensee whose duties reasonably require such disclosure.
- Licensee shall not reverse compile or reverse assemble all or any portion of the software to distribute, sell, create derivative works of the software, or for any other reason.
- Licensee must submit the URL where they plan to use the software (it needs to be legitimate, otherwise you will be in breach of your license agreement). The URL will need to be submitted before downloading the software for the first time, and once submitted is not changeable.
- The source code of the software, if unencoded, may be altered at Licensee's own risk where possible.
- The License grants you access to the members area where you may download newer versions of the Software and full access to the support forums for one (1) year from the date of purchase. After this time period, you may continue to use the last version of the software that was available to you, or you can renew your download access and support options for another year through the Members' Area to again have access to the latest version.
- Modifications to the Software's code or database to simulate multiple versions or copies of the Software are prohibited.
Ownership of Software - Wolfshead Solutions has and will retain all ownership rights in the Software, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licenses are nonexclusive and Licensee will have no rights in the Software except as explicitly stated in this Agreement.
Copyright Notice - Unless a "Branding Free" license has been purchased for this product, all visible and source file copyright notices in the Software must remain intact. The visible notices may be moved providing that the wording remains unchanged, is still visible (and readable) to the human eye, and on all web site pages that are powered by the Software.
Warranty - Wolfshead Solutions disclaims all implied warranties for the Software, including warranties of merchantability and fitness for a particular purpose. Wolfshead Solutions makes no representations concerning the quality of the Software and does not promise that the Software will be error free or will operate without interruption.
Liability - Under no circumstances will Wolfshead Solutions be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if Wolfshead Solutions has been advised of the possibility of such damages. In no event shall Wolfshead Solutions's liability to Licensee exceed the price paid by Licensee. These limitations apply to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
Termination - If any of the terms of this Agreement are violated, Wolfshead Solutions reserves the right to revoke the License at any time, without notice to Licensee. The failure of Wolfshead Solutions to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision.
Installation - If Licensee orders installation services with respect to the Software, Wolfshead Solutions will use its best efforts to install the Software on Licensee's server. Due to factors outside of Wolfshead Solutions's control, including but not limited to server configuration and software versions, successful installation of the Software is not guaranteed. In the event that the software cannot be installed on the Licensee's server, Wolfshead Solutions will issue a full refund for the installation fee. This does not include circumstances where a customer orders the Software and does not have vBulletin forum software installed on their web server, the customer is running software on their web server that does not match the software versions listed in the "Requirements" section of the product information page, or the server configuration in someway causes the Software to fail (as the Software can not possibily be tested on all possible server configurations). Wolfshead Solutions will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software.
Data Collected - Licensee understands and accepts that data containing the Licensee's web site URL and Wolfshead Solutions products shall be sent to (and stored by) Wolfshead Solutions during the Software installation process. This data shall be used solely for the purpose of verifying that the Software being installed is not violating the terms and conditions of this License. This data shall not be shared with any third party, or used in any other manner.
Refunds - As a general rule, refunds shall not be granted once the Software has been downloaded due to our products being "visible source" in nature (i.e. they are not encrypted products). For this reason, we encourage customers to post any questions they may have in our Pre-Sale Questions forums before purchase. The only exception for our refund policy is if the Software cannot be installed on your web server with our assistance (via the Professional Installation option during or after purchase). This does not include circumstances where a customer orders the Software and does not have vBulletin forum software installed on their web server, the customer is running software on their web server that does not match the software versions listed in the "Requirements" section of the product information page, or the server configuration in someway causes the Software to fail (as the Software can not possibily be tested on all possible server configurations), in cases such as these they will not receive a refund once they have downloaded the software.
Headings - The article, section and paragraph headings included in this Agreement have been used solely for convenience and shall not be used in the interpretation of this Agreement. References to articles, sections and paragraphs shall refer to such provisions in this Agreement unless otherwise stated.
Applicable Law - This Agreement shall be governed by and construed in accordance with the Australian Copyright Act 1968 and Copyright Amendment Act 2006, as if performed wholly within Australia and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software.
Terms & Conditions Modifications - Wolfshead Solutions reserves the right, at our sole discretion, to modify the terms of this Agreement at any time. You are responsible for reviewing these terms and conditions periodically, and your continued use of the Software after any changes will indicate your acceptance of the new terms and conditions.