WebFlicker CMS License Agreement

Please review the following license agreement before installing or using the WebFlicker CMS, any individual plug-in component or other software product, and/or all related materials.

DEFINITIONS:

This WebStar Ltd.. End-User Software License Agreement is a legal agreement between you (either as an individual user, corporation or single entity) and WebFlicker Ltd.. ("WebFlicker") for the WebFlicker CMS software product - which includes computer software, and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this End User License Agreement, including the limitations and warranty disclaimers. If you do NOT agree to the terms of this agreement, you may not install nor use the SOFTWARE PRODUCT; If this is the case, please uninstall the SOFTWARE PRODUCT from your system immediately, and destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF LICENSE.

This is a license agreement, and NOT an agreement for sale. WebFlicker retains ownership of the copy of THE SOFTWARE in your possession, and all copies you may be licensed to make. WebFlicker retains all rights not expressly granted to you in this LICENSE. WebFlicker hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify THE SOFTWARE only as authorized below.
This agreements grants you the following rights:

Corporate License:

You are granted a license for all developers/individuals who are part an entire single collective entity, organization, enterprise, or corporation to all versions of the particular product released during the period of the Corporate Site License subscription.
For the version(s) you are licensed for, you are granted a license to distribute the SOFTWARE PRODUCT royalty-free with an unlimited number of solutions or applications to an unlimited number of web servers, provided they are developed solely within the single organization. The SOFTWARE PRODUCT may be used by an unlimited (or limited, as defined above) number of individuals employed by or belonging to the single organization, at the same time, for development purposes -- and the SOFTWARE PRODUCT may be distributed for use with an unlimited number of applications developed by the collective entity, organization, enterprise or corporation. This includes royalty-free distribution of multiple copies of identical or similarly-functioning ("shrink-wrapped") solutions or applications.

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 PRODUCT 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 PRODUCT be used by more than one individual at the same time for development purposes - nor may the SOFTWARE PRODUCT be distributed for use with applications other than those developed by you.

Professional and Standard License:

You are granted a license AT A SINGLE WEBSITE LOCATION (URL) - or up to five (5) sub domains who are still part of a single website, organization, enterprise or corporation. You are also prohibited to remove "powered by WebFlicker" 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 WebFlicker or SOFTWARE PRODUCT.

For all Licenses:

In no case shall you rent, lease, lend, redistribute nor re-license THE SOFTWARE PRODUCT 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 PRODUCT 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 SPOONLABS LLC. PRODUCT.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Termination:
Without prejudice to any other rights, WebFlicker Ltd.. may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.

3. COPYRIGHT.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by WebFlicker Ltd.. The SOFTWARE PRODUCT is protected by EU. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.

4. LIMITED WARRANTY.

No Warranties.
WebFlicker Ltd.. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

5. LIMITATION OF LIABILITY.

No Liability For Consequential Damages.
In no event shall WebFlicker Ltd. or its distributors be liable for any 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 this WebFlicker Ltd.. product (THE SOFTWARE PRODUCT) and related materials, even if WebFlicker Ltd.. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.