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SupportPRO SupportDesk License
Supportpro.net will be licensing you to use supportPRO SupportDesk created by and belonging to Supportpro.net on the following terms and conditions.
By your usage of supportPRO Supportdesk, you agree to be bound by the terms and conditions of this license which is as follows.
1. OWNERSHIP AND LIMITS TO USE
The supportPRO Supportdesk and its Documentation remain at all times the sole and exclusive property of Supportpro.net. In order to protect the rights of Supportpro.net, You undertake to comply with the following:
(a) You shall not remove, alter or obliterate any copyright notices found in the supportPRO Supportdesk or its source code;
(b) You are allowed to write and make modifications only to the GUI portion of the supportPRO Supportdesk pursuant to the terms and conditions in the section five of this document.
(c) You shall ensure that your personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
2. MINIMUM CONFIGURATION
You are responsible for ensuring that the computer systems onto which the supportPRO Supportdesk is installed meet the minimal requirements prescribed from time to time by Supportpro.net. At no time will Supportpro.net make refunds of any kind, for any reason.It is your responsibility to make sure you can meet the requirements of the script before you purchase.
3. LIMITATION OF LIABILITY
THE supportPRO Supportdesk AND THE DOCUMENTATION ARE PROVIDED TO You AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, Supportpro.net MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE supportPRO Supportdesk, DOCUMENTATION, TECHNICAL SUPPORT AND UPGRADES. Supportpro.net EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Supportpro.net SHALL IN NO EVENT BE LIABLE TO You UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF Supportpro.net SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY Supportpro.net HEREUNDER.
This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.
4. INSTALLATION AND USE OF supportPRO Supportdesk
You shall follow the instructions found in the Documentation relating to the proper installation and use of the supportPRO Supportdesk.
5. IMPROVEMENTS AND MODIFICATIONS TO THE supportPRO Supportdesk
You may modify, adapt, and create improvements to the supportPRO Supportdesk as it deems appropriate pursuant to the following conditions and limitations:
(a) All modifications made to the code must be delivered back to Supportpro.net. While Supportpro.net prefers diff's, any method You chooses will be accepted. Supportpro.net reserves the right to use any modifications created by You and You agrees to give Supportpro.net a perpetual royalty-free license to copy, distribute, communicate to the public, modify and adapt such modifications and to sub-license others to use such modifications, which license will survive the expiration or termination of this License. Supportpro.net will credit all modification work to the original author in a way they deem appropriate. At no time is Supportpro.net to be obligated to use code submitted by You in their future releases of the supportPRO Supportdesk.
(b) You are allowed to use the modifications you make in source form only. The code must not be encrypted with Zend Encoder, ionCube, or any other form of PHP encrypter/compiler/obfuscator. All code must be in a completely unencrypted/unobfuscated state.
(c) Any code developed by Supportpro.net may not be used in products outside of or unrelated to the supportPRO Supportdesk. Supportpro.net retains full ownership rights to the code they developed, and only allow its use within the supportPRO Supportdesk.
(d) Supportpro.net is not liable for any custom modifications you do. By making modifications to the supportPRO Supportdesk, you waive any support rights which you may have been entitled to before making such changes.
6. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed nor time shared without the prior written consent of Supportpro.net. Any such assignment, transfer, delegation, sublicense or time sharing in breach of this undertaking is void and results in the immediate termination of this License.
7. TERMINATION
Supportpro.net shall have the right to terminate this License immediately without notice in the event that:
(a) You breaches any of the terms and conditions of this License or refuses or neglects to pay the applicable license fees when they fall due; or
(b) You file a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against You and said petition is not discharged within thirty (30) days, or if You becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of You comes into the possession of its creditors or of a governmental agency or of a receiver; or
(c) Any future criteria which Supportpro.net deems appropriate. Supportpro.net reserves the right to add these additional criteria without notice of any kind.
You undertakes in the event of termination of this License to immediately cease any and all use of the supportPRO Supportdesk, to deliver up to Supportpro.net the supportPRO Supportdesk and the Documentation, and to destroy any copies made.
8. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.
9. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the United States.
10. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of Chicago, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.
By using this software, you acknowledge having read this license and agree to be bound thereby.
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