Easy PHP Calendar
Last Revised: April 7, 2017
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS: THE Easy PHP Calendar (THE "SOFTWARE" OR "CALENDAR SOFTWARE") LICENSE AGREEMENT ("LICENSE") IS AN AGREEMENT BETWEEN YOU AND NASHTECH, INC. FOR THE USE OF THE SOFTWARE. BY LICENSING AND INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE (UNLESS YOU HAVE ENTERED INTO A DIFFERENT LICENSE AGREEMENT FOR THE SOFTWARE SIGNED BY NASHTECH, INC. AND THAT AGREEMENT PROVIDES THAT IT WILL GOVERN YOUR USE OF THE CALENDAR SOFTWARE). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE, INSTALL OR USE THE SOFTWARE.
1. License. Subject to the terms of this Agreement and full payment of the applicable license fees, NashTech, Inc. hereby grants You a limited, non-exclusive, non-assignable, non-sublicensable license to install, use and modify the Calendar Software for use in a single installation.
2. License Restrictions. You may not: (a) reproduce or distribute all or any portion of the Software to any third party; (b) remove any proprietary notices from the Software or any copy thereof; (c) sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Software to any other person; (d) export or reexport the Software in violation of U.S. export laws; (e) use the Software in violation of any applicable law, regulation or ordinance. Further, You may not use the Software or any related services to develop, generate, transmit or store information that: (i) infringes any third party's intellectual property or other proprietary right; or (ii) is illegal.
3. Copyright; Proprietary Rights. The Software is Copyright NashTech, Inc. and is protected by United States and international copyright laws. Except for the limited license granted to You, NashTech, Inc. reserves all right, title and interest to the Software and all associated icons and graphics. Title to and ownership of the Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of NashTech, Inc. You shall not take any action to jeopardize, limit or interfere with NashTech, Inc.'s ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or use of the Software and/or graphics is a breach of this License.
4. Delivery and Installation. Unless otherwise agreed by NashTech, Inc. in writing, You are solely responsible for delivery and installation of the Software. Except as specified herein and unless otherwise agreed in writing by the parties, NashTech, Inc. is not obligated to provide training, maintenance or support of any kind for the Software.
5. Modifications to the Software. Subject to the terms and conditions of this License, You may not alter, reverse-engineer and/or modify the Software and You may not sublicense the Software to third parties for the sole, limited purpose of altering and/or modifying the Software in accordance with the terms set forth herein. The only exceptions to these restrictions are modifications that are freely shared on the Calendar Software's web site.
6. Your Responsibilities. In addition to the other terms and conditions set forth in this License, You are responsible for providing and maintaining all equipment and Internet connections necessary to install and properly use the Software, including, without limitation, computer hardware and software, modems, and telephone and/or network services. NashTech, Inc. does not access, control, edit or screen any message or posting content transmitted using the Software or related services; therefore, You are solely responsible for the receipt or transmission of any and all content using the Software and You use the Software.
7. Promotional Materials. You agree that NashTech, Inc. may list the web address of a web page You create utilizing the Software in promotional materials.
8. Export Controls. The Software and all underlying information and technology is subject to U.S. export controls, including the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic.
9. Termination. NashTech, Inc. may terminate this License if You fail to comply with the terms of this License or any applicable agreement relating to professional or other services NashTech, Inc. may provide to you. You may terminate this License at any time by destroying or removing from all hard drives, networks, and other storage media all copies of the Software. Upon any termination, You must remove the Software from your computer equipment and destroy all originals and copies of the Software in your possession. The following sections shall survive any termination of this agreement and shall be effective in accordance with their terms: 2, 3, 5, and 8 through 15.
10. Indemnity. You agree to indemnify, hold harmless and defend NashTech, Inc., at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by NashTech, Inc. arising out of or relating to your (a) violation or breach of any term of this License, or (b) use or misuse of the Software.
11. Warranties. You represent and warrant that You are solely responsible for ensuring compliance with all applicable laws.
12. Refunds. NashTech, Inc. grants a 30 day full refund period after which the sale is final.
13. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NASHTECH, INC., EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, NASHTECH, INC. DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
14. Limitation of Liability. YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION ALL CONDUCT ASSOCIATED WITH EVENT ADMINISTRATION). IN NO EVENT SHALL NASHTECH, INC. BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF NASHTECH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NASHTECH, INC.'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO NASHTECH, INC. FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE NASHTECH, INC. FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
15. General Provisions. The terms set forth in this License and any related service agreements constitute the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this License shall nonetheless remain in full force and effect. Any term of this License may be amended and the observance of any term may be waived only with the written consent of the parties. The failure of NashTech, Inc. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This License shall be governed by and construed in accordance with the laws of the STATE OF FLORIDA without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Calhoun County, Florida, USA. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. If You have any questions concerning this License, please write to: NashTech, Inc., Post Office Box 54, Altha, FL 32421, USA or visit the website at https://www.EasyPHPCalendar.com.