THIS IS AN ELECTRONIC CONTRACT BETWEEN YOU AND Datetopia.com . AS SUCH, YOU ARE MAKING LEGALLY ENFORCEABLE PROMISES TO US. ACCEPTANCE OF THIS AGREEMENT IS ACKNOWLEDGED EITHER THROUGH CLICKING THE 'I have read and accept the End User License Agreement' BOX BEFORE ORDERING AND/OR BY INSTALLATION AND/OR USE OF THE SOFTWARE.

RIGHTS GRANTED UNDER THE LICENSE

"Product", "Software", and "Source Code" refers to the PHP scripts and all associated files, and documentation. "You" means the person or company who is being licensed to use the Software. "We," "us" and "our" means Datetopia.com The product is licensed, not sold.

Installation and Use: We hereby grant you a nonexclusive license to use the product on any personal or commercial website as long as it does not breach any of the restrictions, representations, warranties or covenants of this agreement. To run the product under multiple domains or sub domains, additional licenses for each domain or subdomain must be purchased.

Refunds: We do not provide any Money Back Guarantee. Source code is shipped with the program for php scripts; therefore all sales are final as the digital nature of the products make them non-returnable.

TITLE

We remain the owner of all rights, title and interest of the product including all Source Code and associated documents.You agree and acknowledge that this product is our intellectual property and that you have no right to title or interest therein.

RESTRICTIONS

No rights are given to distribute or re-sell the Software or its' Source Code in part or in whole.

This license is NON-TRANSFERABLE.

You must not remove or alter any Datetopia.com original credit notices or links. This includes but is not limited to copyrights notices and branding text and logos from their original form.

The software is licensed as a single product. Its components may not be separated for use on more than one computer/domain or subdomain.

You must not use product versions older than 6 months if newer versions are available. This is to protect the reputation of our product. You must update the core package with the latest free patches available.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.

DISCLAIMER OF WARRANTIES

a. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USAGE OF OUR SOFTWARE.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL FUNCTION UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SOFTWARE LICENSE.

USE AND CONTENT RESPONSIBILITY

You are solely responsible for any and all use of the product and the content on your website, E-Mails or other forms of communication associated with your use of the product. This includes but is not limited to use of copyright and trademarked material, spaming, and any material that is unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, profane or could be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

UNDER ALL CIRCUMSTANCES AND UNDER ALL LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE; YOU WILL BE HELD LIABLE FOR ANY CLAIMS AGAINST US MADE BY THIRD PARTIES FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES PERTAINING TO YOUR USE AND CONTENT IN ASSOCIATION WITH THE SOFTWARE.

INJUNCTIVE RELIEF

You acknowledge and agree that the unauthorized use, transfer or selling of the product or its components will substantially diminish the value to us and cause economic damage. If you breach any of this agreement's obligations with respect to the use or confidentiality, we shall be entitled to equitable relief to protect our interests therein, including, but not limited to, preliminary and permanent injunctive relief.

MISCELLANEOUS

We reserve the right to reference any website or company using the Software in our sales and marketing literature.

We reserve the right to monitor compliance with this EULA and to restrict the use of the Software for non-compliance.

This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.

Contact:
eula@datetopia.com;

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