Software license agreement. 

Copyright © 2010-2011  GetWebActive, All rights reserved. 

 

PLEASE READ

  

 

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY 

USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT GARY J POMERANT 

(hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING 

AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). 

THIS SOFTWARE BEING PRIMARILY AVAILABLE AND AVAILABLE FOR DOWNLOAD ON 

THE WEBSITE WWW.FREEAUTORESPONDER.BIZ (hereinafter referred to as "THE 

WEBSITE").  

 

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE 

AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY 

UNZIPPING, INSTALLING, ACTIVATING, COPYING OR OTHERWISE USING THE 

SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND 

AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING 

TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. 

VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE 

SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED 

RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR 

TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED 

BY THIS AGREEMENT. 

 

 

1. LICENSE GRANT. Upon the terms and conditions of this Agreement, the Author 

grants you a nonexclusive license to use the Software on a single Wordpress Weblog 

installation and only for the purposes of operating an opt-in newsletter manager and 

auto-responder. 

 

2. MODIFICATIONS 

 

2.1 Error Corrections and Updates. The Author will provide you with error corrections, 

bug fixes, patches or other updates to the Software licensed hereunder in open 

source code form to the extent available in accordance with Author's release schedule 

until termination of this Agreement in accordance with the terms and on the 

conditions set forth in this Agreement. 

 

2.2 Other Modifications. You may, from time to time, request that the Author 

incorporate certain features, enhancements or modifications into the Software. The 

Author may, in its sole discretion, undertake to incorporate such changes and 

distribute the Software so modified to all or any of Author's customers. 

 

2.3 Title to Modifications. All such error corrections, bug fixes, patches, updates or 

other modifications shall be the sole property of the Author. 

 

3. PROPERTY RIGHTS AND RESTRICTIONS 

 

3.1 Ownership. The Software and all modifications or enhancements to, or derivative 

works based on the Software, whether created by the Author or you, and all 

copyrights, patents, trade secrets, trademarks and other intellectual property rights 

protecting or pertaining to any aspect of the Software or any such modification, 

enhancement or derivative work are and shall remain the sole and exclusive property 

of the Author. This Agreement does not convey title or ownership to you but instead 

gives you only the limited rights set forth in this Agreement.

 

3.2 Limited Rights. Pursuant to this Agreement, you may: a) install and use the 

Software on a single Wordpress weblog website installation only. 

 

Except as expressly set forth in this Agreement, you have no right to use, make, 

sublicense, modify, transfer or copy either the original or any copies of the Software 

or to permit anyone else to do so. You may not allow any third party to have access 

to the source code of the Software. It is illegal to copy the Software and install that 

single program for simultaneous use on multiple machines. 

 

3.3 Proprietary Notices. You may not remove, disable, modify, or tamper with any 

copyright, trademark or other proprietary notices and legends contained within the 

code of the Software. 

 

3.4 Confidentiality. The Software and the templates contain valuable trade secrets 

and proprietary information belonging to Author. You must keep confidential and 

protect from unauthorized disclosure all such program code, all templates and all 

information that Author expressly designates as confidential or that you reasonably 

should understand to be confidential or proprietary. 

 

4. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 

 

4.1 Author warrants that the Software, when properly installed, will substantially 

operate as described in the applicable program documentation. This 

Software is provided "as is" and these warranties do not guarantee that the Software 

will perform error-free or uninterrupted, or that all errors in the Software and 

documentation will be corrected. These warranties are exclusive and take the place of 

all other express or implied warranties or conditions including warranties or 

conditions of merchantability, satisfactory quality, and fitness for a particular 

purpose.  

 

4.2 This Agreement does not obligate the Author to perform the installation of any 

corrections, bug fixes, patches or other updates to the Software licensed hereunder 

that is installed on your server. 

 

4.3 If the Author cannot substantially correct a breach of these warranties, in a 

commercially reasonable manner, you may end your program license and recover the 

license fees or technical support fees paid to the Author under this license 

agreement, as applicable. This is your exclusive remedy. 



4.4 The warranties specified in sections 4.0, 4.1, 4.2 & 4.3 DO NOT apply to any beta 

software, any software made available for testing or demonstration purposes, any 

temporary software modules or any software for which the author does not receive a 

license fee. All such software products are provided AS IS without any warranty 

whatsoever.



5. LIMITATION OF LIABILITY 

 

Neither party shall be liable for any indirect, incidental, special, punitive, or 

consequential damages, or any loss of profits, revenue, data, or data use. Our 

maximum liability for any damages whether in contract or tort will not exceed the 

fees which you have paid to us or are payable to us for this order, and if such 

damages result from your use of the Software or technical support, the liability shall 

be limited to the fees paid or payable for the Software or technical support. 

 

6. TERM 

 

The license is effective until terminated. You may terminate it at any other time by 

deleting the Software together with all copies, modifications and merged portions in 

any form. It will also terminate upon conditions set forth elsewhere in this Agreement 

or if you fail to comply with any term or condition of this Agreement. You agree upon 

such termination to delete the Software together with all copies, modifications and 

merged portions in any form. 

 

7. GENERAL

  

If any provision of this Agreement is declared void or unenforceable by any judicial 

authority, this shall not nullify the remaining provisions of the Agreement which shall 

remain in full force and effect.

 

You may not sublicense, assign or transfer the license or the Software except as 

expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or 

transfer any of the rights, duties or obligations hereunder is null and void.

 

This Agreement is governed by Canadian law. Any dispute arising out of or in 

connection with this agreement including any question regarding its existence, 

validity or termination, shall be referred to and finally resolved by arbitration under 

Canadian Law which Laws are deemed to be incorporated by reference into this 

clause. The place of arbitration shall be Superior Court, Ottawa, CANADA. 



Copyright © 2010-2011 GetWebActive.

  

All Rights Reserved.

