Advanced Website Creator 2.2.1


EULA - End User License Agreement



LICENSE AGREEMENT FOR THE ADVANCED WEBSITE CREATOR
(EVALUATION AND NON-EVALUATION VERSIONS)

PLEASE READ CAREFULLY THIS LICENSE AGREEMENT BEFORE USING THE ADVANCED
WEBSITE CREATOR SOFTWARE. THE INSTALLATION, USE OR COPYING OF THE ADVANCED
WEBSITE CREATOR SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL,
COPY OR USE THE ADVANCED WEBSITE CREATOR SOFTWARE.

DEFINITIONS

1. The following definitions shall apply in this document:

1.1 PRODUCT shall mean the Advanced Website Creator software package (evaluation
and non-evaluation version) including any modifications or upgrades to the
software and any associated documentation or electronic or online materials
relating to the software

1.2 PROVIDER shall mean Advanced Website Creator Inc.

1.3 BUSINESS ENTITY shall mean any body of users, for example a company or
organization, with a single primary business purpose.

1.4 YOU or YOUR shall mean any person or business entity who has purchased
a license for the non-evaluation version, or downloaded the free evaluation
version of the PRODUCT.
2 LICENSE ENTITLEMENT

2.1 The PRODUCT is not sold, and instead is only licensed for use, strictly in
accordance with this document. Title to the PRODUCT does not pass to YOU.

2.2 The PROVIDER grants a personal, non-transferable, non-exclusive license to
use the PRODUCT in accordance with the terms and conditions of this License
Agreement.

2.3 Downloading of the evaluation PRODUCT entitles YOU to install and use the
PRODUCT for its own internal lawful purposes and in accordance with the terms
set out in this license agreement on any machines as necessary to adequately
evaluate the software.

2.4 Downloading of the purchased PRODUCT entitles the user to install and use
the PRODUCT for its own internal lawful purposes and in accordance with the
terms set out in this license agreement on one machine.

3 DISTRIBUTION

3.1 The PRODUCT may not be redistributed, leased, assigned, or sublicensed, in
whole or in part to any third party.

3.2 Keeping reasonable copies of the PRODUCT is permitted solely for onsite
or offsite backup purposes.

3.3 Without the express permission of the PROVIDER, the PRODUCT may under no
circumstances be embedded inside another product or website, nor branded as
another product or website, whether distributed or not.

3.4 Any output produced by the PRODUCT may be freely distributed without
limitations.
4 Reverse Engineering, Decompilation, Disassembly and Modification

You may not reverse engineer, decompile, disassemble or modify the PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.

5 LIMITED WARRANTY

5.1 The functionality of the non-evaluation PRODUCT shall be in accordance
with the documentation or materials supplied for the PRODUCT for a period of
30 days from the date the PRODUCT is put into live use. The PROVIDER does not
warrant that the PRODUCT is uninterrupted or error free. This constitutes the
only warranty provided by the PROVIDER in respect of the PRODUCT.

5.2 The PROVIDER will remedy any non-conformance of the PRODUCT to the
documentation during the warranty period by correction or replacement of any
defects, provided that the user promptly notifies the PROVIDER of an error
occurring during the warranty period.
6 LIMITATION OF LIABILITY

6.1 IN NO EVENT WILL THE PROVIDER OF THE PRODUCT BE LIABLE TO THE USER OR ANY
PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER
CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENSE
AGREEMENT OR ANY USE OF THE PRODUCT OR CREATED WEBSITES, EVEN IF THE PROVIDER IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL
WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING
FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE IN CONNECTION WITH THE PRODUCT TO THE FULLEST EXTENT PERMITTED BY
LAW.

6.3 DOWNLOADING THE PRODUCT IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT
ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS
A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE PRODUCT. WHILST THE
PROVIDER WILL DO ITS BEST TO ENSURE THAT THE PRODUCT IS FREE FROM SUCH
DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS
TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.

6.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS
LICENSE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE
PROVIDER TO THE REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE PAID
BY THE USER IN RESPECT OF ANY SINGLE DEFAULT OR SERIES OF DEFAULTS ARISING FROM
THE SAME CAUSE.
7 PRODUCT SUPPORT

7.1 Product support for the non-evaluation version of the PRODUCT is provided
free of charge for a period of one year after initial purchase of the PRODUCT.

7.2 Support for the evaluation version of the PRODUCT will be given during the
30-day evaluation period.

7.3 The PROVIDER reserves the right to refuse to provide support for the
evaluation version at any time.

7.4 All support services will be provided either by e-mail or phone. Support
requests will be responded to within two business days.
8 PRODUCT PRICE

8.1 The price of the PRODUCT may increase or decrease at the PROVIDER's
discretion with or without notice. Existing purchasers will not be liable for
additional costs should the product price increase, nor be due any refund if
the price decreases.

8.2 All prices are exclusive of VAT and all other taxes and duties.

8.3 All prices are in US dollars unless otherwise indicated.
9 ERRORS AND OMISSIONS

Whilst reasonable endeavors are made to ensure the accuracy of documentation
concerning the details of the PRODUCT, the user accepts the possibility of
inaccuracies in information presented in any format, including documentation,
email communications and online services. The PROVIDER shall under no
circumstances be liable for any events that arise as a result of
unintentional inaccuracies or omissions.
10 USER INDEMNITY

YOU agree to fully indemnify, defend and hold the PROVIDER harmless
immediately upon demand from and against all actions, liability, claims,
losses, damages, costs and expenses (including legal/attorney fees) incurred
by the PROVIDER arising directly or indirectly as a result of YOUR breach of
this License Agreement.
11 INTELLECTUAL PROPERTY RIGHTS

11.1 The user acknowledges that the PRODUCT and associated documentation and
materials contain proprietary information of the PROVIDER and are and shall
remain the exclusive property of the PROVIDER and/or its licensors and all
title, copyright, trade marks, trade names, patents and other intellectual
property rights therein of whatever nature shall remain the sole property of
the PROVIDER or its licensors.

11.2 No title to or rights of ownership, copyright or other intellectual
property in the PRODUCT is transferred to the user (other than the license
rights expressly granted in this License Agreement).
12 TERMINATION

12.1 The license for the evaluation version of the PRODUCT will terminate 30
days after the date of downloading.

12.2 The PROVIDER reserves the right to terminate this License Agreement
immediately by notice in writing against the user if the user is in breach of
any terms and conditions of this License Agreement.

12.3 Termination of this License Agreement for any reason shall be without
prejudice to any other rights or remedies of the PROVIDER which may have
arisen on or before the date of termination under this License Agreement or in
law.

12.4 The provisions of the following clauses shall survive any termination of
this agreement; clause 4, 6, 11 and 14.
13 GENERAL

13.1 The PROVIDER reserves the right to transfer or assign all or any of its
rights and duties and responsibilities set out in this License Agreement to
another party.

13.2 Headings have been included for convenience only and will not be used in
construing any provision of this License Agreement.

13.3 No delay or failure by the PROVIDER to exercise any powers, rights or
remedies under this License Agreement will operate as a waiver of them nor
will any single or partial exercise of any such powers, rights or remedies
include any other or further exercise of them.

13.4 If any part of this License Agreement is found by a court of competent
jurisdiction or other competent authority to be invalid, unlawful or
unenforceable then such part shall be severed from the remainder of this
License Agreement which will continue to be valid and enforceable to the
fullest extent permitted by applicable law.

13.5 This License Agreement including the documents or other sources referred
to herein supersede all prior representations, understandings and agreements
between the user and the PROVIDER relating to the PRODUCT and sets forth the
entire agreement and understanding between the user and the PROVIDER relating
to the PRODUCT.

13.6 Nothing in this License Agreement shall be deemed to constitute a
partnership between YOU and the PROVIDER nor constitute either party being an
agent of the other party.

13.7 This Agreement does not create any right or benefit for third parties and
is enforceable only by the PROVIDER and YOU, except that a person who under
clause 13.1 is a permitted successor or assignee of the rights or benefits of
the PROVIDER may enforce such rights or benefits.
14 GOVERNING LAW AND JURISDICTION

This License Agreement and any issues relating thereto shall be construed and
interpreted in accordance with the laws of Bulgaria and subject to the
exclusive jurisdiction of the Bulgarian courts.



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Users Rating:  
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Downloads: 271
Updated At: 2024-03-27
Publisher: Advanced Website Creator
Operating System: linux, windows
License Type: Free Trial