By installing this product, you are agreeing to be bound by the terms of this document. This Agreement constitutes the complete agreement between you and John Cardinal, the author of this software program. If you do not agree to the terms of this Agreement, do not install the product. Promptly return all media and other material which are part of this product, together with your proof of payment, to your place of purchase in accordance with the policies of that retailer.
1. License Grant: In consideration of payment of the license fee, which is part of the price you paid for this product, John Cardinal, as LICENSOR, grants to you, the LICENSEE, a non-exclusive right to use this copy of the software program "Second Site". You may use this product on a single computer. For your convenience, you may install the licensed copy of the product on no more than three (3) computers (e.g., home, office, laptop) for your exclusive use or that of immediate family members who live in the same household as the licensee, provided that no two of those computers shall ever operate the software at the same time. Commercial use is expressly prohibited; contact John Cardinal for a commercial-use license.
The licensor reserves all rights not expressly granted to the LICENSEE.
2. Ownership: As the LICENSEE, you own the magnetic or other physical media on which the software program is originally or subsequently recorded or fixed, but the licensor retains the title to and ownership in the software program recorded on the original disk copy and all subsequent copies of the program, regardless of the form or media in or on which the original and other copies may exist. This license is not a sale of the original software program or any portion or copy of it.
3. Copy Restrictions: The software program and the accompanying materials are copyrighted and contain proprietary information and trade secrets. Unauthorized copying of the software program, even if modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any infringement of the licensor's intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. In addition to licensed installations as described above, you may make one (1) copy of the software program installation file solely for backup purposes, provided that the copyright notice is reproduced in its entirety on the backup copy.
4. Permitted Uses: This software program is licensed to you, the LICENSEE, and may not be transferred to any third party for any length of time without the prior written consent of the licensor. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the software program. Written materials provided to you may not be modified, adapted, translated, or used to create derivative works without the prior written consent of the licensor.
5. Designer Attribution: Use of this software is subject to "open source" licensing agreements and other licensing agreements for third-party graphics and web site designs. Customer sites that use these designs must include HTML links as specified by the provider on every page that uses the design. Valid HTML links are added by the Second Site software via the Theme Credit property. Modifying the Theme Credit property in violation of the third-party licensing agreement as explained on the Themes page in the software's Help pages is a violation of this Agreement.
6. Termination: This Agreement is effective until terminated. This Agreement will terminate without notice from the licensor if you fail to comply with any provision contained herein. Upon termination, you shall destroy the written materials, and all original and backup copies of the software program, in part, and in whole, including modified copies, if any.
7. Registration: The licensor may from time to time update the software program. Updates can be made available to you only if your license has been registered with the licensor.
8. Miscellaneous: This Agreement is governed by the laws of Massachusetts.
DISCLAIMER AND LIMITED WARRANTY
This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
THIS SOFTWARE PRODUCT, REFERENCE MATERIAL, AND OTHER DOCUMENTATION ARE PROVIDED AS IS. JOHN CARDINAL, AS LICENSOR, MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE USE OF THIS LICENSED MATERIAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
JOHN CARDINAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THESE PRODUCTS, EVEN IF JOHN CARDINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This page last changed on 18 Jan 2011.