TOS Agreement for
NOAH'S Classifieds (Any and All Versions
Free, Evaluation and Commercial) (New and/or
Upgrading and updates)
EULA stands for End User Licensing
Agreement. This is the agreement through
which the software is licensed to the
software user.
Noah's Classifieds EULA Updated January 1,
2011 All Versions. This Agreement must be
agreed to before any Installation,
support, update or upgrade of the Noah's
Classifieds Software, Free, Lite and
Commercial V8 RSS and E-Commerce Versions
and is an amended agreement to any prior
agreement of the Noah's Classifieds Software
Product's).
END-USER LICENSE AGREEMENT FOR NOAH'S
CLASSIFIEDS IMPORTANT PLEASE READ THE TERMS
AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE
CONTINUING WITH THIS PROGRAM INSTALL: NOAH'S
CLASSIFIEDS End-User License
Agreement ("EULA") is a legal agreement
between you (either an individual or a
single entity) and NOAH'S CLASSIFIEDS . for
the NOAH'S
CLASSIFIEDS software product's) identified
above which may include associated software
components, media, printed materials, and
"online" or electronic documentation
("SOFTWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE
PRODUCT, you
agree to be bound by the terms of this EULA.
This license agreement represents the entire
agreement concerning the program between you
and NOAH'S CLASSIFIEDS , (referred to as
"licenser"), and it supersedes any prior
proposal, representation, or understanding
between the
parties. If you do not agree to the terms of
this EULA, do not install or use the NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT.
The NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is
protected by copyright laws and
international copyright treaties, as well as
other
intellectual property laws and treaties. The
*NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is
licensed, not sold. (*Perpetual License).
1. GRANT OF LICENSE.
The NOAH'S CLASSIFIEDS SOFTWARE PRODUCTS
is/are licensed as follows:
(a) Installation and Use.
NOAH'S CLASSIFIEDS grants you the right to
install and use licensed copies (per URL
ONLY) of the NOAH'S CLASSIFIEDS SOFTWARE on
your computer and or Hosting Service (PER
URL) running a validly licensed copy of the
operating system for which the NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT was designed.
(MULTI-URL AND WHITE LABEL LICENSES ARE
AVAILABLE).
(b) Backup Copies.
You may also make copies of the SOFTWARE
PRODUCT as may be necessary for backup and
archival purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright
notices in the source code on any and all
copies of the NOAH'S CLASSIFIEDS SOFTWARE
PRODUCT. (You may remove the Header and
Footer in the Noah's Commercially Licensed
Products Only. The Free and Lite Version
DOES NOT ALLOW THE FOOTER to Be Changed. but does
not relieve Noah's Classifieds of its
ownership, trademark or copyrights and
ownership.
(b) Distribution.
You may not distribute registered or
unregistered copies of the SOFTWARE PRODUCT
to third parties.
(c) Prohibition on Reverse Engineering,
Decompilation, and Disassembly.
You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is
expressly permitted by applicable law
notwithstanding this limitation.
(d) Rental.
You may not rent, lease,sublet or lend or
borrow the Noah's Classifieds SOFTWARE
Products.
(e) Support Services.
NOAH'S CLASSIFIEDS may provide you with
support services related to the NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT ("Support
Services"). Any supplemental software code
provided to you as part of the Support
Services shall be considered part of the
NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT and subject to
the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws
regarding use of the NOAH'S CLASSIFIEDS
SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights,
NOAH'S CLASSIFIEDS may terminate this EULA
if you fail to comply with the terms and
conditions of
this EULA. In such event, you must destroy
all copies of the NOAH'S CLASSIFIEDS
SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to
copyrights, in and to the NOAH'S CLASSIFIEDS
SOFTWARE PRODUCTS and any copies thereof are
owned
by NOAH'S CLASSIFIEDS or its suppliers. All
title and intellectual property rights in
and to the content which may be accessed
through use
of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT
is the property of the respective content
owner and may be protected by applicable
copyright or other intellectual property
laws and treaties. This EULA grants you no
rights to use such content. All rights not
expressly
granted are reserved by NOAH'S CLASSIFIEDS.
5. NO WARRANTIES
NOAH'S CLASSIFIEDS expressly disclaims any
warranty for the NOAH'S CLASSIFIEDS SOFTWARE
PRODUCT. The NOAH'S CLASSIFIEDS
SOFTWARE PRODUCT is provided 'As Is' without
any express or implied warranty of any kind,
including but not limited to any warranties
of
merchantability, non-infringement, or
fitness of a particular purpose. NOAH'S
CLASSIFIEDS does not warrant or assume
responsibility for the
accuracy or completeness of any information,
text, graphics, links or other items
contained within the NOAH'S CLASSIFIEDS
SOFTWARE
PRODUCT. NOAH'S CLASSIFIEDS makes no
warranties respecting any harm that may be
caused by the transmission of a computer
virus,
worm, time bomb, logic bomb, or other such
computer program. NOAH'S CLASSIFIEDS further
expressly disclaims any warranty or
representation to Authorized Users or to any
third party.
6. LIMITATION OF LIABILITY
In no event shall NOAH'S CLASSIFIEDS be
liable for any damages (including, without
limitation, lost profits, business
interruption, or lost
information) rising out of 'Authorized
Users' use of or inability to use the NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT, even if NOAH'S
CLASSIFIEDS SOFTWARE PRODUCT has been
advised of the possibility of such damages.
In no event will NOAH'S CLASSIFIEDS be
liable
for loss of data or for indirect, special,
incidental, consequential (including lost
profit), or other damages based in contract,
tort or otherwise.
{ NOAH'S CLASSIFIEDS SOFTWARE PRODUCT shall
have no liability with respect to the
content of the NOAH'S CLASSIFIEDS SOFTWARE
PRODUCT SOFTWARE PRODUCT or any part
thereof, including but not limited to errors
or omissions contained therein, libel,
infringements
of rights of publicity, privacy, trademark
rights, business interruption, personal
injury, loss of privacy, moral rights or the
disclosure of
confidential information. LICENSE TRANSFERS
by sale, lease, rent, loaned to any third
party are not permitted or supported in any
way.
If by purchasing, installing or using Noah's
Classifieds, you (the user) are agreeing to
the following terms. DO NOT purchase,
install or use the script, if any of these
terms are not acceptable for you. If you
have any questions, you may contact us at
support@noahsclassifieds.org.
1.USAGE: A single license allows you to
install Noah's Classifieds on only one
domain name. If you want to setup more than
one websites using the script,
you should obtain additional licenses from
Noahsclassifieds.org.
Additional licenses are available at
discount prices. Please visit our website or
email us for more information. You may find
the contact information in the Support
Information section of this document.
You should NOT remove, alter or obfuscate
any instances of the Noah's Classifieds
script's name or copyright notices found in
the administration area and PHP source
files. Anyway, you are allowed to remove the
Header but not the Footer unless you have
purchased Noah's Classifieds V8 E-Commerce
PRO Commercial Version from the end
user side of the Noah's Classifieds
Software.
2. CHANGE OF DOMAIN NAME: A script license
is granted for a particular domain name. If
you move the script to a new domain, then
you should inform Noahsclassifieds.org so we
can help you with changing the license key
for your installation.
3. TRANSFER OF LICENSE: If a website running
Noah's Classifieds is to be transferred to
another party, along with the script, then
you should report the transfer to
Noahsclassifieds.org prior to the transfer
as it will affect the license and license
key status. Noahsclassifieds.org has the
right to prevent you from transferring the
script license and thus the script files to
the new party, if the transfer is found to
be unacceptable. If approved by
Noahsclassifieds.org, the transfer of the
website will also involve the transfer of
your script license and will no longer be
eligible to use the license further.
Additionally, any such transfers should
retain the script's name and all the
original copyright notices including those
in the administration area as well as the
source files and also contain an unaltered
copy of this file.REFUNDS: Payments made to
Noahsclassifieds.org are final and shall NOT
be refunded under any circumstance.
5. COPYRIGHTS: Noah's Classifieds is
copyright protected software. All rights on
the script are reserved by Live
Transactions.Com, Inc. and
Noahsclassifieds.org. You may not sell,
resell, license, distribute or redistribute
our script software , or any part of it,
with or without modifications without
express written permission from Live
Transactions.Com, Inc. and/or
Noahsclassifieds.org.
6.DISCLAIMER: THE SOFTWARE IS PROVIDED ON AN
"AS IS" BASIS. Live Transactions.Com, Inc /
NOAHSCLASSIFIEDS.ORG DISCLAIMS ALL
WARRANTIES RELATING TO THE SOFTWARE, WHETHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NEITHER NOAHSCLASSIFIEDS.ORG NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE
SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TOUSE THE
SOFTWARE, EVEN IF NOAHSCLASSIFIEDS.ORG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIMS. THE PERSON USING THE
SOFTWARE TAKES ALL RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE ONCE YOUR
INSTALLATION IS STARTED and COMPLETED.
Noah's Classifieds, Inc. Phoenix, Arizona.
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