PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT GOVERNING YOUR USE OF THE LICENSED PRODUCT. BY COMPLETING ITS INSTALLATION OR BY CLICKING A BUTTON ACCEPTING THIS AGREEMENT, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, THEN STOP AND DO NOT INSTALL OR USE THIS LICENSED PRODUCT.
This agreement (the "Agreement") is hereby entered into between Craig Brass Systems, a Limited Liability Company with offices at 43b Millbrook Road, Kingstown Industrial Estate, Carlisle, Cumbria, CA3 0EU, United Kingdom (the "Licensor") and the party obtaining the right to use the Licensed Product ("you") on the following terms and conditions.
Licensed Product
This licence allows you to use Viper Cart, the accompanying documentation and any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to you (the "Licensed Product") according to the terms set forth in this Agreement.
Delivery and Installation
The Licensed Product is distributed to you by electronic download from authorised web site(s) as described in the documentation. You will need to install the Licensed Product on properly configured and compatible computer equipment according to the system requirements specified in the documentation.
Permitted Use
Free Trial: If you obtained an Free Trial copy of the Licensed Product, then the Licensed Product may be installed and used for evaluation purposes only. The trial has checkout disabled so you will not be able to run a live store with it.
Operating Licence: Subject to payment of the Licence Fee, you may install and use the Licensed Product on a single domain name which must be listed as a licensed domain name inside the client area. This can be changed via the client area should you change your domain name. If you require an additional domain name licence, you can purchase this from inside the client area.
Reservation of Rights
The Licensed Product is licensed, not sold, to you. The intellectual property rights in the Licensed Product shall at all times remain the exclusive property of Licensor or other owner identified in the documentation. You agree to use the Licensed Product strictly in accordance with this Agreement. You will not loan, rent, sub-licence or distribute any part of the Licensed Product to persons not licensed under this Agreement through public networks or otherwise. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Licensed Product remain intact and clearly legible. You may transfer all your licence under this Agreement to another person, provided you delete all copies and cease further use. If you wish to transfer your licence, please contact us via the client area.
Modifications to the Software
You are able to modify the software to suit your needs as full source code is provided. You are also permitted to let a developer / developers access your installation of the software for the purpose of modifying it to your needs.
Developers are permitted to release modifications to our product (paid or free) either as details on what code the user should change, addition of files to the software or both. Additional files MUST NOT contain any source code that came with the software unless you gain our permission to do so. Any released code MUST NOT be encrypted or encoded. It should be fully source viewable. Any developers releasing encrypted or encoded modifications will have their licence(s) instantly revoked without refund and we will also refuse to provide support to any user of our software who adds encrypted or encoded modifications to their software installation. We do not guarantee to support any 3rd party modifications but we will attempt to fix problems wherever possible as long as the previous rule is not broken.
Product Updates
After purchasing our software, you get free updates for a period of twelve (12) months. After this, you will be required to purchase an updates renewal pack. Further details about this are available on our website.
Product Support
Support for our product is based on a points system. You purchase a certain amount of support points which gains you so much time with a technical support representative. Details on pricing for support points are available on our website. Technical support points are non-refundable. Some technical support points will be given free if you purchased the product directly from us. Please see our site for more details. If you purchased from one of our resellers, you can either purchase technical support points of us or you can contact them to gain technical support (if offered).
Warranty
The Licensed Product itself and any Product Support are provided strictly on an "as is" and "as available" basis without any express or implied warranty, guarantee or other assurance of quality, conformity with specifications, reliability or functionality. You accept all risk for the suitability, performance or non-performance of the Licensed Product.
We will not be liable for any damages including lost profits, lost savings or any consequential damages arising from the use of our software.
Licence Terms and Termination
This licence agreement takes effect upon your use of the software and remains effective until terminated. Craig Brass Systems retains the right to terminate your licence to use the software at any time, if in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement unless you have purchased the copyright removal service. You may terminate it at any time by destroying all copies of the software and Documentation in your possession, subject to the other terms in this paragraph. You agree, on termination of this licence, to destroy all copies of the Software and Documentation in your possession. If you continue to use the software after Craig Brass Systems gives you written notice of termination of your licence, you hereby agree to accept an injunction to enjoin you from its further use, and to pay all costs, including reasonable legal fees, to enforce Craig Brass Systems’ revocation of your licence, and any damages suffered by Craig Brass Systems because of your misuse of the "Product".