License Agreement and Hosting End User License Agreement
License Agreement. This License Agreements lets the Licensee access installed product for (1) domain or (1) site, on one (1) windows application server. Licensee can use their own logos, colors and marks with the application; however ALL OF OUR COPYRIGHT NOTICES MUST REMAIN VISIBLE. YOU CANNOT RESELL, RENT, RELICENSE OR LEASE THIS APPLICATION without specific written permission from Net Solutions North America, LLC. Doing so without our written permission will result in legal prosecution.
For any question regarding the licensing terms for any of the below listed products, please contact us.
Ultra Internet Solution (UIS) Basic, Pro or Association Editions (versions 1.0 - 5.x)
Add on Modules for the UIS application including but not limited to:
EZ Shopping Cart (versions 1.0 - 5.x)
Elegant Image Gallery (versions 1.0 - 5.x)
Content Rotator (versions 1.0 - 5.x)
Banner Manager (versions 1.0 - 5.x)
Campaign Manager (versions 1.0 - 5.x)
Classified Ads Manager (versions 1.0 - 5.x)
Events Calendar (versions 1.0 - 5.x)
Event & Registration Manager (versions 1.0 - 5.x)
FAQ Manager (versions 1.0 - 5.x)
Forms Builder (versions 1.0 - 5.x)
Mailer Lite (versions 1.0 - 5.x)
Membership Manager (versions 1.0 - 5.x)
MiniSites (versions 1.0 - 5.x)
Multi-user Admin (versions 1.0 - 5.x)
News Manager (versions 1.0 - 5.x)
Scroller Gallery (versions 1.0 - 5.x)
Section Page Manager (versions 1.0 - 5.x)
Secure User Manager (versions 1.0 - 5.x)
Slide Show Gallery (versions 1.0 - 5.x)
Survey Manager (versions 1.0 - 5.x)
Tabs Menu Manager (versions 1.0 - 5.x)
Testimonials Manager (versions 1.0 - 45.x)
Document Management System (versions 1.0 - 5.x)
Forum (version 1.0)
Help Desk (version 1.0)
Installation on one (1) domain for one (1) site and a perpetual license to use the Administrative functions of the application for a maximum number of ten (10) Administrative Users.
NET SOLUTIONS NORTH AMERICA, LLC SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a business entity) and NET SOLUTIONS NORTH AMERICA, LLC ("NSNA") for the ProFusion Products software product(s) identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is owned and copyrighted by NET SOLUTIONS NORTH AMERICA, LLC and its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. NSNA's third party suppliers may protect their rights in the event of any violation of these License Terms.
INTRODUCTION. The SOFTWARE PRODUCT is comprised of any or all of the following components:
(i) the core file components, (ii) ProFusion Products' Database Scripts, (iii) ProFusion Products' Database Schema, (iv) ProFusion Products' Database Stored Procedures, (v) ProFusion Products' Image Files, (vi) ProFusion Products' Documentation, (vii) ProFusion Products'Online Documentation.
This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components. The following terms govern your use of the specified SOFTWARE PRODUCT unless you have a separate written agreement with NSNA.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Standard Use. You may install and use one (1) copy of the SOFTWARE PRODUCT on a single server for a single company. The number of Management Groups allowed appears at the beginning of this EULA, if applicable. The number of Administrative Accounts allowed appears at the beginning of this EULA, if applicable. You must disclose and reveal to NET SOLUTIONS NORTH AMERICA, LLC the name, IP address and location of the server on which the SOFTWARE PRODUCT will be installed and used. Installation and/or use of the software on any server not provided by NET SOLUTIONS NORTH AMERICA, LLC requires the payment of a one-time third-party hosting license. "Use" means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT. Third-party hosting fees are published in the current ProFusion Products Price List and are subject to change.
Modification Use. NET SOLUTIONS NORTH AMERICA, LLC grants you a non-exclusive, limited license, subject to the modification requirements below, to modify the SOFTWARE PRODUCT. Neither the SOFTWARE PRODUCT nor the modified SOFTWARE PRODUCT shall be made available for sale, resale, distribution or publication under any circumstances except through written permission of NET SOLUTIONS NORTH AMERICA, LLC. NET SOLUTIONS NORTH AMERICA, LLC will not offer technical support for any modified SOFTWARE PRODUCT unless NSNA has been paid to modify the software and CLIENT has purchased a separate support or maintenance agreement. NET SOLUTIONS NORTH AMERICA, LLC will not offer upgrades for modified SOFTWARE PRODUCT(s).
Modification Use Requirements. Software Product. If you exercise the modification rights described above, you agree to: (a) only exercise the modification rights described above on the SOFTWARE PRODUCT installed on the server registered with NET SOLUTIONS NORTH AMERICA, LLC for use of the SOFTWARE PRODUCT; (b) limit the modified SOFTWARE PRODUCT to the same parameters (number of computers (servers), number of Management Groups, number of Administrative Accounts) specified in this license agreement; (c) not use NET SOLUTIONS NORTH AMERICA LLC's name, logo, or trademarks to identify the modified SOFTWARE PRODUCT without NET SOLUTIONS NORTH AMERICA LLC's written permission; (d) reproduce and maintain all NET SOLUTIONS NORTH AMERICA, LLC copyright notices in the original SOFTWARE PRODUCT on all adaptations; and (e) indemnify, hold harmless, and defend NET SOLUTIONS NORTH AMERICA, LLC from and against any claims or lawsuits, including attorney's fees, that arise or result from use of the modified SOFTWARE PRODUCT; (f) not disable any licensing control features of the SOFTWARE PRODUCT; (g) Not modify, alter or reverse-engineer any of the Software Product files.
Image Files. If you use any of the Image Files, you agree to: (a) not use the Image Files to disparage NSNA, its products or services or for promotional goods or for products which, in NSNA's sole judgment, may diminish or otherwise damage NET SOLUTIONS NORTH AMERICA LLC's goodwill in the SOFTWARE PRODUCT including but not limited to uses which could be deemed under applicable law to be obscene or pornographic, uses which are excessively violent, unlawful, or which purpose is to encourage unlawful activities; (b) not use the Image files to imply NSNA's sponsorship, endorsement or approval of your SOFTWARE PRODUCT modification, service or content provided by your company; (c) not alter the Image Files in any way; and (d) not combine the Image Files with any other object, including, but not limited to, other logos, words, graphics, photos, slogans, numbers, design features or symbols.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Support Services. NET SOLUTIONS NORTH AMERICA, LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). All support services will be provided either by e-mail or phone for a specified time period starting the same day that the SOFTWARE PRODUCT is supplied. Any supplemental software code or alteration in database schema provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to NET SOLUTIONS NORTH AMERICA, LLC as part of the Support Services, NET SOLUTIONS NORTH AMERICA, LLC may use such information for its business purposes, including for product support and development. NET SOLUTIONS NORTH AMERICA, LLC will not utilize such technical information in a form that personally identifies you.
License Term Verification. NET SOLUTIONS NORTH AMERICA, LLC reserves the right to check all licensees to verify compliance with this EULA. In order to verify this compliance, you understand and acknowledge that the SOFTWARE PRODUCT may collect and send back information to NET SOLUTIONS NORTH AMERICA, LLC about the location where the SOFTWARE PRODUCT has been installed. This information is entirely restricted to the IP address where the SOFTWARE PRODUCT is installed, no other information will be collected or sent back to NET SOLUTIONS NORTH AMERICA, LLC.
Confidential Information. The term "Confidential Information" means any information or material, which is proprietary to NET SOLUTIONS NORTH AMERICA LLC, whether or not owned or developed by NET SOLUTIONS NORTH AMERICA LLC, which is not generally known other than by NET SOLUTIONS NORTH AMERICA LLC or ProFusion Products, and which you have obtained through NET SOLUTIONS NORTH AMERICA LLC. Confidential Information includes without limitation: trade secrets, technical information, product design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE PRODUCT.
Protection of Confidential Information. You understand and acknowledge that the Confidential Information associated with the SOFTWARE PRODUCT has been developed or obtained by NET SOLUTIONS NORTH AMERICA, LLC by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of NET SOLUTIONS NORTH AMERICA LLC, which provides NET SOLUTIONS NORTH AMERICA, LLC with a significant competitive advantage, and needs to be protected from improper disclosure. You agree to hold in confidence and to not disclose the Confidential Information to any person or entity, except those who are required to have access to the Confidential Information in order to perform their job duties in connection with the limited purposes of this agreement.
Limitations 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.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NET SOLUTIONS NORTH AMERICA, LLC.
4. TERMINATION. Without prejudice to any other rights, NET SOLUTIONS NORTH AMERICA, LLC 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 SOFTWARE PRODUCT and all of its component parts.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, the accompanying "online" materials, and any copies of the SOFTWARE PRODUCT are owned by NET SOLUTIONS NORTH AMERICA, LLC or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed or "online materials accompanying the SOFTWARE PRODUCT.
6. LIMITED WARRANTY. NET SOLUTIONS NORTH AMERICA, LLC guarantees that: (a) during a time period of ninety (90) days starting at the same date of the SOFTWARE PRODUCT acquisition, the SOFTWARE PRODUCT will work and operate conforming to the terms and conditions of the provided documentation, and that (b) any technical support supplied by NET SOLUTIONS NORTH AMERICA, LLC will be provided according to this EULA. NET SOLUTIONS NORTH AMERICA, LLC will be either in position to (a) repair the SOFTWARE PRODUCT or (b) replace the SOFTWARE PRODUCT. The SOFTWARE PRODUCT replacement will be guaranteed during the rest of the original warranty time period or during thirty (30) days, choosing from both periods the larger one. The present warranty will be terminated if the SOFTWARE PRODUCT fails as result of an accident, abuse, misuse or is not hosted on NET SOLUTIONS NORTH AMERICA, LLC's hosting environment.
7. NO OTHER WARRANTIES. Products applications are provided on an "as is" basis, without any other warranties or conditions, express or implied to the maximum extent permitted by applicable law, NET SOLUTIONS NORTH AMERICA, LLC and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise, title and non-infringement, with regard to the software product, and the provision of or failure to provide support services. The entire risk as to the results of the applications provided or their use is assumed by the licensee.
8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall NET SOLUTIONS NORTH AMERICA, LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if NET SOLUTIONS NORTH AMERICA, LLC has been advised of the possibility of such damages or they are foreseeable. NET SOLUTIONS NORTH AMERICA LLC is also not liable for any claims made by any third party. NET SOLUTIONS NORTH AMERICA LLC's maximum aggregate liability to licensee shall not exceed the cost paid by licensee to purchase the SOFTWARE PRODUCT.
9. ALL SALES ARE FINAL. When you purchase the SOFTWARE PRODUCT you are acquiring the application data files and digital information required to store these data files. The SOFTWARE PRODUCT sale is final. NET SOLUTIONS NORTH AMERICA, LLC under no circumstances will be in the obligation of returning the amount paid for the SOFTWARE PRODUCT.
10. MISCELLANEOUS. Wherever you acquire this software your local law may apply. Licensee upon access of the ProFusion UIS Administrator Control panel is agreeing to the EULA and agrees to be bound by the full intent of the EULA.
If you are interested in additional information on licensing or use of ProFusion Products, please contact NET SOLUTIONS NORTH AMERICA, LLC at http://www.netsolutionsna.com or http://profusionproducts.com. Should you have any questions concerning this EULA, or if you desire to contact NET SOLUTIONS NORTH AMERICA, LLC for any reason, please e-mail us at firstname.lastname@example.org or write to:
NET SOLUTIONS NORTH AMERICA, LLC.
1855 Main Street, Suite 201
Ferndale, WA 98248
Hosting End User License Agreement
Net Solutions North America, LLC (dba, ProFusionProducts.com) Hosting End-user License Agreement (EULA)
In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. TERMS OF SERVICE. ProFusionProducts.com (PFP) provides its email, site statistics and hosting services to the end user or subscriber ("you", "your"), subject to the terms of service ("TOS") set out in this agreement, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.profusionproducts.com/content/eula/eula.asp. In addition, when using particular PFP services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
(a) Your payment obligations with regard to PFP services are as set out in your subscription application. Payments for hosting services include one of the following options: one (1) annual payment, four (4) quarterly payments or twelve (12) monthly payments.
(b) PFP currently provides users with access to hosting and email services with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that neither PFP nor its suppliers assume responsibility for the timeliness, deletion, misdelivery, non-delivery, failure to store or accurately store, any user communications, addresses or personalization settings.
(c) You are responsible for obtaining access to the Service and that access may involve fees to PFP or third party fees (such as Internet subscription services or airtime charges).
(d) You must provide and are responsible for all equipment necessary to access the Service.
3. CERTAIN SUBSCRIPTION OBLIGATIONS. You agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form ("Subscription Data"); and
(b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PFP or its suppliers have reasonable grounds to suspect this, PFP or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), including any transition rights. PFP is concerned about the safety and privacy of all its users, particularly minors. For this reason, if you wish to allow anyone else access to the Service, you should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing anyone access, means s/he will be able to access all components of the Service. As the subscriber, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below), which may be delivered to you, are appropriate for any person to whom you allow access.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You may receive a password and account login designation upon completing the Service's subscription process. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to
(a) Immediately notify PFP of any unauthorized use of your password or account or any other breach of security, and (if applicable); and
(b) Exit (log out) from your account at the end of each session. PFP, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, by you or others using your account are your responsibility. You, and not PFP, are entirely responsible for all content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. PFP does not control the content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such content for any particular viewer. By using the Service, you may be exposed to content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will PFP or its suppliers be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use or viewing of any content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use (or permit others to use) the Service to:
(a) send, post, email, transmit or otherwise make available (collectively "send") any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(e) send any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);
(f) send any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
You acknowledge receipt and acceptance of PFP's hosting EULA by accessing your website admin control panel, use of PFP email, or accessing your PFP site statistics if provided by your subscription application.
The following policy dictates the manner in which ProFusionProducts.com and/or any other hosting arm of Net Solutions North America, LLC collects and uses information gathered from users of this (each, a "User").
Users' privacy is extremely important to PFP and we are committed to safeguarding the information you entrust to us. PFP will not disclose information about customers or users without express permission unless the release of said information is required by government subpoena.
Information Collection Practices
PFP may collect personally identifiable information from Users in a variety of ways, including through online forms and other instances where Users are invited to volunteer such information. PFP may also collect information about how Users interact with our website. This information is obtained through analysis of server logs and through the use of "cookies" placed on user machines. A cookie is a piece of software that a Web server can store on a PC to identify the User should they visit the again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our website.
PFP may use personally identifiable information collected through our website to contact Users regarding products and services offered by PFP and its trusted affiliates. PFP may also use information collected through our website for research regarding the effectiveness of the marketing, advertising and sales efforts of ProFusionProducts.com, and its trusted affiliates.
ProFusionProducts.com will not disclose information about customers or users without express permission unless the release of said information is required by a ProFusionProducts.com trusted affiliate to facilitate action requested by the client, or is required by government subpoena. However, we may transfer information collected from Users in connection with a sale of ProFusionProducts.com or Net Solutions North America, LLC business.
Net Solutions North America, LLC
1855 Main Street, Suite 201
PO Box 747
Ferndale, WA 98248