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, please contact us

ProFusion Ultra Internet Solution (UIS) (versions 1.0 – 3.7)
ProFusion UIS Shopping Cart (versions 1.0 – 3.7)
ProFusion UIS Elegant Image Gallery (versions 1.0 – 3.7)
ProFusion UIS Content Rotator (version 1.0 – 3.7)

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. "Use" means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT.

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 NA's name, logo, or trademarks to identify the modified SOFTWARE PRODUCT without NSNA’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.

NET SOLUTIONS NORTH AMERICA, LLC 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 NSNA’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 NA.

Confidential Information. The term "Confidential Information" means any information or material, which is proprietary to NSNA, whether or not owned or developed by NSNA, which is not generally known other than by NSNA or ProFusion Products, and which you have obtained through NSNA. 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 NSNA, 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 or misuse.

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. NSNA is also not liable for any claims made by any third party. NSNA’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 info@netsolutionsna.com or write to:

NET SOLUTIONS NORTH AMERICA, LLC.
2801 Meridian Street, Suite 201
Bellingham, WA 98225
USA
360-738-8188

Hosting End User License Agrement