End User License Agreement
This End User License Agreement (EULA)
is a CONTRACT between you (either an individual or a single
entity) and ILance ("ILance Inc."), which covers your
use of the ILance software product that accompanies this
EULA and related software components, which may include
associated media, printed materials, and "online"
or electronic documentation. All such software and materials
are referred to herein as the "Software Product."
A software license, issued to a designated license holder only by
ILance or its authorized agents, is required for by the license holder
of the Software Product. If you do not agree to the terms
of this EULA, then do not install or use the Software Product
or the Software Product License. By explicitly accepting
this EULA, however, or by installing, copying, downloading,
accessing, or otherwise using the Software Product and/or
Software Product License, you are acknowledging and agreeing
to be bound by the following terms:
1. Grant of Non-Exclusive License
(a) Software Product
License. The Software Product License, which is issued to
a designated license holder, enables such designated license holder to use the
Software Product on a computer system operating on
one or more domain names connecting to as many databases as the Software Product license plan is limited to.
You may modify the software files with
the purchase of the open source code, but can not under
any circumstance create derivative copies of the Software
Product files or associated software product license.
(b) Grant of License.
Subject to a validly issued Software Product License, ILance
grants to you the non-exclusive right for you to use the
Software Product running a validly
licensed copy. You may modify the software with the purchase of the open source code, but can not
under any circumstance create derivative copies of the Software
All rights not expressly granted to
you are retained by ILance.
(c) Backup Copy:
Software Product. You may make copies of Software Product
as reasonably necessary for the use authorized above, including
as needed for backup and/or archival purposes. Each copy must reproduce all copyright
and other proprietary rights notices on or in the Software
2. Intellectual Property Reserved by ILance
The Software Product is protected
by U.S, CANADA, and international copyright laws and treaties,
as well as other intellectual property laws and treaties.
You must not remove or alter any copyright notices on any
copies of the Software Product unless a certified "Brand Removal" authorization service has been purchased. In the event that a "Branding Removal" authorization service is purchased, you cannot alter or remove the core copyright statements within the supplied PHP software code.
This Software Product copy
is licensed, not sold. Furthermore, this EULA does not grant
you any rights in connection with any trademarks or service
marks of ILance. ILance reserves all intellectual property
rights, including copyrights, and trademark rights including clients that purchase a "Brand Removal" authorization service.
3. License Transfer
The original licensee of the software may move forward with a "one-time" permanent transfer of the software license rights to a third party. Some conditions must be met:
- The license is not expired and has at least 60 days left before it becomes expired
- The original license was purchased at least 90 days prior to the transfer
- The new licensee must pay a one-time transfer fee of $99 to ILance Inc. for the handling and account update process.
- The new licensee must agree and adhere to this EULA agreement
4. Support Services
ILance may provide you with support
services related to the Software Product. Use of any such
support services is governed by the ILance polices and programs
described in "online" documentation and/or other
ILance-provided materials. Any supplemental software code
or related materials that ILance provides to you as part
of the support services is to be considered part of the
Software Product and is subject to the terms and conditions
of this EULA. With respect to any technical information
you provide to ILance as part of the support services, ILance
may use such information for its business purposes without
restriction, including for product support and development.
ILance will not use such technical information in a form
that personally identifies you.
5. Termination Without Prejudice to any Rights
ILance may terminate this EULA if
you fail to comply with any terms or conditions of this
EULA. In such event, Licensee agrees to destroy all copies of the Software Product upon termination
of the license.
You agree to release, defend, indemnify and hold harmless
ILance and its contractors, agents, employees, offices,
directors, shareholders and affiliates from and against any
losses, damages or costs, including reasonable attorney's
fees, resulting from any claim, action, proceeding suit or
demand arising out of or related to your use of the services provided by ILance. Should
ILance be notified of a pending law suit, or receive notice
of the filing of a law suit, ILance may seek a written
confirmation from you concerning your obligation to indemnify
ILance. Your failure to provide such a confirmation may be
considered a breach of this agreement.
7. No Warranties
YOU ACCEPT THE SOFTWARE PRODUCT AND
SOFTWARE PRODUCT LICENSE "AS IS," AND ILANCE (AND
ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY
AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ILANCE (AND ITS THIRD
PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS,
WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OR CONDITIONS OF SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE PRODUCT REMAINS WITH YOU.
8. Non-Refund Policy
ILANCE OPEN SOURCE SOFTWARE
CANNOT BE REFUNDED UNDER ANY CIRCUMSTANCES UPON THE FINANCIAL
SETTLEMENT OF THE SOFTWARE PRODUCT.
9. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES, CONSULTANTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY, INCLUDING ATTORNEYS' FEES, UNDER THIS AGREEMENT EXCEED THE FEES PAID TO "ILANCE INC." CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Governing Law; Entire Agreement
This EULA is governed by the laws
of the Commonwealth of Ontario, CANADA., excluding the application
of its conflict of law rules. The United Nations Convention
for the International Sale of Goods shall not apply. This
EULA is the entire agreement between us and supersedes any
other communications or advertising with respect to the
Software Product; this EULA may be modified only by written
agreement signed by authorized representatives of you and
Last updated: June 18, 2017