EULA

 

*** END USER LICENSE AGREEMENT ***

 

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

  1. LICENSE

 

By receiving, opening the file package, and/or using SiteAttention Plugin ("Software") containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

 

Unless you have a different license agreement signed by SiteAttention A/S your use of SiteAttention Plugin indicates your acceptance of this license agreement and warranty.

 

Subject to the terms of this Agreement, SiteAttention A/S grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SiteAttention Plugin in accordance with this Agreement and any other written agreement with SiteAttention A/S. SiteAttention A/S does not transfer the title of SiteAttention Plugin to you; the license granted to you is not a sale. This agreement is a binding legal agreement between SiteAttention A/S and the purchasers or users of SiteAttention Plugin.

 

If you do not agree to be bound by this agreement, remove SiteAttention Plugin from your Content Management System now and, if applicable, promptly return to SiteAttention A/S by mail any copies of SiteAttention Plugin and related documentation in your possession.

 

  1. DISTRIBUTION

 

SiteAttention Plugin and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed. For information about redistribution of SiteAttention Plugin contact SiteAttention A/S.

 

  1. USER AGREEMENT

 

3.1 Use

 

Your license to use SiteAttention Plugin is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of SiteAttention Plugin.

 

3.2 Use Restrictions

 

You shall use SiteAttention Plugin in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of SiteAttention Plugin together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

 

Each licensed copy of SiteAttention Plugin may be used with your company. Use of SiteAttention Plugin means that you have loaded, installed, or run SiteAttention Plugin on your Content Management system.

The assignment, sublicense, networking, sale, or distribution of copies of SiteAttention Plugin are strictly forbidden without the prior written consent of SiteAttention A/S. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of SiteAttention Plugin. If any person other than employees of your company uses SiteAttention Plugin registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

 

3.3 Copyright Restriction

 

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SiteAttention Plugin. Nor can you create any derivative works or other works that are based upon or derived from SiteAttention Plugin in whole or in part.

 

SiteAttention A/S's name, logo and graphics file that represents SiteAttention Plugin shall not be used in any way to promote products developed with SiteAttention Plugin. SiteAttention A/S retains sole and exclusive ownership of all right, title and interest in and to SiteAttention Plugin and all Intellectual Property rights relating thereto.

 

Copyright law and international copyright treaty provisions protect all parts of SiteAttention Plugin, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for SiteAttention A/S.

 

3.4 Limitation of Responsibility

 

You will indemnify, hold harmless, and defend SiteAttention A/S, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SiteAttention A/S's Software.

 

In no event (including, without limitation, in the event of negligence) will SiteAttention A/S , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SiteAttention Plugin  or the use or inability to use SiteAttention Plugin  or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

 

SiteAttention A/S's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by SiteAttention A/S) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to SiteAttention A/S.

 

3.5 Warranties

 

Except as expressly stated in writing, SiteAttention A/S makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

 

3.6 Governing Law

 

This Agreement shall be governed by the law of the Denmark applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Denmark therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

 

3.7 Termination

 

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SiteAttention Plugin and destroy all copies of SiteAttention Plugin supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

 

  1. DISCLAIMER OF WARRANTY

 

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SiteAttention Plugin AS WELL.

 

  1. CONSENT OF USE OF DATA

 

You agree that SiteAttention A/S may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to SiteAttention Plugin. SiteAttention A/S may also use this information to provide notices to you which may be of use or interest to you.