Licence Agreement
DEFINITIONS
"Cactusoft" - Cactusoft Ltd, a company registered in England and Wales with registration number 3505291
"Parodia" - Job Board Software created by Cactusoft Ltd, including ASP scripts, html files, database and executable files.
TERMS
- The Parodia software is supplied 'AS IS'. No warranty is given either implied or expressed. Purchasers use the software entirely at their own risk. Cactusoft is not liable for any consequential loss howsoever arising caused by use of the Parodia software or other associated software including the Mail Agent. This includes, but is not limited to, damage to hardware and/or software, loss of data, loss of business or any other financial loss. Cactusoft does not seek to exclude liability where prohibited by law.
- The purchaser or their agents are permitted to make alterations to the software (except as excluded in 3 below), but the copyright of the original code remains the property of Cactusoft. Any software which uses any portion of Parodia as a base may not be resold without express written permission from Cactusoft.
- Cactusoft will supply each purchaser of Parodia with a unique license number. It is a condition of use that this number is placed in the license number field in the config.asp file. Parodia contains code to display this license number in the HTML source of the page in the format
"<!--Parodia v.X license: XXXXXX-->". It is a violation of the license to remove this code or change it. The license number must be visible in the specified format at the top of the HTML source.
- Each license entitles the purchaser to install the software on one live web site and one development machine only. A site will be considered as a live web site if pages of it can be found in search engines or accessed via public links on other sites which can be found via search engines.
- Cactusoft reserves the right to refuse any order made for products or services for any reason in which case a full refund of any card payment made for that order will be made.
- Parodia has a number of software platform requirements which are listed clearly on Parodia web site. These include Microsoft Windows NT/2000/2003/XP-Pro, Microsoft IIS4+. The database requires Microsoft Access drivers, or MS SQL 7/2000/2005 or MySQL 5+ for Windows. For sending email, support for CDOSYS, CDONTS, ASPMail, ASPEmail or Jmail must be setup and running on the web server. Some features require MS XMLHTTP 3+ support, with direct internet connection (no proxy). The above software is not supplied or supported by Cactusoft.
- Parodia is designed and tested on English versions of Windows only. We cannot possibly possess or test every non-English version of Windows and while we provide some documentation on running Parodia on them, we cannot guarantee that Parodia will run properly on such systems, neither can we guarantee to fix nor address bugs specific to non-English versions of Windows. If you do intend running the software on a non-english version of windows, please contact us before purchase so that we can agree for appropriate testing on your desired language.
- Cactusoft will not support end users of the software directly unless they are the primary account holder on our system. End users whose site license was purchased by a site developer, reseller or other third party should contact that organization or individual for support. Cactusoft will provide support for Parodia for 6 months after the purchase, or if Cactusoft is building the website, 6 months after the site is made live to the public.
- Cactusoft cannot support user modifications to the software, only the original Parodia code. Cactusoft cannot support, debug or fix problems with other software or services not provided by Cactusoft, including but not limited to, hosting, SMTP or email components, secure certificates, server or database platform. If Cactusoft is providing hosting for the website then support will extend to these third party pieces of software.
- Cactusoft's copyright messages within the code may not be removed. Copyright notices within the skin (which are visible to site visitors without viewing html source code) MAY be removed UNLESS the Parodia was sold at a discounted price in return for an agreement to include a site footer text link back to Parodia.net.
- Refunds will not be given unless. Before purchasing, the purchaser should satisfy him/herself that he/she has the expertise and experience to set up an ASP site, that the software will run on the hardware/software platform that it is intended to run on and that the software is appropriate and capable of fulfilling its required role. If in any doubt, please contact Cactusoft before purchasing. Cactusoft can supply access to an online demonstration of the software, as well as supplying coding samples and testimonials/references from other purchasers.
- Cactusoft reserves the right to contact web sites running code in violation of this license agreement and their web hosts and upstream providers directly, in addition to contacting the account holder, in order to notify them of the license breaches and request that they remedy them. In cases where the breaches are not remedied within 7 days, Cactusoft reserves the right to revoke all licenses and ongoing services on that customer account. Developers and resellers are responsible for ensuring that their end users do not breach the license agreement and should include contract provisions to ensure this. The user agrees that Cactusoft may take legal and/or technical measures to prevent illegal use of Cactusoft software.
- From time to time this license agreement may be amended. When downloading upgrades or new software, the user is acknowledging that usage of the code will be governed by the license agreement in effect at that time and not any prior license agreement that may have applied at the time of the original purchase.
- This license agreement is made between Cactusoft Ltd and the user and shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. Cactusoft Ltd may designate an agent to act on its behalf in the event of any claim. Any provisions of this agreement that are subsequently found to be void shall not render other parts of the agreement void.
06 December 2006