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BASKWEB LICENSE AGREEMENT 1.1 - August 4, 2008

 

Terms and Conditions

 

2.1 Definitions

 

The "SOFTWARE PRODUCT" is all files included with the BaskWeb system.  The "SOFTWARE PRODUCT" also includes the BaskWeb logo and the "look and feel" of any page produced via BaskWeb or included with the BaskWeb system. The provisions of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT."

 

The "LICENSEE" is the individual who downloads, uses or receives the SOFTWARE PRODUCT.

 

"MCCUTCHEN ENTERPRISES" is McCutchen Enterprises, LLC.. of Howell, Michigan; DBA BaskWare, DBA BaskWeb, DBA GoZippa, which is the OWNER of the SOFTWARE PRODUCT.

 

"SHANE MCCUTCHEN" is the sole author and sole copyright owner of the "SOFTWARE PRODUCT".

 

"PLAN" or "PLANS" is the Starter, Basic, Platinum and Enterprise packages offered from BaskWeb.

 

2.2 Application of License

 

By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE PRODUCT onto any computer, or by using the SOFTWARE PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms of this License Agreement.

 

The LICENSEE is responsible for ensuring that the terms of the License Agreement are upheld and the LICENSEE is responsible for any violations of the License Agreement whether or not the LICENSEE authorized the infringements of the License Agreement.

 

2.3 Permitted Uses

 

Provided that any required LICENSE FEES have been paid, this License Agreement allows the LICENSEE to use the SOFTWARE PRODUCT for the purpose of running an e-commerce internet based store.

 

2.4 Limited Warranty and Refund Policy

 

MCCUTCHEN ENTERPRISES will not offer any refunds for products or services.  ALL SALES ARE FINAL.  In no case shall MCCUTCHEN ENTERPRISES be responsible for refunding any LICENSE FEES, regardless of the reason for termination of this License Agreement.

 

In no case shall the liability of MCCUTCHEN ENTERPRISES exceed the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if LICENSE FEES have not been paid by the LICENSEE.

 

The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in high-risk activities in any environment where the SOFTWARE PRODUCT could lead to injury or death. MCCUTCHEN ENTERPRISES specifically disclaims any warranties, express implied, of fitness for high-risk activities.

 

In no event shall MCCUTCHEN ENTERPRISES be liable for any damages in excess of LICENSE FEES paid (including without limitation, special, direct, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of information, loss of data, and any other pecuniary loss) arising from the installation or any use of this SOFTWARE PRODUCT.

 

In no event shall MCCUTCHEN ENTERPRISES be liable or accountable for the LICENSEE domain name(s).  This includes registration, renewal, and transfers.   The LICENSEE assumes all responsibility for any events involving domain names.

 

The LICENSEE voids this limited warranty by performing any of the following actions:

      

1.  Breaching any portion of this License Agreement.

 

2. Failing to promptly register the implementation of the SOFTWARE PRODUCT with MCCUTCHEN ENTERPRISES following its implementation.

 

3. Deleting or moving (intentionally or inadvertently) any file provided with, created by, or used by the SOFTWARE PRODUCT.

 

4. Failing to meet the system requirements for the LICENSEE'S server as stated on the BaskWeb download page for the version of the SOFTWARE PRODUCT that the LICENSEE is attempting to install.

 

5.  Failing to pay required LICENSE FEES in a timely manner for the LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE not only voids the limited warranty, but also breaches this License Agreement and is also subject to other provisions of this License Agreement.

 

2.5 Site Use and Content

 

The LICENSEE alone, not MCCUTCHEN ENTERPRISES, bears the entire responsibility for the content of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as part of that internet site. In no way shall MCCUTCHEN ENTERPRISES be liable or responsible for the content of any LICENSEE'S site, including but not limited to any data created by users of the SOFTWARE PRODUCT.

 

2.6 Termination

 

In no case shall MCCUTCHEN ENTERPRISES be responsible for paying to the LICENSEE or anyone else any amount of money, even if the termination of the license diminishes or eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no case shall MCCUTCHEN ENTERPRISES be responsible for refunding any LICENSE FEES, regardless of the reason for termination of this License Agreement.

 

2.7 Cancellation Policy

 

The LICENSEE must submit in writing to MCCUTCHEN ENTERPRISES that the LICENSEE would like to terminate the service.  Basic, Platinum and Enterprise Plans for 1 month, 3 month and 12 month contracts are all included in this policy.  Should the LICENSEE submit a cancellation notice prior to the END of their contract period (1, 3 or 12 months), the LICENSEE will assume all responsibility of this cancellation and forfeit any unused months on the contract.  No refunds or prorated amounts will be issued to the LICENSEE from MCCUTCHEN ENTERPRISES under any circumstances.

 

2.8 Billing

 

MCCUTCHEN ENTERPRISES will automatically renew the subscription of the LICENSEE's current PLAN if not cancelled 15 days prior to the END of  the LICENSEE's contract period (monthly, quarterly or annual PLAN).   MCCUTCHEN ENTERPRISES will use the LICENSEE's credit card on file to execute the renewal of service.  The renewal will be identical to the current PLAN, length of contract and price.  if the PLAN pricing changes, MCCUTCHEN ENTERPRISES will notify the LICENSEE prior to executing the renewal to receive authorization.

 

2.9 Jurisdiction

 

This License Agreement is governed by the laws of the State of Michigan. Both the LICENSEE and MCCUTCHEN ENTERPRISES submit to the jurisdiction of the courts of the State of Michigan. Both the LICENSEE and MCCUTCHEN ENTERPRISES agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Livingston County in the State of Michigan.


THIS SOFTWARE IS PROVIDED BY THE BASKWEB DEVELOPMENT TEAM ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL MCCUTCHEN ENTERPRISES OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


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