End-User License Agreement (EULA) For ViewShark Software Product(s)
ViewShark Software License For One (1) WebSite / One (1) DomainPLEASE READ: BY PURCHASING, DOWNLOADING AND USING OUR SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between ViewShark and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download or install the software.
PROPRIETARY RIGHTS AND CONDITIONS
All rights, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, php, css, java, asp, aspx, dll, graphic/image, and text files) are owned by ViewShark. Such rights are protected by U.S, CANADA, and international copyright laws and treaties, as well as other intellectual property laws and treaties. ViewShark retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “css”, “html” containers, and by replacing image/graphic files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from ViewShark. Any text or link references to ViewShark may not be removed, unless the appropriate service has been ordered. ViewShark reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.
LICENSES
Each copy of the software must have it’s own (separate) (domain) license and be registered with ViewShark. A multi-domain license can be purchased and you may install the software on additional domains/servers you own. The ViewShark staff can assist you with installing and configuring up to 3 servers you own. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. Individual software licenses are only valid when registered to a domain/url. This license does not grant any reseller privileges.
DISCLAIMER OF WARRANTIES
To the extent allowed by local law, this software is provided to you “as is” without warranties or conditions of any kind, whether oral or written, express or implied. ViewShark specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
LIMITATION OF LIABILITY
Except to the extent prohibited by local law, in no event will ViewShark, or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
RETURN POLICY
Please take time and evaluate the software using our online demo. Complete source code is shipped with the software, the digital nature of the product makes it non-returnable; therefore all sales are final. Software (including but not limited to all html, php, css, java, asp, aspx, graphic/image, and text files) cannot be returned for a refund. Should you experience a problem with any purchased software, ViewShark offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
SUPPORT SERVICES
Some software and services purchased from ViewShark may include free support (technical support, re-downloads, and free updates). Unless stated otherwise, the free support is only available through our website’s members area and website’s support forum. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, log in to your ViewShark Helpdesk account, send us an email or access the forum.
INSTALLATION
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. ViewShark does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to ViewShark) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
GENERAL DISCLAIMER
ViewShark neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. ViewShark, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
DATA SHARING
Any collected data and/or analytics is and will remain the property of ViewShark. Such data will not be used for other purposes or studies and will not be provided by ViewShark to other third parties without written permission from the license owners, unless required by law or other legal entities in a legally binding manner.
GOVERNING LAW; ENTIRE AGREEMENT
This instrument contains the entire Agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained.
CONTACT DETAILS
If you have any questions about this EULA, or would like to contact the ViewShark team and staff, please refer to the contact information located in the website footer.
