END USER LICENSE AGREEMENT
This copy of wpxten plugin (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. wpxten Inc or its subsidiaries, affiliates, and suppliers (collectively “wpxten”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use the Software on only 1 (one) website/domain at any one time.
Restrictions on Transfer
Without first obtaining the express written consent of wpxten, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on systems with more than one (1) website/domain, or permit the use, copying, or installation of the Software Product by more than one user or on more than 1 (one) website/domain. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of websites/domains permitted by license, or permit the use, copying, or installation by more users, or on more websites/domains than the number permitted by the license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not copy any parts of the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
You may not resell any parts of the Software Product.
You may not use the Software Product as part of the software as a service.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Software Product Warranty
For a period of 180 days from the date of shipment or from the date that you download the Software Product, as applicable, wpxten warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY wpxten, wpxten MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
wpxten makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. wpxten makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. wpxten WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL wpxten, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF wpxten OR ANY OTHER PARTY, EVEN IF wpxten IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS wpxten’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Collection of your Personal Information
wpxten may collect personally identifiable information, such as your name. If you purchase wpxten’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. wpxten may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
Information about wpxten products usage, your computer hardware and software may be automatically collected by wpxten. This information can include, but not limited to your IP address, access times. This information is used for the operation of the service, to maintain a quality of the service, and to provide general statistics regarding use of the wpxten products.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through wpxten’s public message boards, this information may be collected and used by others.
Use of your Personal Information
wpxten collects and uses your personal information to operate its product(s) and deliver the services you have requested.
wpxten may also use your personally identifiable information to inform you of other products or services available from wpxten and its affiliates. wpxten may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of wpxten. wpxten reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If wpxten is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by wpxten to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold wpxten harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction, and Costs
This Agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Changes to Terms
wpxten reserves the right, in its sole discretion, to change the Terms under which https://wpxten.com is offered. The most current version of the Terms will supersede all previous versions. wpxten encourages you to periodically review the Terms to stay informed of our updates.
wpxten welcomes your questions or comments regarding the Terms:
1303 SE 30th Ter
Cape Coral, Florida 33904, USA
Effective as of September 26, 2016