Commercial License

Usage

The license entitles you to use the Software on a single primary domain and in a local development and client staging environment. Sub domain use is ok if the sub domain:

  • is a alternate language clone of the primary domain ie: http://en.mysite.com or http://it.mydomain.com
  • supporting content of the primary domain ie: http://help.mysite.com or http://faqs.mysite.com
  • If you're unsure contact us for clarification.

Restrictions

Unless you have been granted prior, written consent from JoshLockhart.com, you may not:

  • Reproduce, distribute, or transfer the Software, or portions thereof, to any third party.
  • Sell, rent, lease, assign, or sublet the Software or portions thereof.
  • Grant rights to any other person.
  • Use the Software in violation of any United States or international law or regulation.

Refunds

Full refunds are available within 30 days of purchase if you're not satisfied.

Display of Copyright Notices

All copyright and proprietary notices and logos in the Control Panel and within the Software files must remain intact.

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEWISM PTY LTD. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

Limitations of Liability

YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

Governing Law

THIS AGREEMENT AND ANY SALE HEREUNDER WILL BE GOVERENED BY THE LAWS OF THE STATE OF NORTH CAROLINA IN THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION, OR LITIGATION MUST BE BROUGHT IN NORTH CAROLINA IN THE UNITED STATES OF AMERICA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NORTH CAROLINA IN THE UNITED STATES OF AMERICA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT NIMBLEHOST'S AGREEMENT TO SELL AND DELIVER THE LICENSED MATERIAL AND/OR SERVICES TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.