EULA - End User License Agreement
1. Limited usage granted:
Components: you may use each individual product with a single installation on the live site. You can also install it at the Test domain with a 100 days limited usage. You have to purchase the same product each time you create another project with the same product. For the Multisites Site Manager and Multisites Site Manager PRO there is a special license agreement included with the component.
The use of the component is not time limited. However support and upgrades are only free for one year after the order. The prolongation price is 60% of the component's price.
1B. Test domain.
For your convenience your are able to set up and use a component within 100 days on your test domain for test purposes i.e. development/showcase. In order to use this please generate license for test domain using the same instructions as for main domain.
Programs: Each of our software for install on MS Windows has its own license attached.
You are authorized to make whichever necessary modification(s) to our products to fit your purposes without prior written consent from JoomPlace. If you are going to purchase one of our product for future modification, please contact us before to clarify if any of these changes can be done without modification of the core files. Once you have changed the code we might not be able to provide you with support. Some of our components do have a Powered by JoomPlace shown in the front end. The user can remove this with a special service called 'license upgrade".
Any code changes which are required to the component for your particular needs can only be ordered as a custom development.
3. Unauthorized use:
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from JoomPlace
JoomPlace has no influence on the development of Mambo/Joomla! and Windows. All products are mostly designed for the latest version on the release of our product, but we can give no guarantee that the product will run with future versions of Mambo/Joomla and Windows.
After you proceed to checkout you will be emailed a link to your order on the Virtumart system. Once you've made your payment the status of the order will be changed from Pending to Confirmed. When this status has changed you'll be offered the opportunity to download a file which will contain the product. If you are unable to download the product then email us via the Contact Us link on this site and we will investigate the matter for you as being urgent.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from JoomPlace
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of JoomPlace Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Custom made components will be the property of JoomPlace. Customers can use the custom made component on their website but CAN NOT distribute or sell it.
8. Refund policy:
Since JoomPlace is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing any article at our site. We only make exceptions with this rule when the product appears to be not-as-described or contains obvious errors on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is 30 days after the delivery date. Be aware that some rarely used server configurations does not allow copy and writing due to file and folder permissions on the server.
All our sales are final and no refunds will be given. As all of our products are digital software, delivered instantly once payment is received it is impossible for you to return a product to use for a refund.
If you find a bug in our software, you can report it in the ticket system (use "contact us" link) and we will fix it with the update. Finding a bug is not a reason to request a refund.
We do not issue refunds if:
* You decide to change your mind
* You decide not to use our product
* You find that our product doesn't suit your needs (We have live demos available for you for most of our products before purchasing. You can also ask pre-sales questions at our Forum).
However, we understand that it is impossible for us to test our software on every platform and every configuration it may encounter on other servers. Therefore if you are unable to get our software up and running on your server in the first 30 days after purchasing the software then please contact us and we will do everything within our knowledge and experience to get our software to work on your server.
If we fail to achieve this we will happily give you a refund or exchange the product for a new product. You will need to provide us with full access to your FTP, MySQL and Joomla Admin consoles in order for us to debug and install the software, if you cant give us this access then we will not be able to give you a refund.
Refunds are only issued to the same email address & account they were originally purchased with.
Our company reserves the right to change or modify current Terms with no prior notice.
For purposes of this Site, the terms "JoomPlace," "we," or "us" will refer to JoomPlace, while the terms "you" and "your" will refer to all individuals and/or entities accessing this Site for any reason.
USE OF SOFTWARE AVAILABLE ON THIS SITE
Any software and accompanying documentation that is made available to download from this Site (collectively, "Software") is the copyrighted work of JoomPlace . Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). You must read the License Agreement and indicate your agreement to its terms before installing or using the Software. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil remedies and criminal penalties.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USE OF MATERIALS AVAILABLE ON THIS SITE
You may download, view, copy and print documents (such as white papers, press releases, datasheets, and FAQs) ("Documents") from the Site subject to the following (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents from this Site in whole or in part without the express authorization of JoomPlace.
The design or layout of the joomplace.com Site or any other JoomPlace owned, operated, licensed or controlled site is the property of JoomPlace Elements of JoomPlace's websites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any JoomPlace website may be copied or retransmitted unless expressly permitted by JoomPlace .
FEEDBACK AND INFORMATION
Any material, information or other communication you transmit to this Site will be considered non-confidential and non-proprietary, and JoomPlace will have no obligations with respect to any such material, information or communications. By uploading, emailing, posting, publishing or otherwise transmitting content to this Site or any Forum, or by submitting any content to JoomPlace, you automatically grant (or warrant that the owner of such rights has expressly granted) to JoomPlace a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
JoomPlace is concerned about your privacy and has developed a policy to address privacy concerns.
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. The provision of such links is not an endorsement of any information, product or service reached through such link. JoomPlace is not responsible for the availability of, or content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that JoomPlace is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that JoomPlace is not responsible for (a) the quality of third party products or services, and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that JoomPlace is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOOMPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JoomPlace MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. JoomPlace AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
JoomPlace AND ITS SUPPLIERS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JoomPlace OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF JOOMPLACE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless JoomPlace, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site. You agree to seek and obtain written permission from JoomPlace before agreeing to settle any claim.
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify JoomPlace immediately of any unauthorized use of your password(s).
DELETE OR REMOVE CONTENT/TERMINATION OF USE
You agree that JoomPlace may at any time, in its sole discretion, delete or remove any content on the Site that it deems to be inappropriate. Further, JoomPlace may at any time, in its sole discretion, terminate your right to access or use the Site and any account(s) you may have in connection with the Site, with or without notice to you. JoomPlace also reserves the right, in its sole discretion, to restrict or terminate the availability of the Site to any other person, geographic area or jurisdiction at any time. No notice is required to effect any such restriction or termination.
INTELLECTUAL PROPERTY POLICY
JoomPlace respects the intellectual property of others and expects you to do the same. At JoomPlace's discretion and in appropriate circumstances (and without limiting the generality of the foregoing "Termination of Use" provision), JoomPlace may terminate your account(s) and/or prevent access to the Site by users who infringe upon the intellectual property rights of others.
All matters relating to your access to, and use of, the Site shall be governed by law of the Seychelles. You and JoomPlace agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
JoomPlace, JoomlaLMS, JoomPlace WordForce, JoomPlace PowerPointForce and JoomPlace QuizForce are trademarks and/or service marks of JoomPlace Flash is a trademark of Macromedia Inc. Microsoft Word and PowerPoint are registered trademarks of Microsoft Corporation. All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
The absence of a product or service name or logo in this notice does not constitute a waiver of JoomPlace trademark or other intellectual property rights concerning that name or logo. Use of any other JoomPlace trademark in commerce may be prohibited by law except by express license from JoomPlace.
DISCLAIMER OF THIRD-PARTY ENDORSEMENT
JoomPlace , its products, and its services are not sponsored, endorsed or affiliated with Microsoft Corporation or Macromedia, Inc.
SCORM Conformance and Logo Use
SCORM and the SCORM logo are certification marks of Concurrent Technologies Corporation of Johnstown, Pennsylvania. The SCO-RTE1, Mandatory and Optional compliant logo indicates that JoomPlace Applications for Windows has been independently tested and certified by an ADL-designated certification organization to comply with SCORM v1.2. Successful test results for a product constitute AS IS compliance with SCORM v1.2 using the designated tests. Compliance evaluation using SCORM v1.2 tests developed by ADL or others does not constitute or imply endorsement or assurance by ADL or others of product utility, quality, or reliability in use or technical accuracy of content.
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Nothing contained herein shall be construed as conferring any right or license under any copyright of JoomPlace.