Inkblot Publisher Software License Agreement

This software product, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software product and materials ("Software") are the copyrighted work of Sinapps, its subsidiaries, licensors and/or its suppliers. All use of the Software is governed by the terms of the End User License Agreement, which is provided below ("License Agreement"). The Software is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the terms of the License Agreement is expressly prohibited. If you do not agree with the terms of this Agreement, do not purchase and download the software.

By using this Software, You expressly agree to abide by this License.

The provisions of this Agreement may be waived, altered, amended, modified, or repealed, in whole or in part, only by Sinapps, via written or email notice.

License. This license is between You and Sinapps. Sinapps Licenses You to use this Software under condition that this Software was purchased or obtained from Sinapps. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. Sinapps has the sole and unqualified right to refuse to license any person or entity for any reason.

Ownership. This Software contains valuable proprietary rights of Sinapps. There is no transfer to You of any title to or ownership of this Software or any copyright, trade name, trade secret, source code, or other proprietary rights relating to this Software, regardless of the form that Sinapps exists in. You may not violate these rights, and You must take all appropriate steps to protect Sinapps´ rights. Sinapps may at any time replace, modify, alter, improve, enhance, or change this Software without prior notice.

Usage and Fees. You are granted a non-exclusive license to use one instance of this Software in conjunction with one Internet Domain. License to use this Software with more than one Domain or with multiple installations on the server must be purchased separately and is specifically not granted in this License.

Modifications. You may not make modifications to this Software with the exception of modifying the display templates. You may not convert this Software or its parts to a different computer language or environment, either manually, or using an automated conversion tool, such that this Software or any modification thereof will run under any language, Software, or program other than implemented by Sinapps.

Resale and Distribution. Software License that you purchased directly from Sinapps may be resold or transferred to other users. This License Agreement applies to the resold or transferred License. You may resell or transfer only the amount of licenses that you purchased. You may NOT duplicate, sell or distribute this Software except for resale of the Licenses that you obtained from Sinapps. In such case the Software must be distributed in its original form.

Limitations. Neither Sinapps, its subsidiaries, affiliates or licensors shall be liable in any way for loss or damage of any kind resulting from the use of the Software including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, data loss, data corruption or any and all other commercial damages or losses. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Remedy. You hereby agree that Sinapps would be irreparably damaged if the terms of this License Agreement were not enforced, and therefore you agree that Sinapps shall be entitled, without bond, other security, or proof of damages, to the minimum payment of $2,500 (USD) per incident, or the actual or potential losses incurred by Sinapps, whichever is higher.

Governing Laws. This License Agreement shall be governed by the laws of the State of Texas, USA. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms. In the event any party is required to seek judicial enforcement regarding any terms of this License, or to seek a judicial interpretation regarding any terms of this License, the party deemed by the court to be the prevailing party shall be entitled to, in addition to its costs and damages, reasonable attorney´s fees and costs as determined by the court.

You hereby acknowledge that you have read and understand the foregoing License and agree that the action of purchasing the Software is an acknowledgment of your agreement to be bound by the terms and conditions of the License contained herein. You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between Sinapps and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written (including inconsistent statements in written materials and online help accompanying the Software), and any other communications between Sinapps and You.