Software licence Agreement

This is a legal agreement between you and Evolusent Inc (the "Vendor"), covering your use of Pixaria Gallery (the "Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.

The Software is owned by the Vendor and is protected by United Kingdom copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording).

With the exception of approved theming techniques, customisation of the underlying source code constitutes modification of the software and subject to the discretion of the Vendor, may void your right to free technical support.

Paying the licence fee grants you the right to use the Software on a single personal computer operating on a private network and/or a single public website. A website shall be defined as any text, image and binary data retrieval service operating on a computer, accessible at a single internet domain name and single uniform resource location, by means of a remote computer, over a public network, using the hypertext transport protocol.

The Software is provided as is and must be purchased on the assumption that it will not be supported. The Vendor makes no guarantee of any offer of support for problems arising through use of the Software.

You may install the Software on behalf of a third party subject to their agreeing to be bound by the terms of this licence but you may not re-distribute, sell, rent or lease the Software to others. You may make modifications to the software but the original licence agreement will remain in force for the modified version. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

The Software and its related documentation are provided "AS IS" and without warranty of any kind and the Vendor expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall the Vendor be liable for any incidental, special, or consequential damages that result from the use or inablility to use the Software or related documentation, even if the Vendor has been advised of the possibility of such damages. In no event shall the Vendor's liability exceed the licence fee paid, if any.

This Agreement shall be governed by the laws of the England and Wales and International laws in applicable territories. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

The Software and documentation is provided with RESTRICTED RIGHTS as described in the Licence Agreement.

The Software is provided as raw PHP source code. Refunds will only be given at the discretion of the Vendor and any application for a refund will only be considered if made in writing or by electronic mail within 28 days of the date of purchase.

Copyright © 2003 - 2013 Evolusent Inc.