End User License Agreements
Below is a generic copy of the Cartweaver® 4 End User License Agreement for ColdFusion, and PHP. [SERVER MODEL] refers to the version of Cartweaver purchased, ColdFusion (a.k.a. CF), or PHP.
Cartweaver® 4 [SERVER MODEL] End User License Agreement â?? Single Developer License
- This is an agreement by and between Application Dynamics Inc. ("Licensor"), parent company of Cartweaver and Cartweaver.com, and the End User ("Licensee"), who is being licensed as a one developer, ("Single Developer License", "License", "License Agreement") to use Cartweaver 4 [SERVER MODEL] ("Software").
- Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
- This License permits Licensee to install the Software on more than one computer system for use solely by Licensee, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
- Licensee is permitted to develop as many websites as the Licensee wishes using the Software. The Software may be used for the development of websites on behalf of the website owner/merchant, be that the Licensee or client(s) thereof. The Software, in whole or in part, may NOT be used for the development of applications for resale or distribution without the express written permission of the Licensor.
- Unless otherwise expressly authorized in a separate written agreement between, and executed by, you and Application Dynamics Inc., the following license restrictions apply: You may not rent, lease, sublicense, use and/or permit the use of the Software on a timeshare or service basis. In addition, you may not provide the Software as part of a hosting service, whether as a subscription basis or otherwise.
- This Software is subject to a limited warranty. Licensor warrants to Licensee that the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
- Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE, whether based on lost revenue or otherwise, regardless of whether LICENSEE was advised of the possibility of such losses in advance. In no event shall LICENSOR's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
- Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
- Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
- Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
- This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. This license is subject to change without notice.
- This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature , Licensee's use of the Software, or purchase of the Software.
- Cartweaver is copyright of Application Dynamics Inc. and its licensors. Adobe, Dreamweaver, and/or Fireworks, Creative Suite, CS, ColdFusion are either registered trademarks, trademarks, or copyrights of Adobe, Inc. in the United States of America and/or other countries.
- This License Agreement shall be governed by the laws of the State of Washington.
If you have any questions concerning this agreement, or otherwise wish to contact a support person, please use our contact form.