BY CLICKING THE “ACCEPT” BUTTON, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
PAGEINVASION™ PLUGIN LICENSE AGREEMENT
This PAGEINVASION™ PLUGIN License Agreement (hereinafter “Agreement”) is a legal and binding contract between you (either individually or a single business entity) (hereinafter “Licensee”) and Walker SEO (hereinafter “Company”) for the PAGEINVASION™ PLUGIN software (hereinafter “Software”) and other products (hereinafter “Products”) sold through Company’s website.
1. License Rights and Restrictions.
a. Company hereby grants to Licensee a non-exclusive limited license (hereinafter “License”), pursuant to the terms and conditions of this Agreement, to use the Software and Products.
b. The Plan purchased by Licensee determines the License as more fully outlined on Company’s website. Licensee has unlimited use of Software for specified number of domains but does not have the right to resell or use for unauthorized domains or unlawful uses. Licensee shall not resell access to the support license key.
c. After Company has successfully processed payment, Licensee will receive an email with the download link and support license key (Note: This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us). Licensee may then login to the support page on http://www.support.pageinvasion.com to receive support. Licensee must use the email address used to purchase the Software to have instant access to all support related material.
d. Automatic upgrades are included for a term of 1 year from the time of purchase, but only for Licensees who have purchased one of the following Plans: Business, Commercial and Enterprise. After the initial year a new license must be purchased in order to continue receiving automatic upgrades.
e. Licensee shall not, (i) directly or indirectly, copy, display, distribute, or otherwise use the Software in any manner or for any purpose not expressly authorized by this agreement; (ii) create derivative works of or otherwise adapt, modify, or translate the Software; (iii) reverse engineer, decompile, translate or disassemble the Software; (iv) or permit any third party to do the same.
f. Licensee represents and warrants that all information provided by Licensee to Company is true and accurate in all material respects. Licensee further represents and warrants that Licensee has been duly authorized to enter into this Agreement for an on behalf of any person, company or entity. Should these representations prove to be false, Company may, in Company’s sole discretion, immediately discontinue Licensee’s access to and disable Licensee’s use of the Software.
g. Company hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Company’s right to license the Software to any third party.
h. Licensee uses this software at their own risk. Licensee shall not hold Martin Walker, Walker SEO or PageInvasion liable or responsible for any losses in time, hard costs, digitally or financially, in any way. Martin Walker, Walker SEO and/or PageInvasion makes no guarantees in terms of performance of software nor are any guarantees made or implied regarding the rankings of pages built using this software.
2. Technical Support; Limitations. .
a. It is Company’s policy to provide support services in connection with the Software, to the extent and manner determined in the sole discretion of Company. Company may provide support for 3rd party plugin conflicts at its discretion or as time allows.
b. Company offers WordPress plugins “as is” and with no implied meaning that they will function exactly as needed or will be compatible with all 3rd party components and plugins. Company does not offer support via email or otherwise support WordPress or other WordPress plugins not developed by Company.
c. Support is provided for a term of 1 year from the time of purchase. After the initial year a new license must be purchased in order to continue receiving support.
d. Company reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice
e. Licensees are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.
3. Intellectual Property Rights.
a. Licensee acquires no ownership rights in or title to the Software. The Software is licensed and not sold. Company retains all ownership rights in and title to the Software. Licensee shall not at any time during or after the term of this Agreement assert or claim any interest in, or assert or do anything that may adversely affect Company’s ownership of, or the validity of, the intellectual property and proprietary rights of Company in or relating to the Software.
b. All site content, including imagery and documentation that is published on PageInvasion.com and is the property of Company. Any replicated site content must be authorized in advanced. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Company.
4. Warranty; Disclaimer of Warranties
a. Company warrants to Licensee that the Software will function on a clean installation (????What????? does “clean installation” mean???) of WordPress.
b. Company DOES NOT warrant the Software will function with all 3rd party plugins or with all web browsers. Company is not responsible for any plugin compatibility conflicts that may occur.
c. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR EMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED “AS-IS”. COMPANY DOES NOT AND WILL NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
5. Limitation of Liability.
a. We are not responsible for any data loss that may occur as a result of installing the Software.
b. IN NO EVENT WILL COMPANY BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TOUSE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY.
6. Refund Policy
Company will consider a refund within the first 30 days of your purchase if Licensee is unable to get the Software to install properly on your website or if the Software fails to perform the basic functions as designed and you have worked with Company’s product support team to try to resolve these issues. Refunds will be granted at the sole discretion of Company. No refunds will be given after 30 days from the initial purchase. Please note that by purchasing the Software, you agree to the terms of the Refund Policy.
7. Transactional Emails
Company may on occasion send you email notifications related to the License. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to the Software.
8. General Terms
a. This Agreement constitutes the entire agreement between the parties and supersedes all agreements, representations, warranties, statements, promises and/or understandings, whether oral or written, with respect to the subject matter hereof and no party shall be bound by any such representation, statement, promise or understanding not specifically set forth in this Agreement.
b. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue for any action related to this Agreement shall be in the County of Company’s principal place of business.
c. This Agreement may only be amended by the written consent of all of the parties to this Agreement at the time of such amendment.
d. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding licensing, usage or pricing please email firstname.lastname@example.org