1902 SEO+ Terms of Use and License Agreement
CAREFULLY READ THE FOLLOWING TERMS OF USE AND LICENSE AGREEMENT. BY CLICKING ON THE "I ACCEPT TERMS OF USE" CHECKBOX, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT THEN DO NOT PROCEED WITH THE INSTALLATION OF THE 1902 SEO+ PACKAGE.
1. DESCRIPTION OF THE SOFTWARE
The package contains “1902 SEO+” ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. (“USERS”) means the person or computer accessing or using the software. "You" or “Your” means the person or company who is being licensed to use the Software or Documentation. (“MAJOR VERSION”) refers to the number preceding the dot “.” in the version number and (“MINOR VERSION”) refers to the number following the dot “.” of the version number of the software. (“VERSION NUMBER”) means the number assigned to the software used to distinguish the software from previous releases. "We", “our” and "us" means 1902 Software Development Corporation.
The Software is a package developed for the management of technical SEO settings of websites using Umbraco CMS. The Software is provided completely free-of-charge and is available for download at https://1902software.com/umbraco/seoplus/.
2. LICENSE GRANT
We hereby grant you a nonexclusive, non-transferable, limited license to the Software. You may download the Software and install it on your Umbraco website.
This license is not a sale. We remain the owner of all right, title and interest in the Software and Documentation.
3. ARCHIVAL OR BACKUP COPIES
You may either:
- Make one copy of the Software for backup or archival purposes; or
- Transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes.
4. THINGS YOU MAY NOT DO
Philippine copyright laws and international treaties protect the Software and Documentation. You must treat the Software and Documentation like any other copyrighted material. You may not:
- Copy the documentation;
- Copy the Software except to make archival or backup copies as provided above;
- Modify or adapt the Software or merge it into another program;
- Reverse engineer, disassemble, de-compile or make any attempt to discover the source code of this Software; or
- Sublicense, rent, lease or lend any portion of the Software or Documentation except that this agreement may be assigned to a successor by you provided that all or substantially all of your assets or equity are acquired by the successor.
5. NO DISASSEMBLY, RECOMPILATION, CHANGE OF HTML PAGE LAYOUT, CHANGE OF GRAPHIC OR DECRYPTION
You may not disassemble, de-compile or change the layout of the HTML pages used on the software without our prior written consent, nor may you change any graphic used in the software. You may not decrypt data stored in an encrypted format in the database.
6. NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
WE EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, THE LICENSEE.
7. NO LIABILITY FOR DAMAGE
IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER WHICH IS 0.00 IN ANY CURRENCY.
8. DISCONTINUATION
We reserve the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the Software at any time in our sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Service. We will not be liable to you or any third party as a result of such modification or discontinuation of the Software.
9. TERMINATION
This license agreement takes effect upon installation of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. The license automatically terminates if you fail to comply with any term or condition within this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
10. CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that belong to us and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
11. GENERAL PROVISIONS
(a) This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the software.
(b) In the event of litigation or alternative dispute resolution process between you and us concerning the Software or Documentation or this Agreement, the prevailing party in the litigation or process will be entitled to recover attorney fees and expenses from the other party.
(c) You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
(d) The software is NON-TRANSFERABLE except if all or substantially all of your assets or equity are acquired by the successor for instance if a company is sold.
(e) This license agreement is governed by the laws of the Philippines.