This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and GoldenCUBE ("GoldenCUBE" and all copyrights are owned by NTM), which covers your use of the software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as "Software", "Product", "Software Product" . A software license, issued to a designated user only by GoldenCUBE or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a single computer system. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.
(b) Grant of License. Subject to a validly issued Software Product License, GoldenCUBE grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by GoldenCUBE.
(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License. You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY GoldenCUBE
The Software Product is protected by ROMANIA, U.S, CANADA, and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of GoldenCUBE. GoldenCUBE reserves all intellectual property rights, including copyrights, and trademark rights.
3. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without GoldenCUBE's written approval and subject to written agreement by the recipient of the terms of this EULA.
4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SUPPORT SERVICES
GoldenCUBE may provide you with support services related to the Software Product. Use of any such support services is governed by the GoldenCUBE polices and programs described in "online" documentation and/or other GoldenCUBE-provided materials. Any supplemental software code or related materials that GoldenCUBE provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to GoldenCUBE as part of the support services, GoldenCUBE may use such information for its business purposes without restriction, including for product support and development.
We reserve the right to reference any website or company using the Software in our sales and marketing literature.
6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
GoldenCUBE may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
We reserve the right to monitor compliance with this EULA and to restrict the use of the Software for non-compliance.
7. REFUND POLICY
Please take time and evaluate the Software using our avaiable demo or trial version. Before you buy the Software, read its requirements, and be sure that your server meets them. Refunds will not be given for reasons surrounding the user's lack of knowledge of the script's functionality, limitations, or restrictions, as we provided every opportunity to evaluate the script prior to purchase. If you have a question, please ask our staff before making your purchase. Source code is shipped with the script, and the digital nature of the product makes it non-returnable; therefore all sales are final. Refunds are NOT given for installation fees or other non-product labor costs.
8. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND GoldenCUBE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GoldenCUBE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL GoldenCUBE (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GoldenCUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GoldenCUBE' (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A GoldenCUBE SUPPORT SERVICES AGREEMENT, GoldenCUBE'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
10. INJUNCTIVE RELIEF
You acknowledge and agree that the unauthorized use, transfer or selling of the product or its components will substantially diminish the value to us and cause economic damage. If you breach any of this agreement's obligations with respect to the use or confidentiality, we shall be entitled to equitable relief to protect our interests therein, including, but not limited to, preliminary and permanent injunctive relief.
11. GOVERNING LAW; ENTIRE AGREEMENT
This EULA is governed by the laws of ROMANIA, excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and GoldenCUBE.
12. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact GoldenCUBE for any reason, please direct all correspondence to: