Smart Sliding Notes Entry Edition License

GNU Affero GPL v3 License
Copyright (C) 2011 WordPress Expert Solutions

This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.

You should have received a copy of the GNU Affero General Public License along with this program. If not, see http://www.gnu.org/licenses/.

Smart Sliding Notes PRO License

Last updated 15th November 2011

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SMART SLIDING NOTES SOFTWARE (AS DEFINED BELOW). BY USING THE SMART SLIDING NOTES SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  1. Grant of License. Subject to your compliance with the terms and conditions of this License, WordPress Expert Solutions hereby grants you (and only you) a limited, personal, non-sublicensable (except as set forth below), non-transferable, nonexclusive license to use the Smart Sliding Notes software and documentation accompanying this License, whether on disk, memory or an any other media or in any other form (the "Smart Sliding Notes Software") only in connection with the number of Sites (as defined below) set forth in Section 4. As between you and WordPress Expert Solutions, title, ownership rights, and intellectual property rights in and to the Smart Sliding Notes Software, and any copies or portions thereof, shall remain in WordPress Expert Solutions and its suppliers or licensors.  No other rights, express or implied, are granted by this license, and WordPress Expert Solutions reserves all rights not expressly granted to you herein.
  2. Restrictions. You may not modify, decompile, duplicate reverse-engineer or attempt to discover the source code or structure, sequence or organization of the Smart Sliding Notes Software.  Without limiting the foregoing, if any modifications are made to the Smart Sliding Notes Software, no support will be provided by WordPress Expert Solutions.  You may not remove any proprietary notices from the Smart Sliding Notes Software, including any copy of this License provided therewith.  Except as expressly set forth in this License, you may not distribute, rent, lease, sublicense, lend or sell any version of the Smart Sliding Notes Software to any other person or business. The Smart Sliding Notes Software may not be used for, or in conjunction with, any illegal services, products or practices whatsoever.
  3. Fees.  You agree to pay all applicable fees with respect to the Smart Sliding Notes Software ("Fees"), which Fees are set forth on (i) the Smart Sliding Notes website, or (ii) a separate written order form accepted in writing by WordPress Expert Solutions. The license rights granted under Section 1 hereof are subject to your payment of all Fees.
  4. Permitted Sites. For purposes of this License, "Site" shall mean any Web site hosted under a single domain name, provided that each subdomain of such domain name shall be considered a separate Site.  You are permitted to use the Smart Sliding Notes Software in connection with any Site, including any premium themes that make use of the Smart Sliding Notes Software.
  5. Consent to Use of Data. You agree that WordPress Expert Solutions and its subsidiaries or agents may collect and use technical and related information about the server and domain the Smart Sliding Notes Software is installed on, as well as non-personally-identifiable information regarding your site visitors and their interactions with the Smart Sliding Notes Software. WordPress Expert Solutions may use this information to improve our products and services and as a basis for providing statistical analytics for our users.
  6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from WordPress Expert Solutions if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of the Smart Sliding Notes Software and destroy all copies, full or partial, of the Smart Sliding Notes Software.  Sections 2 through 15 shall survive any termination or expiration of this License.
  7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SMART SLIDING NOTES SOFTWARE IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WORDPRESS EXPERT SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SMART SLIDING NOTES SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WORDPRESS EXPERT SOLUTIONS DOES NOT WARRANT THAT THE SMART SLIDING NOTES SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, SERVERS OR PLATFORMS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. THIS LICENSE SUPERSEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS LICENSE.
  8. Indemnity.  You agree that WordPress Expert Solutions shall have no liability whatsoever for any use you or any third party make of the Smart Sliding Notes Software. You hereby agree to indemnify and hold harmless WordPress Expert Solutions from any and all damages, liability, costs, and expenses (including attorney's fees) arising from claims related to your use, and your customers' use, of the Software.
  9. Limitation on Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WORDPRESS EXPERT SOLUTIONS OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SMART SLIDING NOTES SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall WordPress Expert Solutions' aggregate liability to you for all damages exceed the amount paid BY YOU for the software license.
  10. Injunctive Relief. Because of the proprietary nature of the Smart Sliding Notes Software, you understand that WordPress Expert Solutions will suffer irreparable injury in the event that you fail to comply with the terms of this License, and that monetary damages will be inadequate to compensate WordPress Expert Solutions for such breach. Accordingly, you agree that WordPress Expert Solutions will, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this License.
  11. Refunds & Support. The Smart Sliding Notes Software is sold "AS IS" and any refunds will be given at our sole discretion. All software has bugs, and if you discover one, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Smart Sliding Notes Software (collectively, "Support").  Without limiting the foregoing, any such Support for the Smart Sliding Notes Software that may be made available by WordPress Expert Solutions shall become part of the Smart Sliding Notes Software and subject to this License.
  12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Smart Sliding Notes Software. It supersedes all prior agreements and understandings regarding the Smart Sliding Notes Software. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of WordPress Expert Solutions.
  13. Waiver. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  14. Assignment.  This License is personal to you and you shall not assign or transfer the License or the Smart Sliding Notes Software to any third party under any circumstances. WordPress Expert Solutions may freely assign its rights and obligations under this License.