SOFTWARE LICENSE AGREEMENT
For Enhanced Editions of UltraApps Software
This software product, any printed materials, any on-line or
electronic documentation, and any and all copies and derivative works of such software product and
materials ("Software") are the copyrighted work of UltraApps, its subsidiaries, licensors
and/or its suppliers. All use of the Software is governed by the terms of the End User License
Agreement, which is provided below ("License Agreement"). The Software is solely for use
by end users according to the terms of the License Agreement. Any use, reproduction or
redistribution of the Software not in accordance with the terms of the License Agreement is
expressly prohibited. If you do not agree with the terms of this Agreement, you cannot install the
Software and must immediately delete or destroy all copies of it in your possession.
By downloading, acquiring and using this Software, You expressly
agree to abide by this License. This Software is made available for your use under the following
terms and conditions:
1.1 "License" and ''License Agreement'' mean
1.2 ''Modifications'' means any addition to or deletion from the substance or structure of
the Original Code. When Covered Code is released as a series of files, a Modification is:
a) Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
b) Any new file that contains any part of the Original Code or previous
1.3 "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of this License. For legal entities,
"You'' includes any entity which controls, is controlled by, or is under common control with
1.4 "Software" means the Software product (also known as program) that includes
this License or that this License pertains to, and all files included with this product (including
but not limited to programming source code, HTML/layout files, images, configuration files, compiled
Software components, documentation and this License).
1.5 "UltraApps" means the original developer of this Software, known as UltraApps
organization, its owner or parent organization or in the absence of such, the owner of the domain
name UltraApps.com as of August 19th, 2001
2. Terms and Conditions:
2.1 This License. This license is between You and UltraApps.
UltraApps Licenses You to use this Software under condition that this Software was purchased or
obtained from UltraApps or its authorized Reseller. You agree to validate and confirm that this
Software was legally obtained, by registering it at http://www.UltraApps.com
within 15 days of its installation or first usage. Any breach of this warranty of truthfulness and
accuracy shall constitute a breach of this License. UltraApps has the sole and unqualified right to
refuse to license any person or entity for any reason.
2.2 Ownership. This Software contains valuable proprietary
rights of UltraApps. There is no transfer to You of any title to or ownership of this Software or
any copyright, trade name, trade secret, source code, or other proprietary rights relating to this
Software, regardless of the form that UltraApps exists in. You may not violate these rights, and You
must take all appropriate steps to protect UltraApps' rights. UltraApps may at any time replace,
modify, alter, improve, enhance, or change this Software without prior notice.
2.3 Usage and Fees. You are granted a non-exclusive license to
use one instance of this Software in conjunction with one Internet Domain.
License to use this Software with more than one Domain or with multiple installations on the server
must be purchased separately and is specifically not granted in this License.
a) You may make modifications to this Software only for Your own exclusive use.
b) Once modified for Your own use, You may not distribute or sell modified
version of this Software outside of Your company or organization.
c) Any derivative works based on this Software are considered to be the property
of UltraApps and are covered by this License.
d) You may not convert this Software or its parts to a different computer
language or environment, either manually, or using an automated conversion tool, such that this
Software or any modification thereof will run under any language, Software, or program other than
implemented by UltraApps.
2.5 Resale and Distribution.
a) Software License that you purchased directly from UltraApps (UltraApps.com) may be
resold or transferred to other users. This License Agreement applies to the resold or transferred
b) You may resell or transfer only the amount of licenses that you purchased.
c) You may NOT duplicate, sell or distribute this
Software except for resale of the Licenses that you obtained from UltraApps. In such case the
Software must be distributed in its original form. You must assure that this Software is distributed
unaltered, for example by downloading its original version at http://www.ultraapps.com
d) You must keep record of each license that you resell, which must include the Buyer's
Name, Phone Number, Email Address and Domain Name
e) There are no price restrictions on how much you may charge for reselling this
software, related consulting fees or installation services.
3. This License Agreement:
3.1 Modifications. The provisions of this Agreement may be
waived, altered, amended, modified, or repealed, in whole or in part, only by UltraApps, via written
or email notice.
3.2 Termination. This License Agreement is effective until terminated. You may terminate the
License Agreement at any time by destroying the media containing the Software or erasing all of the
Software’s files and data from all computers you have licensed the Software for.
Any license, right, or permission to use this Software is automatically revoked and cancelled if You
breach any term or condition of this License. You agree that in the event of a breach of this
License, You will immediately cease any further use of this Software and will remove the original
and any modified source code of this Software from Your computers, and will cease Your use of this
3.3 Limitations. Neither UltraApps, its subsidiaries, affiliates or licensors shall be liable
in any way for loss or damage of any kind resulting from the use of the Software including, but not
limited to, loss of goodwill, work stoppage, computer failure or malfunction, data loss, data
corruption or any and all other commercial damages or losses. Some states do not allow the exclusion
or limitation of incidental or consequential damages, or allow limitations on how long an implied
warranty lasts, so the above limitations may not apply to you.
3.4 Remedy. You hereby agree that UltraApps would be irreparably damaged if the terms of this
License Agreement were not enforced, and therefore you agree that UltraApps shall be entitled,
without bond, other security, or proof of damages, to the minimum payment of $500 (USD) per
incident, or the actual or potential losses incurred by UltraApps, whichever is higher.
3.5. Governing Laws. This License Agreement shall be governed by the laws of the State of
California, USA. If any provision of this License is found void, invalid, or unenforceable, it will
not affect the validity of the balance of this License, which shall remain valid and enforceable
according to its terms. In the event any party is required to seek judicial enforcement regarding
any terms of this License, or to seek a judicial interpretation regarding any terms of this License,
the party deemed by the court to be the prevailing party shall be entitled to, in addition to its
costs and damages, reasonable attorney's fees and costs as determined by the court.
You hereby acknowledge that you have read and understand the
foregoing License and agree that the action of installing the Software is an acknowledgment of your
agreement to be bound by the terms and conditions of the License contained herein. You also
acknowledge and agree that this License is the complete and exclusive statement of the agreement
between UltraApps and you and that the License Agreement supersedes any prior or contemporaneous
agreement, either oral or written (including inconsistent statements in written materials and online
help accompanying the Software), and any other communications between UltraApps and You.