1. License - Intesync LLC hereby grants to Licensee a perpetual, nontransferable, and limited license to use the Software on one domain-based Web site. Licensee may install more than one copy of the Software on the same domain without additional cost.
2. Backup/data - Licensee's use of the Software and/or the subscription plan is at his/her sole risk. Licensee is responsible for backing up all data, including files and documents not used by the Software.
3. Restrictions - Licensee shall not modify, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Intesync LLC, provided that Licensee may make one copy of the Software for backup or archival purposes.
4. Source codes - No source codes are provided to Licensee under this agreement. However, Intesync LLC may release certain source codes based on request. A customization fee may be charged if the release requires any modification to the codes.
5. Implementation and Usage - Licensee is solely responsible for generating site contents and user traffic. Intesync LLC makes no warranty to the amount of traffic the Software can generate for Licensee. Intesync LLC does not access or edit any content posted at Licensee's site. Licensee is solely responsible for the creation and transmission of all site contents.
6. Technical Support - Intesync LLC is not obligated to fix all bugs or problems found in the Software. However, an honest attempt shall be put in place to address them. Free Support is provided through an online Help Desk and may be limited. Phone support is provided at a rate of $50 an hour, prepaid. Licensee agrees that any information posted in our support tickets is both personal and confidential and shall not be realeased to third party without permission.
7. Customization - For features not found in the Software, Intesync LLC shall advice Licensee on whether or not they can be provided through custom work. If so, a separate work agreement shall be set up. Free support and bug fix for custom coding shall be limited to 30 days if the changes cannot be integrated with the standard version of Miniweb 2.0.
8. Copyright - Licensee agrees that the software is copyrighted materials and will not distribute the source codes to any third party without explicit permission from Intesync LLC. No permission is needed if the codes are for licensee's site development use.
9. Disclaimer of Warranties - The Software is provided "AS IS" and Licensee assumes all risks with its use and as such no warranties, claims, or representation made by Intesync LLC, either express, implied, or statutory, with respect to the Software, including performance and fitness for a particular purpose. Intesync LLC does not warrant that the Software will always be accessible or error-free.
10. Limitation of Liability - Intesync LLC shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether licensee was advised of the possibility of such losses in advance. In no event shall Intesync LLC's liability hereunder exceed the amount of license fees paid by Licensee, regardless of Licensee's claim.
11. Refund - Any refund request must be initiated within 7 days of purchase and be reviewed on a case-by-case basis. There will be no refund if the license code has been issued or if any of the source codes has been released or customized, even if it's within the 7-day period. This refund policy applies to both the hosted and downloaded version of the Software. Note that there is no refund for any custom work because of the labor involved.
12. Indemnity - Licensee agrees to indemnify and hold harmless Intesync LLC against all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses incurred by Intesync LLC arising of (a) violation or breach of any term of this License, and/or (b) use or misuse of the Software.
13. Governing Law - This agreement shall be enforced in accordance with the laws of California, USA. Neither this agreement nor any interest in this agreement may be assigned by Licensee without the prior express written approval of Intesync LLC.
14. General Provisions - The terms set forth in this agreement constitute the final and exclusive agreement with respect to the Software. Intesync LLC reserves the right to change the terms at any time by posting a revision at the Software's Web site.