PERSONAL, NON-COMMERCIAL USE LICENSE
Updated 14/08/2006
END USER LICENSE AGREEMENT FOR SOFTWARE DOWNLOADED FROM ACIDCAT.COM
LICENSE FOR PERSONAL, NON-COMMERCIAL USES ONLY

THIS IS A CONTRACT between you (either an individual or a single entity) and the owner of ACIDCAT CMS content management software ('the licensor' or 'us') and covers your use of ACIDCAT CMS (Basic) software, related software components, files and documentation (all of which are referred to herein as the 'Software').

BY CLICKING "I agree with the terms of the license" OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ('YOU') ARE CONSENTING TO BE BOUND BY AND TO BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE LINK INDICATING "I do not agree with the terms of the licence agreement" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Personal, Non-Commercial Use License. The Software is licensed to you for your personal, non-commercial use. You may install the Software on a single website, residing on a single server for your personal, non commercial use only.

The Software may not be used for direct or indirect commercial purposes without first obtaining a Commercial Use License. The Commercial Use License can only be obtained by purchasing a copy of ACIDCAT CMS Pro.

In order to help us spread the word about the Software, you agree to display the text "AcidcatCMS " in the web page banner, together with the Acidcat logo.

Technical Support. Technical support is not provided for the Software. Most common issues can be addressed by the support forums available at http://www.acidcat.com/forums.

Restrictions on Use. The Licensor grants you the non-exclusive, non-transferable right to use the Software to manage and update your personal, non-commercial website. You may not redistribute the Software without Licensor's prior written consent. Although you may modify or alter the Software for your own use (including copies that extend, or enhance the Software), you may not distribute, transfer, or resell the modified or derivative copies of the Software; you may not use such copies for other than personal, non-commercial purposes; and you may not use such copies in a way that violates the terms of this Agreement. Components of the Software may not be extracted and used in other programs without the prior written consent of Licensor. The Software may not be used for direct, or indirect commercial purposes without first obtaining a Commercial Use License from Licensor by purchasing a copy of ACIDCAT CMS Pro.

You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensor's written approval.

Prohibited uses include, without limitation, using the Software on commercial websites; providing, or offering to provide, any service using the Software; using the Software to provide web design or other services to commercial and non-commercial websites; receiving compensation from others for copies or modified copies of the Software; hosting, or offering to host, the Software, on any basis; receiving compensation for any service that uses the Software, including support services.

You may not use the Software in violation of any U.S. or international law or regulation. All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made.

No Warranty.  The Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance. THE LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Limitation of Liability.  IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.

Indemnification. You agree to indemnify and hold the Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.

Termination. The Licensor or yourself may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Software and uninstall and destroy all copies of the Software you have obtained or made.

Governing Law. This Agreement will be governed by the laws of Australia and the State of Victoria, Australia.  You consent to the personal and exclusive jurisdiction and venue of the courts located in Melbourne, Australia.

General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. This Agreement is personal to you, and may not be assigned without the Licensor's express written consent. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.

Contact Information.  If you have any questions about this Agreement, please contact us at info@onionman.com.  If you have any questions about licensing that aren't answered on our website, please contact us at info@onionman.com.

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