License Agreement
Your use of Menucool
software is subject to the following terms of a legal agreement between you and Menucool (www.menucool.com).
Software License
1.1 License Grant
Menucool software that requires license is available for download on an
evaluation basis. The evaluation software is fully functional with the exception
of a purchase reminder which is displayed when running from a live web site.
Purchasing a license and adding it into related scripts as instructed
will unlock and remove the purchase reminder message.
- The license is only valid for the domain that you have purchased for.
- The license is valid forever with no requirement to renew.
- The license will be used to compare with your domain name on the browser's address bar for verification. There is
no license check made to other places.
Note: Menucool Image Sliders do not have purchase reminders.
They just disable some of their advanced features if a valid license is not
provided.
1.2 Purchase Reminder
Purchase reminder applies only to the Menucool software that requires
license.
The purchase reminder may not be
altered, disabled, or hidden from view. Menucool will not be responsible for damages,
financial or other, to a person or company due to our inclusion of the Purchase
Reminder message occurred for various reasons, such as improper deployments, changing
domain name without purchasing license key for the new domain name, or using pirated software. Removal or hiding the purchase reminder requires that a license is purchased directly
from Menucool (www.menucool.com).
1.3 Re-Distribution
Redistribution and reverse engineering of the software is prohibited without agreement.
Limitations
You may not modify, translate, reverse engineer, decompile, disassemble or create derivative
works based upon the software.
Term and Termination
The license is granted to the domain name of website and cannot be transferred to
other domain names.
We offer an unconditional 30 day money back guarantee on the purchase of any license that we sell.
Refund is not applicable if website using the Software is stopped or changed to other domain names. Changing web domain name needs purchasing a new license of the Software for the new domain name. Developer who uses the Software or purchases the license is responsible to let website owner know
about this nature.
Product / Documentation Discontinuance
4.1 The software is provided "as is" without warranty of any kind.
4.2 This website, www.menucool.com, is the main Documentation source that is subject to change without prior notice.
4.3 Menucool reserves the right to discontinue at any time any component of the
Software, whether or not it is offered as a standalone product or solely as a component
of the Software. Limited Warranty
Menucool does not warrant the use of the Software will be uninterrupted or error
free at all times and in all circumstances, nor that program errors will be corrected.
In the event of a reported bug or failure, Menucool will try his best to repair
the Software. If such remedy fails of its essential purpose, Menucool’s maximum
liability shall be a refund of the paid purchase price for the defective Software
only if Licensee has stopped using the Software and this limited warranty is only
valid if Menucool receives written notice of the failure no later than ninety (90)
days after the license purchase. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN
THIS SECTION, MENUCOOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Menucool be
liable for any indirect, special, incidental, or consequential damages arising out
of the use of or inability to use the Software, including, without limitation, damages
for loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses, even if advised of the possibility thereof,
and regardless of the legal or equitable theory (contract, tort or otherwise) upon
which the claim is based. In any case, Menucool’s entire liability under any provision
of this agreement shall not exceed in the aggregate the sum of the license fees
Licensee paid to Menucool in the preceding (90) ninety days for the Software giving
rise to such damages, notwithstanding any failure of essential purpose of any limited
remedy. Indemnity
You agree to indemnify, hold harmless, and defend Menucool and its resellers from
and against any and all claims, lawsuits and proceedings (collectively “Claims”),
and all expenses, costs (including attorney's fees), judgments, damages and other
liabilities resulting from such Claims, that arise or result from the use or distribution
of Your Integrated Product (to the extent such Claims are not attributable to the
Software component of such Integrated Product). Severability
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT,
AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING
OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN MENUCOOL
AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
LIABILITIES OF THE PARTIES.