BY ORDERING SOFTWARE ON
THIS WEB SITE OR BY BECOMING AN AFFILIATE OF MHF MEDIA OR BY
USING THIS WEBSITE IN ANY WAY, YOU AGREE TO THE FOLLOWING
LICENSE:
AFFILIATE REFERRAL NETWORK
Affiliate begins earning commissions on
affiliate's sales starting on the second (2) sale made by
affiliate. No commissions are paid on the first sale. We
reserve the right to not pay you if you do not meet our
standards of participation in the affiliate referral network
program. We reserve the right to refuse acceptance of persons
or entities into the program that we deem inappropriate, such
as websites with illegal subject matter for example. Payment
terms for affiliate referral network commissions are within 60
days of reaching Minimum Payout. At present, Minimum Payout is
$60.00 of commission earned. We reserve the right to modify
the Minimum Payout amount without prior notice.
MHF Media reserves the right to discontinue our Affiliate
Referral Network at any time without prior notice, including
but not limited to any outstanding commissions owed User.
License Grant
MHF Media hereby grants you a non-exclusive license to use one
copy of the software you order on a single web site unless
otherwise stated or extra groups/installs have been
purchased.
MHF Media guarantees
successful installation of all software you buy from MHF Media
and the program working on your server in a way as
demonstrated in our demo section and requirement subject to
the following conditions:
Software Installation
Free installation does not include HTML and database
customizing or graphic design, we install programs with trial
pages - the same you can see in our demo section. Customizing
HTML pages is not included. You can do it yourself, order from
us for an additional charge or from a third party. We will
freely install purchased program on your site and make sure it
works correctly, but it will be your responsibility to create
HTML pages and/or databases and modify HTML pages and/or
templates according to your sites requirements.
We offer free installation on one site only. If we
installed/supported installation of the program on your site,
and subsequently you move to a different provider or something
changes on your server and you need another installation,
charge for additional installation is $20.00.
Self Software Installation
You do not need to know anything about CGI programming to
install and use our software. However, to use some of our
programs, you do need the following:
- Basic knowledge of
Internet tools (for example, be able to use FTP).
- Basic knowledge of the
operating system your server uses (be able to create and
change directories, be able to change permissions on files
and directories).
- Basic knowledge of HTML,
such as be able to write simple forms.
Please, note: if you use HTML editors like MS FrontPage, you
need to know HTML well enough to be able to edit pages
created by your program in a text editor such as Notepad or
Ultra Edit.
Web Browsers Capability
We cannot guarantee that all of our programs will work with
browsers other than Netscape 6+ and Internet Explorer. If any
particular browser, such as AOL, WebTV, CompuServe, etc. is
important for your site, please check our demos to make sure
that the program will work with the browser of your choice.
Limitation of Liability
IN NO EVENT WILL MHF Media BE LIABLE FOR
ANY DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF ITS
WEBSITE OR SOFTWARE, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
LOSS OF BUSINESS OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
DIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF MHF
Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion
or limitation of certain warranties and damages; therefore,
part of the provisions above may not apply to you.
You are only allowed to modify scripts if you purchase the
script you are modifying, however MHF Media will not be liable
for any damages resulting from use of modified scripts. You
may not modify with the intent of reselling our code unless
prior written approval is given by MHF Media.
You are allowed to use software products on one web site. If
you are interested in using our products on more than one
site, for more than one client or within more then one domain,
please e-mail us and we'll work out a licensing agreement.
Proprietary Protection
MHF Media shall have sole and exclusive ownership of all
right, title, and interest in and to the Licensed Program and
all modifications and enhancements thereof (including
ownership of all trade secrets and copyrights pertaining
thereto), subject only to the rights and privileges expressly
granted to you herein by MHF Media. This Agreement does not
provide you with title or ownership of the Licensed Program,
but only a right of limited use. You must keep the Licensed
Program free and clear of all claims, liens, and encumbrances.
Software Upgrade
Any Software updates that may be made available by MHF Media
from time to time will be supplied at MHF Media’s website
download area. MHF Media does not guarantee backward
compatibility with previous versions of software as it retains
the right to add, remove or modify any feature or function in
previous versions, at its sole discretion.
Restrictions
You may not use, copy, modify, or distribute the Licensed
Program (electronically or otherwise), or any copy,
adaptation, transcription, or merged portion thereof, except
as expressly authorized by MHF Media. Your rights may not be
transferred, leased, assigned, or sublicensed except for a
transfer of the Licensed Program in its entirety to (1) a
successor in interest of your entire business who assumes the
obligations of this Agreement or (2) any other party who is
reasonably acceptable to MHF Media, enters into a substitute
version of this Agreement, and pays an administrative fee
intended to cover attendant costs. No service bureau work,
multiple-user license, or time-sharing arrangement is
permitted, except as expressly authorized by MHF Media. If you
use, copy, or modify the Licensed Program or if you transfer
possession of any copy, adaptation, transcription, or merged
portion of the Licensed Program to any other party in any way
not expressly authorized by MHF Media, your license is
automatically terminated.
Display of Copyright and "Powered By" Notices Required
All copyright notices used throughout the program, within the
scripts and within the HTML that the scripts generate, MUST
remain intact. Furthermore, these notices, including "powered
by" wording that appears online, must remain visible to the
human eye. Your acceptance of this agreement also permits MHF
Media to list your Web site in promotional materials and/or on
our Web site, unless a special agreement is made prohibiting
such use.
Refund Policy
Please, look at all aspects of the software you are interested
in. We value customer satisfaction and will be happy to answer
all the questions regarding scripts you have purchased. We
cannot refund your purchase price if it does work as we
promise, but you decide that it is not something you want or
need. We will promptly refund purchase price, if you can run
custom CGI programs on your site and we fail to install
software on your server. We will be unable to refund purchase
price if you claim that program does not work but refuse to
provide us access to the server for free program installation
or troubleshooting.
Injunctive Relief
You acknowledge that, in the event of your breach of any of
the foregoing provisions, MHF Media will not have an adequate
remedy in money or damages. MHF Media shall therefore be
entitled to obtain an injunction against such breach from any
court of competent jurisdiction immediately upon request. MHF
Media's right to obtain injunctive relief shall not limit its
right to seek further remedies.
Governing Law
This License Agreement shall be construed and governed in
accordance with the laws of the State of Colorado, USA.
Costs of Litigation
If any action is brought by either party to this License
Agreement against the other party regarding the subject matter
hereof, the prevailing party shall be entitled to recover, in
addition to any other relief granted, reasonable attorney fees
and expenses of litigation.
Severability
Should any term of this License Agreement be declared void or
unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms
hereof.
No Waiver
The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by
that party as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
Integration
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF MHF
MEDIA'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES
ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY
OR ON BEHALF OF MHF MEDIA RELATING TO THE SUBJECT MATTER
HEREOF.