SBCMS End User License

READ CAREFulLY: This License Agreement is a legal agreement between you (either an individual or a single entity (company or business)) and enflexion PTY LTD for the Sliced Bread Content Management software and or associated modules accompanying this License agreement, which includes computer software and may include associated media, printed materials, and online or electronic documentation. By exercising your rights to make and use this software product, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, you may not use the software product.

USE

You (an entity or a person) can make use of the software identified above (the "Software") in the quantity purchased if you meet the following conditions:

The license grants the nonexclusive, nontransferable license to use the Software on a single internet server for the domain name for which it was purchased. One Internet domain name is:

http://www.yourdomainname.com

Separate licenses are required for sub domains i.e.:

http://subdomain.yourdomainname.com

Exceeding this limit is a violation of the product license.

SOFTWARE INSTALLATION

enflexion PTY LTD will use its best efforts to install the Software on Licensee's server. Due to factors outside of enflexion PTY LTD's control, including but not limited to server configuration and file availability, successful installation of the Software is not guaranteed on any servers other than those managed by enflexion PTY LTD. enflexion PTY LTD will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software.

Product Maintenance

enflexion PTY LTD is not obligated to provide Software maintenance. However, should enflexion PTY LTD elect to provide maintenance, then enflexion PTY LTD may charge a fee (in an amount determined by enflexion PTY LTD) for such products or services, or may waive said fee at its sole election. The parties agree that any maintenance to the Software shall be covered by any license agreement then required by enflexion PTY LTD, and if none is so required, then by this Agreement.

Product Support & Upgrades

Enflexion PTY LTD will provide product upgrades and telephone & email support for the first twelve (12) months after the license has been purchased. After this time period additional support & upgrade packages may be purchased by the Licensee in an amount determined by enflexion PTY LTD, or may waive said fee at its sole election. The parties agree that any support & upgrades to the Software shall be covered by any license agreement then required by enflexion PTY LTD, and if none is so required, then by this Agreement.

Support Limitation

Support is limited to the use of the software only and does not provide support for and form of professional services that may be required, including but not limited to:

  • Design
  • Management of online content.

Support is restricted to between the hours of 9AM 5PM Monday to Friday Australian Eastern Standard time.

Support is limited to two hours (2 hours) per initial twelve month period. Enflexion PTY LTD may increase this time period at its sole election.

Restrictions

You may not alter, merge, modify or adapt this Software in any way including disassembling or decompiling. This does not affect your rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs. You may not loan, rent, lease or license this Software or any copy. You may transfer the Software License provided you transfer the Software and all documentation and media and you do not retain any copies.

Copyright

All intellectual property rights in the Software and user documentation are owned by enflexion PTY LTD (unless otherwise indicated for opensource components bundled with the Software), and are protected by the Australian copyright laws, other applicable copyright laws and international treaty provisions. enflexion PTY LTD retains all rights not expressly granted.

Limited Warranty

The software product and documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the software product remains with the user. enflexion PTY LTD makes no warranty representation, either express or implied, with respect to the Software or user documentation, including their quality, performance, merchantability or fitness for a particular purpose.

The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No enflexion PTY LTD dealer, distributor, agent or employee is authorised to make any modification or addition to this warranty, save that nothing in it affects any rights you may have against us for death or personal injury caused by our negligence.

Limitation of Liability

Because software is inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies of your website and associated content. In no event will enflexion PTY LTD be liable for direct, indirect, special, incidental, cover or consequential damages arising out of the use of or inability to use the Software or user documentation, even if advised of the possibility of such damages. In no case shall enflexion PTY LTD's liability exceed the amount paid by you for the Software. To the extent that applicable law does not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, the above limitation may not apply to you.

Termination

enflexion PTY LTD may terminate this license agreement if you fail to comply with the terms and conditions of the license agreement. In such event, you must destroy all copies of the software and all of its component parts.

Last updated September 2010