Shoppe Pro Software Service & License Agreement
This Service Agreement (“Software Service Agreement”) is a legal agreement between Customer (either an individual or a single entity) (referred to herein as “Customer”) and Shoppe Pro Web Hosting, Inc (“Company “). By using Shoppe Pro Software, (including, but not limited to “Shoppe Pro Site Builder“ and “Shoppe Pro Ultimate“), Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not sign up for Shoppe Pro services. This Agreement constitutes the entire agreement between Customer and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the web site, the content, or services provided by or through the web site, and the subject matter of this Agreement. Company may amend this Agreement at any time, without specific notice to Customer. The latest Agreement will be posted on the Site, and Customer should review this Agreement prior to using the Software.
By Company installing this software, Customer agrees to and understands that the Company’s Programs “Shoppe Pro Site Builder” and “Shoppe Pro Ultimate” are copyrighted and logos are trademarked.
Company hereby grants to Customer, and Customer accepts, a nonexclusive license to use Shoppe Pro Software Service, object code form only (collectively referred to as the “Software” and “Program”), and any accompanying User Documentation, only as authorized in this License Agreement. The Software may be used on any one website owned by Customer, or if Customer is a company or corporation, any one website owned by Customer company or corporation.
Ownership of Website Content
Customer agrees that Company has no proprietary or other interested in Customer’s content. By offering hosting of Customer’s content, Company does not publish or otherwise provide Customer’s content to end users. Customer is solely responsible for all text, graphics, data and any aspect of Customer’s website content. Customer warrants that it owns or has the right to use and offer the content on its website.
Company warrants to Customer benefit alone, that the Software conforms in all material respects to the specifications for the current version of the Software. This warranty is expressly conditioned on Customer’s observance of the operating, security, and data-control procedures set forth in the Owners Manual. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CUSTOMER DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANT ABILITY OR FITNESS FOR A PARTICULAR USE.
Company 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 Customer herein by Company . This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use. Customer must keep the Licensed Program free and clear of all claims, liens, and encumbrances.
Customer may not use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Company. Customer rights may not be transferred, leased, assigned, or sub-licensed, except for a transfer of the Licensed Program in its entirety to (1) a successor in interest of Customer’s entire business who assumes the obligations of this Agreement or (2) any other party who is reasonably acceptable to Company, enters into a substitute version of this Agreement. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by Company.
Customer acknowledges that, in the event of Customer breach of any of the foregoing provisions, Company will not have an adequate remedy in money or damages. Company shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Company’s right to obtain injunctive relief shall not limit its right to seek further remedies.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect this Software Service Agreement. This Agreement does not transfer any right, title or interest in the Shoppe Pro Software to Customer except as specifically set forth herein.
All title and copyrights in and to the Shoppe Pro Software (including but not limited to any scripts, images, photographs, and copy into the Shoppe Pro Software), the accompanying printed materials, are owned by Company, and copyright laws and international treaty provisions protect Shoppe Pro Software. Therefore, Customer must treat the Shoppe Pro Software like any other copyrighted material.