END USER LICENSE AGREEMENT GENERAL YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASING AND USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY WPAUCTIONSOFTWARE.COM TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. WPAUCTIONSOFTWARE.COM RESERVES THE RIGHT TO CHANGE OR MODIFY THIS END USER LICENSE AGREEMENT/TERMS AND CONDITIONS WITH NO PRIOR NOTICE. NOTICE TO USER This End User License Agreement (EULA) is a CONTRACT between you (either an individual, company or a single entity) and WPAuctionSoftware.com, a MyAllenMedia, LLC Company, which covers your use of the WPAuctionSoftware.com software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by WPAuctionSoftware.com or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you areacknowledging and agreeing to be bound by the following terms: 1. GRANT OF NON-EXCLUSIVE LICENSE. (a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on one domain. You may not create derivative copies of theSoftware Product License. (b) Grant of License. Subject to a validly issued Software Product License, WPAuctionSoftware.com grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not create derivative copies of the SoftwareProduct. All rights not expressly granted to you are retained by WPAuctionSoftware.com. (c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product. (d) Backup Copy: Software Product License. You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software ProductLicense. 2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY WPAuctionSoftware.com. The Software Product is protected by the United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of WPAuctionSoftware.com. WPAuctionSoftware.com reservesall intellectual property rights, including copyrights, and trademark rights. 3. NO RIGHT TO TRANSFER. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without WPAuctionSoftware.com's written approval and subject towritten agreement by the recipient of the terms of this EULA. 4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law not with standingthis limitation. 5. SUPPORT SERVICES. WPAuctionSoftware.com may provide you with support services related to the Software Product. Use of any such support services is governed by the WPAuctionSoftware.com polices and programs described in "online" documentation and/or other WPAuctionSoftware.com-provided materials. Any supplemental software code or related WPAuctionSoftware.com products provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms andconditions of this EULA. With respect to any technical information you provide to WPAuctionSoftware.com as part of the support services, WPAuctionSoftware.com may use such information for its business purposes without restriction, including for product support and development. WPAuctionSoftware.com will not use such technical information in a form that personally identifies you. Any modifications (Custom Work) you make the the auction software you own and WPAuctionSoftware.com (MyAllenMedia, LLC) has no rights to use or market. 6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS. WPAuctionSoftware.com may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies ofthe Software upon termination of the License. 7. LIMITED/NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS", AND WPAUCTIONSOFTWARE.COM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPAUCTIONSOFTWARE.COM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. IF YOU FIND A PORTION OF THE SOFTWARE THAT IS NOT WORKING, PLEASE SUBMIT A SUPPORT TICKET AND WE WILL CORRECT THE PROBLEM GRANTED IT IS NOT RELATED TO YOUR HOSTING COMPANY. NOT ALL HOSTING COMPANIES ARE CONFIGURED THE SAME SO WE WILL WORK WITH YOU AND YOUR HOSTING COMPANY TO ADDRESS THE ISSUE. IF WE FIND THAT THE HOSTING COMPANY DOES NOT HAVE THE REQUIREMENTS FOR OUR SOFTWARE THEN WE WILL RECOMMEND ANOTHER HOSTING PROVIDER AT WHICH TIME YOU WOULD NEED TO SWITCH. WPAUCTIONSOFTWARE.COM IS NOT LIABLE FOR THE HOSTING COMPANY AND THEIR CONFIGURATION OF THEIR SERVER. 8. LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WPAUCTIONSOFTWARE.COM (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WPAUCTIONSOFTWARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WPAUCTIONSOFTWARE.COM's (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $1. 9. REFUNDS Due to the open-source nature of the software there are no refunds. It is very important that you go through the features and the demo to make sure that this software is what you are looking for. The demo is exactly the same software you are purchasing. There are no differences. There are no exceptions to this refund policy. All sales are final. Because all hosting companies have different configured servers, it is possible that some portion might not work properly. Please let us know and we will address the issue and resolve it as best we can. 10. PREMIUM WORDPRESS THEMES All Premium WordPress Themes are provided to our customers who purchase the Developer Package. Those that purchase the Pro Package will receive the theme that is on the demo. All the Premium WordPress Themes are provided by ElegantThemes.com. WPAuctionSoftware.com is not responsible for any of those themes. WPAuctionSoftware.com is also not responsible for damage to your site as a result of those Premium Themes. All updates to those themes are provided by ElegantThemes.com and is not the responsibility of WPAuctionSoftware.com. As a complimentary service, we provide you with access to those updates and themes. Keep in mind that any updated theme installation will overwrite your theme config. 11. GOVERNING LAW; ENTIRE AGREEMENT. This EULA is governed by the laws of the United States of America excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you andWPAuctionSoftware.com. 12. SUPPORT Support is offered to existing customers for as long as you use the software and own your domain. All bugs should be submitted to our support department for immediate resolution. If you find something is not working, please submit it to our support department. 13. CONTACT INFORMATION If you have any questions about this EULA, or if you want to contact WPAuctionSoftware.com for any reason, please direct all correspondence to: WPAuctionSoftware.com [email protected]