Toolbar Software license agreement

This is a legal agreement between you ("You" or " Licensee") and EvisionDeliver, Inc. (collectively "EVD" or " Licensor") This Agreement states the terms and conditions on which EVD offers to license Dynamic Browser Toolbar also known as Toolbar (the "Software") and the accompanying on-line, read-me and help files (the "Documentation") including, but not limited to, the executable programs, drivers, libraries and data files associated with the Software.

READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT INSTALL THE SOFTWARE OR, IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.

DEFINITIONS:

• Web Server: A computer, or cluster of computers where the Software will be installed for use in the operation of a single Web Site.
• A Web Site: A distinct internet address accessibly using the http protocol. a domain is not the same as a web site. For example, http://www.domain.com and http://sub.domain.com constitute two separate web sites under this Agreement. A Web Site can be located on either a single Web Server or multiple Web Servers.
• Documentation: The files including, but not limited to, the accompanying on-line read-me and help files.

Responsibility of Purchaser:
In order to purchase and use the Software, you must be at least 18 years of age. The Software is available to both people inside US and abroad and are void where prohibited by local governing laws. 
When the Software is "in use", when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard drive, CD-ROM or other storage device) of the computer or cluster of computers used for operation of the single Web Site, you agree to use your best efforts to prevent and protect the contents of the Software and Documentation from unauthorized disclosure or use..

Relationship of the Parties:
You and EVD are independent contractors, and nothing in this agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and EVD. You understand that you do not have authority to make or accept any offers or make any representations on behalf of EVD. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the Software.

Modifications:
EVD may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its Users. Users will be informed of any and all changes to this policy via an e-mail to their primary contact e-mail address provided upon purchasing the Software through QualityEBiz.com. If any modification is unacceptable to you, your only recourse is to terminate this agreement and to destroy the Software from your web server. Your continued usage of the Software following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.

COPYRIGHT:
The Software is owned by EVD and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording).

OWNERSHIP:
You agree that the Software and Documentation belong to EVD, and its licensors and you agree that you neither own nor hereby acquire any claim or right of ownership to the Software and Documentation or to any related patents, copyrights, trademarks or other intellectual property. EVD and its licensors retain all right, title and interest in and to the Documentation and all copies and the Software at all times, regardless of the form or media in or on which the original or other copies may subsequently exist, and reserves all rights not expressly granted to you. This license is not a sale of the original or any subsequent copy. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.

LICENSE CONDITIONS:
The Software and its related documentation are provided "AS IS" and without warranty of any kind and EVD expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall EVD be liable for any incidental, special, or consequential damages that result from the use or inability to use the Software or related documentation, even if EVD has been advised of the possibility of such damages. Examples of such damages may include but are not limited to hackers, spam, viruses, hardware failure, or software incompatibility. In no event shall EVD's liability exceed the license fee paid, if any.
This Software and the Documentation are licensed, not sold, to you. The license is not transferable to other Web Site. Subject to the terms of this agreement, you have a non-exclusive right to use the Software and Documentation only for educational, evaluation or personal purposes, or in support of licensee's business. You do not have a right to use the Software for purposes of resale, rental, or the like. This right is not transferable except as otherwise provided in this Agreement.

BACKUP AND PHYSICAL TRANSFER:
You may make one archival copy of the Software for backup purposes by including provided EVD's copyright notice. You may also install the Software on one additional development server for testing and setup purposes only when the additional server is not an active, not live website or not publicly available. Usage on additional development servers is permitted only with prior written consent from EVD. Any and all other copies of the Software and any copy of the Documentation made by you are in violation of this license. You may also physically transfer the Software from one Web Server to another. You are fully responsible to erase the Software (including any portion or copy thereof) on the first Web Server.

LICENSE:
You may not rent, lease, sell or otherwise transfer or distribute copies of the Software or Documentation to others, except as otherwise provided in the "LICENSE TRANSFER" section below. You may modify the Software with the prior written consent of EVD as necessary; however, you expressly agree that any such modification will immediately and automatically void any and all warranties and your obligations under this Agreement, and that EVD shall not be liable for any claim, damages or action resulting from the modification. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Software. You may not use EVD's name or other trademarks owned by EVD, to refer to EVD, or its trademarks directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of EVD for each such use. You may not release the results of any performance or functional evaluation of any Software to any third party without prior written approval of EVD for each such release.

LICENSE TRANSFER:
You understand that the Software is not transferable to another Web Site once the Software is installed in to a Web Server or once you receive a license key number to a Web Site. However, you may transfer teh ownership of the license to another individual. To request a transfer of the license ownership, you need to submit a written request with transferee's information through QualityEbiz.com's Online Support Center in advance and receives written consent to the transfer from licensor. The consent shall be expressly conditioned upon: (1) licensee's providing the written request by submitting a ticket through the QualityEbiz.com's Online Support Center; (2) The transferee agrees to be bound by all of the terms and conditions of this Agreement and licensee agrees to terminating all of its rights under the Agreement; and (3) transferee's advanced payment for a re-licensing fee to be determined by licensor.
Licensor is under no obligation to consent to any requested transfer and can refuse consent for any reason, however, the consent will not be unreasonably withheld and Licensor agrees to provide a written statement providing the reasons for any refusal. In the event of such a refusal the parties agree to conduct good faith negotiations in an effort to resolve the issue. If, after conducting said negotiations, the parties are unable to resolve the issue, licensee may request, at its sole cost, that the matter be submitted to an independent arbitrator selected by agreement between the parties and under procedures to be mutually agreed upon by the parties. Any attempt by licensee to sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations except as otherwise provide by this Agreement shall be void. The re-licensing fee may not exceed more than fifty (50) US dollars.
Licensee is responsible to include all necessary contact information of the new licensee in the written request of the license ownership transfer. The information EVD request is including, but not limited to, email address, and the legal name. Upon granting consent to a transfer, licensor will issue a new license number to the transferee and disable the original license number provided to the licensee.

SOFTWARE UPGRADES:
You agree that EVD is under no obligation to release product upgrades or maintenance releases, such as minor improvements, bug fixes, or patches. Any such releases will be at the sole discretion of EVD. In the event of the release of a Software upgrade or maintenance release, you will be entitled to an upgrade or maintenance within the Same Software Version at free of charge. "within the Same Software Version " refers to any sub-numbering within a primary Software Version (e.g., Primary version QualityPPC v1000, upgrade version QualityPPC v1001). The Different Software version may refer sub-title in Software name. Example, If the Software name is said "Power-QualityPPC", Power-QualityPPC refers a different Software from QualityPPC.
The Software upgrade may require including, but not limited to, to upgrade running applications of Web Server, to back up the older version of the Software, to perform re-configuration of the Web server. In the event, you decide to have EVD perform any application installation and/or configuration for you or on your behalf, EVD reserves the right to charge a fee, to be determined at EVD's discretion. EVD further reserves the right to require a fee in the event the nature of the upgrade or maintenance release is such that EVD determines that any performance should be performed solely by EVD. In the event of such a performance by EVD is required, EVD agrees to insure the quality of upgrade or maintenance release by performing a backup of your current system prior to any application of upgrade or maintenance release by EVD.

SUPPORT SERVICE:
EVD agrees to provide reasonable technical support through QualityEbiz.com's Online Support Center maintained by EVD and other licensee the Software and/or Documentation. EVD may, at its sole discretion, provide personal technical support, but EVD reserves the right to charge  hourly for such personal technical support. "personal technical support" refers to telephone support, electronic mail, or other online methods. You agree that any offer or actual provision of technical support by EVD does not constitute any warranty regarding the Software and/or Documentation except as otherwise provided in this Agreement. You agree that EVD may refuse to provide technical support when your Software is not the latest version publicly issued by EVD. The technical support service is divided in "Free" technical support service and "Paid" technical support service. EVD has the right to determine if the service is "Free" or "Paid" Service in our sole discretion.  The following are the list of examples of not included in Free technical support, including, but not limited to, inclusion of 1) When the issue occurred by user's modification on Software files, database tables, server configuration and template files. 2) Database management, 3) Server configuration except for the initial configuration service along with Software installation. 4) Future server changes or site moves, 5) Installation of PHP, MySQL, phpMyAdmin or any other server modules or Software other than the ones included in the software, 6) Custom changes in the functionality or design of the Software, 7) Fixing or reinstalling the software because of a change that your host had made, 8) Fixing or reinstalling the software because of a server crash, 9) Fixing or reinstalling the Software because of a change that you have made to the source code.

DISCLAIMER OF WARRANTY:
EVD does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. EVD provides the Software and the documentation without warranty of any kind, implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you and not EVD assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.

LIMITATION OR REMEDIES:
In no event will EVD be liable for any indirect damages or other relief arising out of your use or inability to use the Software including, by way of illustration and not limitation, lost profit, lost savings, lost business, lost opportunity, lost revenue, lost data, or any special, incidental or consequential or exemplary damages, including legal fees, arising out of such use or inability to use the Software, even if EVD, or an authorized EVD, dealer, distributor or supplier has been advised of the possibility of such damages, or for any claim by other party.

REFUSAL OD SALES:
We reserve the right to refuse to sale the Software at our sole discretion.

TERM AND TERMINATION:
This license is effective until terminated. You may terminate this license at any time by destroying the Software and Documentation and the permitted backup copy and the development server copy. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Software and Documentation, or return the original Software and Documentation to EVD, or EVD will terminate the license number issued to you to deactivate the Software, together with any other material you have received from EVD, in connection with the Software.