This End User License Agreement (the “Agreement”) is a binding legal agreement between you and Appnitro Software (the “Author”). By installing or using MachForm Self-Hosted (the “Software”), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. Installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. The Author reserves the right to alter this agreement at any time, for any reason.
LICENSE GRANTS
The licenses granted in this section are subject to the terms and conditions set forth in this EULA:
- If the Software is “MachForm Standard”, the Author grants a non-exclusive, non-transferable license to install and use the Software on a single Website.
- If the Software is “MachForm Professional”, the Author grants a non-exclusive, non-transferable license to install and use the Software on a maximum of 10 (ten) Websites.
- If the Software is “MachForm Unlimited”, the Author grants a non-exclusive, non-transferable license to install and use the Software on an unlimited number of Websites.
The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.
Backups
You may make copies of the Software in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by the Author.
Restrictions
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Use the Software to provide services to others; such as the basis of a hosted form-building service, or any other services which is a direct competition against The Author;
- Distribute derivative works based on the Software;
- Reproduce the Software except as described in this Agreement;
- Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or its Source Code, in whole or in part, in any form to any third parties;
- Remove or alter any copyright notices on the Software (note: You may remove the “Powered by MachForm” footer from your forms).
- Use the Software in any site which endorse unlawful manner or for any unlawful purpose.
- Use the Software in any site which contains the following materials: Pornography, Gambling Transactions or Sports Gambling Prognostication.
SOFTWARE UpDATES
Each license allows you to receive free minor/major version updates for 1 year period.
Updates are provided for a term of 1 year from the time of purchase. After 1 year a support contract renewal will need to be purchased in order to continue receiving support and product updates.
Support
If you purchased a support contract, The Author will respond to your requests for technical support during the term of your support contract.
To reach customer support services, please contact Appnitro Software by e-mail at customer.service@appnitro.com. We generally respond to e-mails within one business day.
Support contracts run from year to year. You may purchase a support contract only for a full one-year term.We reserve the right to increase the price of our support contracts from year to year.
You acknowledge that the Software is inherently complex, that not all errors will be identifiable or be corrected and that the time it might take to correct errors may not be commercially reasonable. The Author provides support on a “best efforts” basis only and does not represent or warrant that it will be able to resolve every technical support request.
THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Support Scope
We provide technical support for the following:
- Installation / Upgrade of your MachForm
- Bugfixes of issue caused by MachForm
- General Usage Help and Howto
We DO NOT provide technical support for the following:
- Customize / modify MachForm to add new feature or custom functionality
- Troubleshooting issues caused by any custom modification
Term, Termination, and Modification.
You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled “No Warranty,” “Indemnification,” and “Limitation of Liability” will survive any termination of this Agreement.
The Author may modify the Software with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement.
The Software source code may be altered (at your own risk). However, modifying your source code may void the technical support portion of your support contract
Indemnification
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software to the extent permitted by applicable law.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
Definitions
Definition of Website
A “Website” is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of the Author.
Definition of Source Code
The “Source Code” is defined as the contents of all HTML, CSS, JavaScript, and PHP files provided with the Software and includes all related image files and database schemas.