END USER SOFTWARE LICENSE AGREEMENT
If you do not agree to the terms, discontinue using the Software immediately!
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.
- LICENSE GRANT
"You" means the person or company who is being licensed to use the Software ("the Software") and Documentation ("the Documentation"). "We," "us" and "our" mean SurveyMonster.com ("SurveyMonster"). We hereby grant you a nonexclusive license to use one copy of the Software, access for which may be in physical form or on our server.
We remain the owner of all rights, title and interest in the Software and Documentation, which includes and any related explanatory written materials, videos or audio files.
- RESELLING AND/OR RESALE RIGHTS
You do not have any resale rights whatsoever to the the Software, installer program, database, scripts, training, courses and/or information. Sites you create with the Software are for your own use, that is, you may not use the Software to create sites for others, whether for free or paid unless you have express written permission from Shopitect on a per project basis. You may not create a script with the Software to be sold as part of any product or service.
If you cannot abide by these terms, DO NOT BUY THE PRODUCT.
- ARCHIVAL OR BACKUP COPIES
You may copy the Sites made by the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
You agree to delete any and all copies of the Software and Documentation upon termination of this agreement.
- THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material. Including, but not limited to the following, you may not:
Copy the Documentation;
Copy the Software, either off our server or from physical media;
Allow any webmasters, programmers or web hosts to see the scripts on your server until you have made it clear to them that they do not have rights to the scripts;
Allow any webmasters, programmers, or web hosts to download the Software or a portion thereof to another computer except to work on a custom project for you. All information they have must be permanently deleted when they are done working for you and you must make that clear to them;
Allow any webmaster, programmer or web host access to the members area to have access to the software;
Show access to your source code to anyone other than your webmaster, programmer or web host for support purposes only;
Use the Software to make sites for others for free or paid service;
Use the Software to make sites to sell as part of any sale at all;
Allow anyone other than you to have any working access to these scripts on their sites;
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software;
Place the Software onto a server so that it is accessible via a public network such as the Internet; or
Sublicense, rent, lease or lend any portion of the Software or Documentation.
You may not hire, designate or subcontract an agent to run, manage, lease, sublicense or own sites that run the Software.
You may not transfer any rights to use the Software and/or Documentation to any other person or legal entity without express written permission from Shopitect.
- LIMITED WARRANTY
We warrant that for a period of 30 days after delivery of this copy of the Software to you that the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either return the price you paid, or update/repair/replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the state of Connecticut, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate the intellectual property rights of SurveyMonster and/or its affiliates, SurveyMonster and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Fairfield County, Connecticut. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Fairfield County, Connecticut, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
- GENERAL PROVISIONS
This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
SurveyMonster reserves the right, from time to time, with or without notice to you, to change the terms of this license agreement in our sole and absolute discretion.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
By using the Software, you signify your assent and agreement to the terms herein. If you do not agree to these terms, do not use the Software.
- RESTRICTIONS ON USE OF MATERIALS
The Software and accompanying materials are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of SurveyMonster or of other owners used with their permission.
Any trade secrets about SurveyMonster or the contents of the materials or the function of the Software cannot be shared by you with any person who is not also a paid customer of the same Software from SurveyMonster, whether free or paid by you. You may not create reports, articles, reviews, etc. about the materials and/or the Software, and you may not speak on the topic for profit or free without express written permission by SurveyMonster.
Materials made available by SurveyMonster are provided "as is" and without warranties of any kind either express or implied. SurveyMonster disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SurveyMonster does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. SurveyMonster does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not SurveyMonster) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall SurveyMonster be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if SurveyMonster or a SurveyMonster authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SurveyMonster's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the site or using the Software.
Facts and information at any SurveyMonster website are believed to be accurate at the time they were placed on the website(s). Changes may be made at any time without prior notice. Any data provided on a SurveyMonster website is to be used for information purposes only. The information contained on the website(s) and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on the website(s) are only offered in jurisdictions where they may be legally offered. Information provided on our website(s) is not all-inclusive, and is limited to information that is made available to SurveyMonster and such information should not be relied upon as all-inclusive or accurate.
- LINKS AND MARKS
SurveyMonster is not necessarily affiliated with websites that may be linked to any SurveyMonster website, and SurveyMonster is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of SurveyMonster and its subsidiaries and affiliates, do not imply the endorsement or approval of such websites, products, services or publications by SurveyMonster or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases on any SurveyMonster website may constitute trade names, trademarks or service marks of SurveyMonster or of other entities. The display of trademarks on a SurveyMonster website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could be subject to legal action.
- CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password which you may have received from SurveyMonster, and all information to which you have access through password-protected areas of SurveyMonster's website(s) and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
- OTHER LEGAL STUFF
These terms and the license granted may not be assigned or sublet by you without prior written consent by SurveyMonster.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Your license to use the software will terminate immediately without notice at SurveyMonster's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination of your license, you must destroy all materials obtained from any and all SurveyMonster website(s) and all related Documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.
- CANCELLATION POLICY
If you wish to cancel your order and get a refund within 30 days from purchase, go to our Support Center at http://thinkbigsupport.com. If you were shipped a physical product, you will not receive a refund unless the merchandise is returned to SurveyMonster as directed, with all associated physical materials in its original package.
If you receive a refund, you must return any physical version(s) of the Software and all associated physical materials in the original package, and you may not keep any backups of the materials, whether digital or hard copy. You must delete all copies you made of digital information and hard copy, which includes, but is not limited to, the Software files, installer program, database and documentation from any computers where it may be. You and/or any of your site users must immediately stop using the Software, wherever it may be deployed, installed, stored or backed up, in whole or in part, and you must delete it from any public-facing areas.
If you file a chargeback with your credit card, it does not guarantee you a refund. In fact, it may take 30 – 120 days just to get a response back from your credit card company and you may find out ultimately that your credit card company denied your refund. Also note that chargebacks do not cancel you from our system, so you may continue to be billed again the following month. We will fight all chargebacks. We are assessed a $30 chargeback fee when you file. If we win the dispute, not only will you not get your money back, but we may also charge you a $30 fee to your credit card for the chargeback as well as a $250 charge for administration fee. If you wish to cancel, please avoid wasting time and money by filing your request responsibly as directed above.