Host-Racks End User License Agreement

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End User License Agreement (EULA)

This is the End User License Agreement (EULA) for products and services provided by Host-Racks.net, International Financial, Inc. (hereafter referred to as HRIF).
This includes, but is not limited to:

Website Hosting
Website Templates
Flash Components
Flash Animations
Database Website Modules
Virtual Stores
Any other product or service developed, licensed, sold, or given by HRIF or any of its representatives

General Terms

The download or use of your product indicates your acceptance of this EULA and warranty.
HRIF reserves all rights not expressly granted herein and the right to update this licensing agreement at any time.

HRIF grants you the non-exclusive, non-transferable license to:

Use the product on a single computer, web server, or single domain only, unless you receive express written consent from HRIF
Make a backup of the downloadable and all editable files made available to you from HRIF, solely for your own archive purposes.
Post the product to the web as per the licensing restrictions specified under the section "LICENSING RESTRICTIONS"
Use the web site for personal, business and/or professional use
Use of the website without having to link back to HRIF
As a part of a web development project for a single client on a single domain

What you are not licensed to do:

Post any part of the product for re-distribution whether for free or for sale.
Re-distribute any part of the product in another package, for sale, or free, apart from the original designed intent of the product.
Re-sell the stock product, unmodified. If doing a project for a client, you are permitted to sell your services in modifying the website template, and the license for the template. You are not permitted to sell the downloadable package as-is, and may only sell the license once, as each license is good for one domain only.
Modify the provided source files (including but not limited to: .fla, .png, .htm, .js, .css, .swi, .php, .asp files) for sale or distribution or sale in any shape or form, while claiming the modified source files as your own. HRIF holds the copyright on all source files.

Third party media sub-licensing:

Products that contain any media (images, source code, flash component, sound file) that is indicated as being licensed for use within the template from a third party, may not, under any circumstance, be used in any part but its intended use. For example: if an image is used within the flash movie, it may not be used in another area of the website, in print media, or any other form that is not a part of the original design of the product. Failure to do so may cause the user (You) to void the license of use of such media and open yourself to legal action from the original media owners. HRIF is not responsible for improper use of third-party media on the user's site.

Duration of License:

Use of the product is permitted indefinitely

Support and Service Restrictions

Support for the product is limited to 12 (twelve) months from the date of purchase, download, or installation.
Support of products using dynamic content source files (included but not limited to: .swi, .fla, .php, .asp, .mdb), such as flash components or database applications, is limited to unmodified source files. We cannot support or give advice for files or sections of files once, one or more of those files have been modified by the customer. Example, if you modify a dynamic .php or .asp file in a database application, we reserve the right to limit support to only those sections that we deem completely unrelated to the section that was modified.
We will not provide support if the user should change their graphic display resolution from the default setting to a custom setting. This specifically refers to the DPI setting which should be set no higher than 96dpi (by default) and not a higher dot-per-inch resolution. Some smaller images are set at 72dpi as per our third party license agreements.
Services included with the purchase of the product, such as free text logo modification, must be redeemed within 12 months. After 12 months, that service will no longer be redeemable and if requested will be billed for at our regular service rate.
We reserve the right to decline any customization request outside of the free text logo or graphic logo insertion.
Support for the product is invalidated if the customer is using a "cracked" or "pirated" piece of software. We absolutely will not help anyone who does not have a legitimate copy of the web editor software as "illegitimate/illegal" copies of web editor software will not be compatible and will break our product. If it is determined that you have edited our product with an "illegitimate/illegal" copy of your web editor software, we will not issue any further support unless you were to re-start your website from a fresh copy of the template, and with a fully legitimate/legal copy of your web editor application. If it is determined by HRIF that you are using a pirated copy of your web editor software, and that we have spent any quantity of time trying to debug the template due to the software not being "legitimate/legal", any further support will be billed at the appropriate rate -- this is non-negotiable. HRIF may also report your IP to the software manufacturer.

Licensing Restrictions
You are NOT permitted to use the product for the following uses:

for the dissemination of hate or hate literature or material
for the sale or trafficking of any illegal substance in any world market

You ARE permitted to use the product for the following uses (please see detailed information on each topic below):

personal/family website
business/educational website
non-profit organizations
self-replicating websites (you must purchase a license for each entity that is replicated)

If using product for personal/family website:

You may post the product at one (1) web domain only, and/or into as multiple sub-domain/sub-web (sub-folders) on that same domain as desired.

If using product for a business, an educational institution, or information portal:

You may post the product at one (1) web domain only
If you plan to use the template within separate sub-domains (such as domain1.myweb.com, domain2.myweb.com, etc) -- considered third-level-domains -- you must purchase a license for each of those sub-domains.
If you plan on having separate departments of the same company separately administer a sub-web for their own department, you must purchase a license for each of those sub-webs
If you have multiple domain names pointing to the same web (such that they are aliasing the original domain name), you do not need to purchase additional licensing for each domain name UNLESS you are specifically branding the pages as separate entities, or are setting up each domain with different keywords.

Specifically, if you request a logo for a page in a subfolder called "John's Webhosting" and then another for another folder "John's Carpentry" -- these are considered separate entities and would require a separate license if a different domain name points to each.
or
You have the same website, but aspects of the original site are different any particular way from the original site. This may include, but is not limited to, page titles, text, images, or pages included in site.

If using this product for a registered non-profit organization:

You may post the product at one (1) web domain only
Separate sub-webs and sub-domains are permitted without the need to purchase additional licenses.

If you are developing a "self-replicating" website:

You must purchase a license for each of your client's web areas.
Additional licenses can be purchased at discounted rates (25% off regular retail price). If you are interested in purchasing bulk licenses, please contact HRIF.

Governing Law

This agreement shall be governed by United States, and International Copyright Laws, International Treaty Provisions and the laws of Cook County, Illinois.
By accepting and installing any product purchased or leased from HRIF, you understand and agree to the terms and conditions of this license. If you do not agree to these terms, do not download, install, copy, or use this product.

Disclaimer of Warranty

All products, in part or in whole, are sold, leased, licensed, or in some cases given away, "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
Because of the various hardware and software environments into which products from HRIF may be installed, and your ability to use and understand the operation of your computer and installed software, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND IS OFFERED.
The user must assume the entire risk of using the product.
THE LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT ONLY.
HRIF is not responsible for the user's level of ability to use the software required to modify or use products sold by HRIF.
The user must assume responsibility for understanding any software or web hosting requirements prior to downloading the product. Requirements are posted on the product details page found at Host-Racks.net.
Unless express written statement is given by a representative of HRIF stating that HRIF will be hired for services, THE USER IS RESPONSIBLE FOR ANY AND ALL MODIFICATIONS OF THE PRODUCT. The only provision to this rule is in the case of the standard "Free Text Logo" modification for website template products which is a standard "explicitly promised" service.

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