End user agreement for 123 Live Help Server Software
END USER LICENSE AGREEMENT
Version 5.4, January 2012
Copyright(c) 2001-2012 TOPCMM Software Corp. All Rights Reserved.
IMPORTANT - 123LiveHelp END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND 123LiveHelp. PLEASE READ CAREFULLY BEFORE INSTALLING 123LiveHelp. The act of installing and using this software indicates your acceptance of the following License Agreement.
123LiveHelp is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The Buyer will enjoy free update and email support for 12 months. Details are defined in http://www.123flashchat.com/live-help-buy.html. After that, if you still need upgrade and technical help, you can pay yearly fee (30% of the original license fee) to extend your license. If you're fine with current version, you don't have to pay any more.
The Buyer's licensing rights don't grant The Buyer any right on the previous releases of 123LiveHelp.
1. GRANT OF LICENSE.
>> NON-REGISTERED USERS
Non-registered users are granted a trial version to evaluate 123LiveHelp. It is full-featured even with the video chat function, however there will be a trial version notification popup every 10 minutes.
123LIVEHELP is not free software. The free trial version is intended for personal use only and must not be used for commercial purposes, if the restriction is not followed, TopCMM reserves the rights to pursue all legal means for the missed payment.
If you find this 123LIVEHELP useful and want to use it without the restriction, you must make a registration payment. This registration fee will license one user to use one copy of 123LIVEHELP at any one time. When payment is received, you will be sent the corresponding version.
>> REGISTERED USERS
The AUTHORS (TOPCMM) grant you the non-exclusive right to use one copy of 123LiveHelp at any time. You may only make copies of 123LiveHelp for backup and archival purposes. Prohibit causing or permitting the reverse engineering, disassembly or de-compilation of the Products, except as expressly permitted by applicable law. Prohibit use of 123LiveHelp de-compilation in excess of the total number of concurrent users, domains, chat servers, physical servers and other limits as defined in the purchased license.
123LiveHelp Chat Software sells license and seat, the seat implies the concurrent connection of staff/operator (not of admin, nor of client). It's one-time Fee, not annually or monthly recurrent fee.
There are two types of licenses related to the 123LiveHelp Chat Software. The $599 package is text only while the $1599 package has video function. You can buy text license only and upgrade to the text and video package later when you need it.
The initial license includes one seat; more seats will cost $100 each. Volume purchase gets substantial discount. Buy 6 or more seats get 10% to 50% discount, and unlimited seats cost only $6000. You can buy additional seats at any time, as your business grows.
The license is bound with the one exclusive domain, the one exclusive IP for one company, and can't be resold or rent to other domains.
A unique license key will be issued for one domain name. Therefore, the license is not only on a per server basis, but also on a per domain basis.
The license information can be found in the "about" panel or in the admin panel-> License panel in the full version.
(1) Multiple Domains
If multiple domains need to share one license on one livehelp server, it costs an extra $100 setup fee to add each domain name to the access list from the second domain name, and the pre-condition is the multiple domain names belong to the same company. Otherwise an extra license is required. Unless multiple domain names direct to the same website, then TOPCMM can add them without extra charge.
(2) Domain Change
It's okay to change the domain name occasionally, write to firstname.lastname@example.org to request and the change will be arranged, a $50 service fee will be required. Once the binding between the new domain and the livehelp license is accomplished, the old domain won't be able to use the livehelp license any more. Frequent change of domain binding will involve extra charge, $100 per hour. And the domain change service will also be subject to the upgrade and tech support subscription period mentioned above.
You agree that TOPCMM may audit your use of 123LiveHelp for compliance with these terms at any time, upon reasonable intention.
The AUTHORS reserve all rights not expressly granted.
The license information can be found in the "about" panel or in the admin panel-> License panel in the full version ultimately.
The AUTHORS reserve all rights not expressly granted.
123LiveHelp is owned by TOPCMM and is protected by China and other countries' copyright laws and international treaty provisions.
Therefore The Buyer must treat 123LiveHelp like any other copyrighted material and not reproduce it except that The Buyer may either:
(a) Make internal copies of 123LiveHelp solely for backup or archival purposes, or
(b) Transfer 123LiveHelp internally to a hard disk provided The Buyer keep the original solely for backup or archival purposes.
Only the trial edition of this SOFTWARE may be freely distributed, and you must include all files in the original distribution.
You are prohibited from the distribution of 123LiveHelp full version or even charging a fee for it in any case.
You are prohibited from electronically transfer the Software from one computer to another or over a network.
4. NO WARRANTIES
The AUTHOR expressly disclaims any warranty for 123LiveHelp. 123LiveHelp AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCES OF THE 123LiveHelp PRODUCT REMAINS WITH YOU.
5. LIMIT OF LIABILITY
IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. TERM AND TERMINATION
The term of this license will begin with installation of this SOFTWARE. This license will automatically terminate upon your failure to comply with any of the terms of this agreement, whichever comes first. When this license ends, for whatever reason, you must destroy all copies of 123LiveHelp.
7. Refund Policy
Refunds will be given at the discretion of the Company Management, before ordering make sure you have read our FAQ carefully and consult with our live supporters about the system requirements. If there's any problem in using 123LiveHelp, we'd love to offer our technical solution to help you out, but you will not be guaranteed to a refund of any portion of the license fee.
All Rights reserved to:
TOPCMM Software Corp.
Building 155, No. 3800, Dushi Road, Cambridge Villa, Minhang Distric, Shanghai, China.