End user agreement for QuickMenu
Carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
1. License: Our website grants you three possible types of licenses to use our menu templates and other products (the "products") sold through our website in accordance with these Terms and Conditions (the "license") issued by our company, as follows:
* Single Site License - The software may be used by any number of developers on the registered domain (or local intranet address) and optional development domain.
* Three Site License - The software may be used by any number of developers on the registered domains (or local intranet addresses) and optional development domain.
* Unlimited Site License - The software may be used by a single developer on an unlimited number of domains (or local intranet addresses).
2. Trial Downloads: Each of our products are available as fully functional trial downloads, allowing for potential customers to fully test the product in their environment prior to purchase. The only limitation in the trial download of each of the products is that it will display a purchase reminder on your webpage when published to a live intranet or internet address. Purchasing a license will provide you with an unlock statement to remove the purchase reminder from the trial implementation.
3. Modifications: You are authorized to make any necessary modifications to the appearance of the provided templates. You may not however disassemble, decompile, or redistribute the menu's source code or visual interface in anyway.
4. Delivery: After we have successfully received your payment, an unlock code will be emailed to the email address you registered the product with. This email will contain your Customer ID and instructions for successfully unlocking the trial download of the product. Orders are processed manually in house by OpenCube employees during normal business hours (Monday through Friday from 9AM to 5PM Eastern Time). It may take up to 1 hour to receive your unlock email, however most transactions are processed within fifteen minutes. If you do not receive the email after this time period, please contact us directly for further assistance.
5. Assignability: You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Opencube.com
6. Ownership: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Opencube.com. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
7. Use of Content: You acknowledge that the site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer.
8. Warranty: Opencube.com does not warranty or guarantee the products in any manner. We cannot guarantee they will function with all 3rd party components as there is currently no certification process for such components. Browser compatibility is assured for the listed browsers, however all add-ons cannot be guaranteed to work in all environments. Please ensure that the browsers you use will work with your implementations as we can not guarantee that all Opencube.com implementations will work with all browser combinations.
9. Support: Opencube.com offers these templates and designs ‘as is’, with no implied meaning that they will function exactly as you wish or with all 3rd party components. We do offer direct support for our products via email and telephone for product related questions. A public forum is also available to members. Opencube.com does not commit to monitor these forums, but we reserve the right to respond and answer questions. While we will attempt to assist with conflicts caused by third party components, we cannot always guarantee resolutions to problems that arise from third party components.
10. Updates: All products sold through Opencube.com will include free updates for the version of the product purchased. This means that any updates (including bug fixes, feature updates, etc...) that are released within the major version of the product you purchased will be provided at no additional charge. A major version is designated by the first number listed in the release. For example, release 6.5.1, is consider a version 6 release. If you purchased a version 6 license, all updates up to version 6.9.9 will be provided at no additional charge. Should the product go up in a major version number within thirty days of purchase, you are eligible to upgrade to that major release at no additional charge. After the thirty day grace period, registered users may upgrade to the newest major version of the product at a discounted rate. Please contact us directly for an upgrade quote.
As all of our products are available as fully funcitonal 'Try Before You Buy' downloads; Opencube.com is not able to provide refunds after a license has been purchased.
If you find a bug in our software, you can report it to us and we will attempt to fix it in the next product update. Finding or reporting a bug does not grant you the right to request a refund.
We do not issue refunds because:
* You did not fully evaluate the product in your environment with the fully functional trial download.
* You changed your mind on the purchase.
* You chose not to use the product.
* You lost your domain name or decided to change the domain name.
By completing your order and making payment, you agree that the sales staff of Opencube.com ('the management') will only provide refunds in exceptional circumstances within seven days of payment. The management reserves the right to decide what is deemed to be an exceptional circumstance.
Any service purchased that involves direct involvement of Opencube.com employees cannot be refunded. This includes but is not limited to custom menu implementations and designs.
THIS SOFTWARE IS PROVIDED BY Opencube.com ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OPENCUBE.COM, IT'S EMPLOYEES, OR OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.