License & Agreement
Joomla HBS Software License Agreement
Joomla HBS Ltd.
IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND JOOMLA HBS LTD. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES. FOR JOOMLA HBS SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
THIS LICENSE SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY JOOMLA HBS LTD. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The Joomla HBS software (including any content), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Joomla HBS Software”) are licensed, not sold, to you by Joomla HBS Ltd. (“Joomla HBS”) for use only under the terms of this License, and Joomla HBS reserves all rights not expressly granted to you. The rights granted herein are limited to Joomla HBS’s and its licensors’ intellectual property rights in the Joomla HBS Software and do not include any other patents or intellectual property rights. You own the media on which the Joomla HBS Software is recorded but Joomla HBS and/or Joomla HBS’s licensor(s) retain ownership of the Joomla HBS Software itself. The terms of this License will govern any software upgrades provided by Joomla HBS that replace and/or supplement the original Joomla HBS Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the Joomla HBS Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions.
A. This License allows you to install and use one copy of the Joomla HBS Software on a single website at a time. This License does not allow the Joomla HBS Software to exist on more than one website at a time, and you may not make the Joomla HBS Software available over a network where it could be used by multiple computers at the same time.
B. Certain elements of the Joomla HBS Software, and third party open source programs included with the Joomla HBS Software, have been or may be made available by Joomla HBS on its web site (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that:
(i) the resultant modified Joomla HBS Software is used, in place of the unmodified Joomla HBS Software, on a single Joomla HBS -labeled computer; and
(ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Joomla HBS is not obligated to provide any maintenance, technical or other support for the resultant modified Joomla HBS Software.
C. The Joomla HBS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may make one copy of the Joomla HBS Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
D. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Joomla HBS Software or any part thereof. THE Joomla HBS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE Joomla HBS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Joomla HBS Software. You may, however, make a one-time permanent transfer of all of your license rights to the Joomla HBS Software (in its original form as provided by Joomla HBS) to another party, provided that: (a) the transfer must include all of the Joomla HBS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Joomla HBS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Joomla HBS Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any Joomla HBS Software that has been modified or replaced under Section 2B above. All components of the Joomla HBS Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Joomla HBS Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Joomla HBS Software retail package is labeled “Academic Single User”, you must be an Eligible Educational End User to use the Joomla HBS Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Joomla HBS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Joomla HBS Software and destroy all copies, full or partial, of the Joomla HBS Software.
5. Limited Warranty on Media. Joomla HBS warrants the media on which the Joomla HBS Software is recorded and delivered by Joomla HBS to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Joomla HBS option, a refund of the purchase price of the product containing the Joomla HBS Software or replacement of the Joomla HBS Software which is returned to Joomla HBS or an Joomla HBS authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Joomla HBS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Joomla HBS SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Joomla HBS AND Joomla HBS’s LICENSORS (COLLECTIVELY REFERRED TO AS “Joomla HBS” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Joomla HBS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Joomla HBS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Joomla HBS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE Joomla HBS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Joomla HBS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Joomla HBS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Joomla HBS OR AN Joomla HBS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Joomla HBS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Joomla HBS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Joomla HBS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Joomla HBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Joomla HBS total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty USD (50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You may not use or otherwise export or reexport the Joomla HBS Software except as authorized by United State law and the laws of the jurisdiction in which the Joomla HBS Software was obtained.
9. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Joomla HBS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Joomla HBS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
10. Third Party Software and Service Terms and Conditions. Portions of the Joomla HBS Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Joomla HBS Software, and your use of such material is governed by their respective terms.
11. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software. By installing or use this software, you agree to the terms of this Joomla HBS Software.
