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XD2 Terms of Use & Licence Agreement


PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.

The terms “XD2” or “Us” or “We” refers to the developer of the software namely David Dowdall t/a XD2 and any additional developers, support staff or general sub-contractors.

The term “You” or “The User” or “End User” refers to you yourself or the company you represent while using this website or any of our software.

If you are obtaining the software as defined below on behalf of a company, you acknowledge that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between XD2 and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.

If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not purchase, download, install or continue to use the software, website or any associated material.

PROPRIETARY RIGHTS AND CONDITIONS:
All rights, title and interest including, but not limited to, copyright and other intellectual property rights in and to the website and software (including but not limited to all XHTML, CSS, PHP, JavaScript, graphic/image, and text files) are owned by XD2. Such rights are protected by copyright laws, other applicable copyright laws, and international treaty provisions. XD2. retains all rights not expressly granted herein.

You may not redistribute, sell, de-compile, reverse engineer, or disassemble any part of the website or software. (permission is granted to view/modify the source code contained within the “template” files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from XD2. XD2. reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.

LICENSES:
Each copy of the software must have it's own (separate) license and be registered with XD2. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses.� Individual software licenses are only valid when registered to a Domain/URL. This license does not grant any reseller privileges.

DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. XD2. specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will XD2 or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.

RETURN POLICY:
ALL software available on this or any other website within the XD2 network unless specifically stated or that is not specifically referred to as "trial software", or that includes the "source code", cannot be returned for a refund. Should you experience a problem with any purchased software, XD2 offers support services to assist with any technical issues. There are no refunds on installation, design or custom services or on any software that has been installed, downloaded, or emailed to you.

SUPPORT SERVICES:
Some of the software and services purchased from XD2 may include support. Most free support is available through our website/email, unless otherwise specified. If you require more advanced technical support or require telephone assistance, additional consulting services or require a more advanced support package. We reserve the right to change our support policy at anytime.

INSTALLATION:
You must make every attempt to safeguard your data and other files during installation, when using, upgrading or installing any software or update. XD2 does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks should be backed up on a regular basis and should always be backed up before you begin any installation, modification or upgrade tasks.

GENERAL DISCLAIMER:
XD2 neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. XD2, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.

Updated: 08/04/2008