License Agreement
PLEASE READ THIS LICENSE CAREFULLY BEFORE PURCHASING OR USING THIS SOFTWARE. BY PURCHASING OR USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE.
The accompanying software source formally called MotorSport Admin ("Software") is licensed, not sold, to you (Licensee) by GTX World (Licensor) for use only under the terms of this License, and GTX World reserves any rights not expressly granted to you. You own the media on which the source is recorded or fixed, but GTX World and its licensors retain ownership of the source itself.
1. License.
This License allows Licensee a non-exclusive, non-transferable license to use Software for the sole purposes of: (i) incorporating Software into Licensee's own website(s) or server(s) for Licensee's internal or commercial use under the terms of this Agreement (collectively "Licensee's Software"), subject to the terms and conditions set forth herein.
2. Use and Restrictions.
(a) Software must be incorporated by Licensee as a service and may not be repackaged or resold under any form with the system license keys as an exception, which may be charged for as a service only and not as a separate good as detailed in clause (c) of this section.
(b) The Software contains open source in its human perceivable form and, to protect it, Licensee may not REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
(c) The intangible system license keys ("Key") that accompany Software and permit its installation can be resold as a service to Licensee's clients and resellers providing that Software is clearly identified as a GTX World / MotorSport Admin software. Under no circumstances can Licensee claim any rights or ownership to Software or Key both during the sale of Software or Key or their use thereafter.
(d) Keys generated during the installation of Software are bound to the installed domain permanently. Each domain name on which Software is installed requires a unique Key.
3. Termination.
This License is effective until terminated. This License will terminate immediately without notice from GTX World consulting or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the source, all accompanying written materials and all copies thereof, and Sections 4, 5, 6, and 7 will survive any termination.
4. Contracting Parties.
If the Software is installed on any computer owned by a corporation or other legal entity, then this Agreement is formed by and between GTX World and such entity. The individual executing this Agreement represents and warrants to GTX World that they have the authority to bind such entity to the terms and conditions of this Agreement.
5. Limitation of Remedies and Damages.
In no event will GTX World, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, direct, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use Software, actions performed by GTX World's staff over solicited support to Software and to you, or accompanying written materials, regardless of the basis of the claim and even if GTX World or a GTX World representative has been advised of the possibility of such damage.
6. Indemnity.
You, at your own expense, shall indemnify and hold harmless GTX World and its directors, officers, employees and agents (collectively, the "Indemnitee") against any and all claims, suits, actions, losses, liabilities, judgments, awards and costs (including costs of investigation and legal fees and expenses) arising out of or related to any immediate or third-party claim of any type that arises out of any action or inaction by GTX World and its operating staff, and any action or inaction by you your employees or agents with respect to your use, maintenance or possession of the Software.
7. Refund Policy
THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE LICENSED TO YOU AS IS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF Licensor FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER REASON. BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS. ATTEMPTS TO OPBTAIN REFUNDS IN VIOLATION OF THIS AGREEMENT, OR THE ACT OF FILING A DISPUTE WITH A THIRD PARTY PROCESSOR NOTWITHSTANDING ITS OUTCOME, WILL RESULT IN THE SUSPENSION OR TERMINATION OF YOUR LICENSE AT Licensor's DISCRETION.
8. Integration.
You acknowledge that you have read this Agreement in its entirety and understand and agree to be bound by all of its terms and conditions. This Agreement is the complete and exclusive statement of the understanding between you and GTX World and it supersedes any and all other communications between us, whether written or oral. Any prior agreements, promises, negotiations or representations related to Software not expressly set forth in this Agreement are of no force and effect.