Software License Agreement

Software License Agreement
Terms of Use
Distribution
This XLEcom software is not to be distributed, redistributed, or resold to any other party without permission of the developer, Sam Raheb. The term party includes individuals, groups, businesses, organizations, and educational institutions. If additional copies of this program are required, then they can be obtained at XLEcom's web site http://xlecom.com.

Individual License Agreement
This program is only licensed to a single registered user. A user is defined as an individual person. This program is only to be used by this individual for his or her own personal or company's website(s). It is not to be used in a commercial environment. A commercial environment would typically include Webmasters, Web Designers, and Web Hosting services that offer free or fee based web development services to others.

You cannot use any part of this program, including the Excel files, images, html files, and XLEcom's generated output in any way to create, implement, change, or augment any type of Ecommerce solution, or web sites, or part of a web site for other parties or businesses unless you obtain a Commercial or Site License.

Under the Individual License agreement, others may utilize and share a single instance of the program on one computer. Copies of the program cannot be used on or accessed from more than one computer without purchasing additional Licenses.

Commercial License Agreement
To utilize XLEcom in a commercial environment, which includes Webmasters, Web Designers, and Web Hosting services that offer free or fee based web development services to others, then one needs to obtain either (1) Multiple Individual Licenses, (2) a Commercial License or (3) a Site License as outlined below.

(1) Multiple Individual Licenses - Purchase a separate Individual License for each client, customer, or website.

(2) Purchase a Commercial License for individual users that offer free or fee based web development services such as a Webmaster or Web Designer.

Under a Commercial License you can create websites for your Clients as a in a Webmaster role but are not allowed to give or distribute them a copy of the registered XLEcom program. If your Clients want to manage their own site using the XLEcom program, then they or you need to purchase an Individual License for each Client. You can purchase a license for your Clients and incorporate the cost of the program in your web design fees. If you plan on acquiring a license for your Clients, then you need to supply both their company name and the name of an individual at the company for registration of the program.

Under the Commercial License agreement, others may utilize and share a single instance of the program on one computer. Copies of the program cannot be used on or accessed from more than one computer without purchasing additional Licenses.

(3) Purchase a Site License. A Site License is required for companies that offer web design services on a large-scale basis compared to the smaller individual Webmasters and Web Designers. Examples businesses would be a Web Hosting or a prominent Web Site Design company.

Under all License Agreements, this program is not to be placed on or utilized from the Internet.

Shareware
This Shareware program is provided for evaluation purposes only. It is almost fully functional as the registered version of this program except for a few minor changes. This program will also periodically prompt the user to register this shareware version. The periodical registration screen prompt is similar to the standard gray colored Excel alert popup message. After an extended amount of usage without registering the program, a new larger full color registration screen prompt will be displayed every time a custom utility function associated with this program is accessed or utilized. If the user continues to use this shareware program after many repeated full color registration screen prompt attempts, the program will then close and stop functioning.

Upon registration, this shareware program will be converted to a fully operational registered program with all registration screen prompts removed and full features restored.

Software License and Limited Warranty
This is a legally binding agreement between you and Sam Raheb. By installing and / or using this software, you are agreeing to become bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not use this software.

Grant of License. Sam Raheb grants to you a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this Agreement. You may use the Software on a single computer. If you have purchased a site license, you may use the Software on the number of computers defined by and in accordance with the site license.

Upgrades. If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supercedes any prior Agreements. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. You may not have a previous version and the related upgrade version installed on separate computers at any time.

Ownership of Software. Sam Raheb retains the copyright, title and ownership of the Software and the written materials.

Copies. You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. No other copying is permitted. You may not distribute copies of the Software or accompanying written materials to others.

Transfers. You may transfer the Software to another person provided that you notify Sam Raheb of the transfer and the person to whom you transfer the Software agrees to be bound by this Agreement. You may also transfer the Software from one of your computers to another. Upon a transfer, you must remove all copies of the Software from the computer from which it was transferred. Upon a transfer to a third party you must destroy all backups. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary basis.

Termination. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Sam Raheb if you fail to comply with any provision of this Agreement. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any.

Limited Warranty. Sam Raheb's authorized dealers warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, Sam Raheb's authorized dealers sole liability shall be to (a) replace the defective media or (b) refund the purchase price, at Sam Raheb's authorized dealers option. You must return the Software to Sam Raheb's authorized dealers with your dated invoice during the 90-day warranty period in order to receive a refund or replacement.

Disclaimer of Warranties. Sam Raheb and his authorized dealers disclaims all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and no infringement.  Other warranties excluded. Sam Raheb and his authorized dealers shall not be liable for any direct, indirect, consequential, exemplary, punitive or incidental damages arising from any cause even if Sam Raheb and his authorized dealers have been advised of the possibility of such damages. Certain jurisdictions do not permit the limitation or exclusion of incidental damages, so this limitation may not apply to you. In no event will Sam Raheb and his authorized dealers be liable for any amount greater than what you actually paid for the software. Should any other warranties be found to exist, such warranties shall be limited in duration to thirty (30) days following the date you receive the software.

Export Laws. You agree that you will not export the Software or documentation except in compliance with the laws and regulations of the United States.

US Government Restricted Rights. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor / manufacturer is Sam Raheb.

Acknowledgments
Microsoft, Windows, Windows NT, Excel are either trademarks or registered trademarks of Microsoft Corporation in the United States and / or other countries. Microsoft Corporation's web site: http://www.microsoft.com

Paypal is and eBay company and is either a trademark or registered trademark of PayPal.com and eBay Inc. in the United States and / or other countries. Payal's web site: http://www.paypal.com

Mal's e-commerce is either a trademark or registered trademark of Mal's e-commerce in the United States and / or other countries. Mal's e-commerce web site: http://www.mals-e.com

©2003-2005 Sam Raheb. All rights reserved. All other trademarks and registered trademarks are the sole property of their respective owners.