Software License Agreement

TYGER VALLEY SYSTEMS. SOFTWARE LICENSE 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.

If you are obtaining the software as defined below on behalf of a company, you represent 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 Tyger Valley Systems 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 use the software.

PROPRIETARY RIGHTS AND CONDITIONS:

All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, asp, aspx, dll, graphic/image, and text files) are owned by Tyger Valley Systems. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Tyger Valley Systems retains all rights not expressly granted herein.

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Tyger Valley Systems. Tyger Valley Systems 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.

OPTIONAL SERVER LICENSES:

If a “server” license is purchased, the software is considered licensed only when it resides on the licensed server, which must be registered with Tyger Valley Systems. Each server license is issued to one (1) physical computer/server. Each server that contains the software, or any portion thereof, must have its own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. 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. Tyger Valley Systems 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 Tyger Valley Systems, or its 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.

REFUND POLICY:

Should you experience a problem with any of the software services offered, Tyger Valley Systems offers support services to assist with any technical issues. Users of the software may at any time and for any reason request a refund of the available balance on their account, minus an administration fee of 30% of the amount available for refund, and minus any transaction charges, e.g. bank transfer costs. Users requesting a refund must exert every reasonable effort to assist Tyger Valley Systems to implement the refund, e.g. provide bank details, Paypal account details, etc.

SUPPORT SERVICES:

Some software and services purchased from Tyger Valley Systems may include limited free support. Unless stated otherwise, the free support is provided without guarantee, obligation or responsibility. If you require more advanced technical support, additional consulting services or a support plan may be required. We reserve the right to change our support policy at any time.

INSTALLATION AND DATA TRANSFER:

You must make every attempt to safeguard your data and other files during installation, when upgrading, when installing an update, or when requiring Tyger Valley Systems to do so on your behalf. Tyger Valley Systems does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to ScribeManager) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.

OPTIONAL INSTALLATION SERVICE:

If you have purchased the optional installation service, Tyger Valley Systems will install the software onto your web server. Our technicians will then test the online storefront and web admin. Installation includes basic configuration only, unless stated in writing prior to installation. We will not setup your items, categories, payment gateways, or any other elements. After we determine that the installation was successful, technical support is provided at the current technical support department hourly rate. By accepting our services, you acknowledge that Tyger Valley Systems is not responsible for any web hosting monthly fees, setup fees, or any other fees associated with the use or installation of our software or scripts. While we will make every attempt to safeguard data during installation or service, we do not assume responsibility for loss of data. Hard disks and all data on your server should be backed up on a regular basis and should always be backed up before Tyger Valley Systems is called for service or installation. We are not responsible for any loss of data.

GENERAL DISCLAIMER:

Tyger Valley Systems 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. Tyger Valley Systems, its 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.

OTHER

Tyger Valley Systems may use data from accounts for marketing purposes on infrequent occasions.