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Sales-n-Stats Free Edition license agreement

Copyright © 2004-2008 Creative Development LLC <info@cdev.ru> All rights reserved.

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IMPORTANT: This edition of Sales-n-Stats software is provided free of charge and should not be sold. If you purchased this software please write us to licensing@sales-n-stats.com.

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT CREATIVE DEVELOPMENT, LLC REGISTERED IN ULYANOVSK, RUSSIAN FEDERATION (hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.

1. LICENSE GRANT

Upon the terms and conditions of this Agreement, the Author grants to you a nonexclusive, nontransferable license, without right of sublicense, to install and use the Software. The Software is licensed solely in object code format. This license allows you to install the Software to (i) monitor online visitors activity at your website (ii) provide live communication services for your visitors (iii) provide consultations, technical support and other customer services (iv) analyze the traffic and related activity on a website (v) collect and process data provided by visitors according to the privacy policy published at your website.

2. PROPERTY RIGHTS AND RESTRICTIONS

2.1 Ownership. The Software and all modifications or enhancements to the Software and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any modification, enhancement are and shall remain the sole and exclusive property of the Author. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.

2.2 Limited Rights. Pursuant to this Agreement, you may: a) install and use the Software for the purposes described in section 1; b) merge the Software with your website and third party programs using URL patterns, documented API, scripting language and other integration tools built in the Software; c) transfer the Software and license to another party if the other party agrees to accept the terms and conditions of this Agreement. You must provide the Author with the exact URL (Uniform Resource Locator) to the location of web based part of the Software (Data Collector script). Except as expressly set forth in this Agreement, you have no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the Software or to permit anyone else to do so.

2.3 Restrictions. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the Software. You may not tamper with, alter, or use the Software in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.4 Additional requirements. Each Live Help button or banner that invokes live chat or leave message functionality of the Software must contain a direct link to the site www.sales-n-stats.com. You may not remove, disable, modify, or tamper with such links that are included in predefined Live Help buttons. If you are creating a custom Live Help button or banner you must include a direct link to the www.sales-n-stats.com site.

2.5 Confidentiality. The Software contains valuable trade secrets and proprietary information belonging to Author. You shall keep this information secret and confidential. You may not distribute, disclose, or disseminate in any way or form the Software and any other contents of the Software distribution package to any third party without written permission of Author. You must impose the same obligation to your personnel, consultants and independent contractors.

3. TERM

The license is effective until terminated. You may terminate it at any other time by deleting the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete the Software together with all copies, modifications and merged portions in any form.

4. NO WARRANTY

THE SOFTWARE IS BEING SUPPLIED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. AUTHOR MAKES NO WARRANTIES REGARDING THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

5. EXCLUSION OF DAMAGES

IN NO EVENT WILL AUTHOR BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT OR THE USE OF THE SOFTWARE, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The Initial Developer of the Original Code is Creative Development LLC.
Portions created by Creative Development LCC are Copyright (C) 2004-2008
Creative Development LLC. All Rights Reserved.