HERETOHOST LLC. SOFTWARE LICENSE AGREEMENT:

PLEASE READ BECAUSE ITS IMPORTANT:
BY PURCHASING AND THEN DOWNLOADING (RECEIVING), 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 this 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 HERETOHOST LLC. and the company in accordance with the terms of this agreement.

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, JavaScript, php, graphic/image, and text files) are owned by HERETOHOST LLC. Such rights are protected by International Copyright Laws, other applicable copyright laws, and international treaty provisions. HERETOHOST LLC. retains all rights not expressly granted or accounted for herein.

DISTRIBUTION:

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission may be granted in some versions to view/modify the source code contained within the "html", "php", and "flash" 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 HERETOHOST LLC. HERETOHOST LLC. 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 our software must be recognized as an individually licensed item and as such it is agreed to have it's own (separate) license and be registered with HERETOHOST LLC. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses unless you are an authorized dealer or reseller and have made necessary provisions to extend said licenses. Individual software licenses are only valid when registered to a domain/url or person (company or otherwise). This license does not grant any reseller privileges. Some products are domain locked to a specific URL and may require either Zend or IonCube encoder software to be present on your server. Some software is developed under license agreement with third party companies and distributed accordingly.

Flash Image Rotator: JW IMAGE ROTATOR is released under Creative Commons and Commercial Licenses. The license version then applicable to some of our software we produce is a Commercial License. The said Commercial License has been purchased and granted for "Unlimited Distribution" in accordance to the licensing terms of Jeroen Wijering. This license is not transferable to any subsequent end user or reseller and our software is developed in accordance to the said license agreement with Jeroen Wijering. It is therefore stated that software products developed or sold by HERETOHOST LLC. that use the JW IMAGE ROTATOR are developed, licensed and sold under the terms of the SLDA (Software Licensing and Distribution Agreement) set forth by Jeroen Wijering. Proof of commercial license may be granted upon written request.

OpenRealty®: OPEN REALTY® is released under its own license and may be viewed by visiting http://open-realty.org/license_info.html Our software products may be dependant on form and function to Open Realty® in the form of modifications, addons, or other products that neither Open Realty® nor Transparent Technologies is responsible for in terms of licensing. Open Realty® is an independent software development of Transparent Technologies and all license, rights and usage of their products are licensed solely by Transparent Technologies. Products we maintain or develop for use in Open Realty® are therefore licensed separately and independently and not in any way part of Open Realty®

Flash® is the licensed tradename and software product of Adobe Software.

Templates and Themes; Templates and Themes for assorted third party products are considered by HERETOHOST LLC. to be software products and are licensed as such. Templates and Themes remain intellectual property of HERETOHOST LLC. and are licensed as software individually or as reseller items. Custom Templates and Themes specific to any particular client is also considered a licensed product and the terms and conditions set forth herein apply.

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 HERETOHOST LLC. Each server license is issued to one (1) physical computer/server. Each server that contains the software, or any portion thereof, must have it's 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. HERETOHOST LLC. specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose. HERETOHOST LLC. makes no additional licenses or warranties for any products used in the production of our software.

LIMITATION OF LIABILITY:

Except to the extent prohibited by local law, in no event will HERETOHOST LLC.., 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. Updates and bug fixes to subsequent releases is not to be characterized as recognition of previously known issues prior to release unless specifically stated as such. Alpha, Beta, RC (release candidate) and Final are terms we use to describe stages of development only and are in no way guarantees of quality or stability set forth therein.

SOFTWARE RETURN POLICY:

Software (including but not limited to all html, php, flash, graphic/image, and text files) 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, HERETOHOST LLC. offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.

SUPPORT SERVICES:

Some software and services purchased from HERETOHOST LLC. may include limited free 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 a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, click on "Contact Us" and follow the links to "Technical Support".

INSTALLATION - CONFIGURATION:

You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. HERETOHOST LLC. 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 PHP / MySQL / Linux) should be backed up on a regular basis and should always be backed up before you begin any installation tasks. It is therefore agreed that you and you alone take responsibility for the backup of your system or site prior to installation and use of our software products.

OPTIONAL INSTALLATION SERVICE:

If you have purchased the optional installation service, HERETOHOST LLC. will install the software onto your web server. Our technicians will then test the online application and administrative features should such features exist. 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 including backup of recovery points unless expressly agreed upon. 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 HERETOHOST LLC. 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 HERETOHOST LLC. is called for service or installation. We are not responsible for any loss of data.

GENERAL DISCLAIMER:

HERETOHOST LLC. 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. HERETOHOST LLC., 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.

Under no circumstances has HERETOHOST LLC. granted you extended rights for products above mentioned or used in the production of our software. Under no circumstances has HERETOHOST LLC. represented authorization to distribute third party products where it is not expressly stated as such and if you or other users redistribute any software it is your sole responsibilty for adherance to license terms and conditions of those products. We CHANGE NONE of those licenses and we EXTEND NONE of those licenses.

This version of the software agreement was drafted Nov-2007 and all previous software agreements are recognized as valid where extended in previous releases but not in current releases. Older versions of the agreement are no longer used and software developed by HERETOHOST LLC. after November 2007 will be subject to this agreement even if upgrading from previous version that may have had older versions of the agreement. By upgrading you therefore recognize and agree that these terms and conditions set forth now apply and render previous versions of software license extended by HERETOHOST LLC. null or void in accordance to provisions of Law.

Questions or concerns should be expressed prior to acceptance by contacting HERETOHOST LLC.. Acceptance is said when product is purchased or secured by transfer to you even if not used.