90 SecondWebsite Builder / BlackWire Marketing, LLC End-User License Agreement ("EULA" )
IMPORTANT- READ CAREFULLY:
This 90 Second Website Builder End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BlackWire Marketing, LLC for the 90 Second Website software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA.
Software Product License
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software product. The Software product is licensed, and therefore includes a NON-REFUNDABLE licensing fee. The Software product is owned and copyrighted by Pablo Software Solutions and its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. BlackWire Marketing, LLC has been granted the right to resell the software through an arrangement with Pablo Software Solutions. PSS is not required or responsible to provide support for this product. All BlackWire Marketing, LLC customers receive their support from BlackWire Marketing, LLC directly. Pablo Software Solutions will not process refunds for the purchase of this software as it is a uniquely licensed product. BlackWire Marketing, LLC will replace any damaged physical veriosn of the product (CD-ROM, etc.) upon request of a licensed purchaser. The purchase of 90 Second Website Builder may be refunded within 30 days of purchase less shipping and handling for physical product orders and less a licensing fee of $15.00 which is the non-refundable portion of the software purchase.
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Limit of Liability
BlackWire Marketing, LLC is not, and will not, be held liable for any conduct associated with your use of this program, for your advertising activity, nor for any content posted using the 90 Second Website Builder software.
The user must assume the entire risk of using the software. BlackWire Marketing, LLC is not to be held,and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this software. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.
License Grant
BlackWire Marketing, LLC grants your company a license to use the Software. Users or license owners may not give non license holders access to or permission to modify the software.
Ownership
The Software is owned and copyrighted by Pablo Software Solutions and/or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights of the Software.
Software Transfer
You may NOT transfer your usage rights under this EULA, (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), to any recipient.
Unauthorized Use
These software/hardware systems are not to be used for presenting irrelevant, misleading or Illegal Activities. BlackWire Marketing, LLC reserves the right to cancel all product support and future updates without any monetary refund if you violate any of license agreements or terms and conditions.
Termination
BlackWire Marketing, LLC may terminate your license upon notice for failure to comply with any of these License Terms and Conditions. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
Installation
It is your responsibility to check the computer system requirements and specifications prior to placing your order. 90 Second Website Builder is NOT compatible with Mac OS.
Affiliates and Commissions
Qualified affiliates for 90 Second Website Builder earn a commission of 50% of the selling price not including shipping fees (if applicable). Affiliate payments are made to qualifying affiliates on the last calendar day of the month for sales up through the previous calendar month. If an affiliate's commission balance is under $100.00, the commission balances are rolled over into the next monthly cycle. Affiliates with commission balances of less than $100.00 may request a commission payment if their balance of less than $100.00 has been carried for 90 days or more. That request can be made via email by contacting: support@90secondwebsitebuilder.com
Refunds
All purchases and transaction include a NON-REFUNDABLE Software License Activation Fee of Fifteen Dollars ($15.00). Refunds are not given for shipping and handling costs. Damaged CD-ROMS can be replaced at no additional charge upon request.
Refund requests must be mailed to:
Black Wire Marketing LLC
Dept: 90
220 E. 11th Ave. Suite #1
Eugene, OR 97401
Refund Requests must include FULL NAME, Address, Activation Code and Registration Email and Method of Payment to ensure proper refund credit.
Refunds are not given for inability to meet hardware or software requirements for which the requirements are clearly listed on the website and instructions are provided. If you have problems installing the license software we provide installation instructions you are responsible to follow.
LIMITED WARRANTY
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BlackWire Marketing, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BlackWire Marketing, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AD SERVER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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