Absolute
Banner Manager XE
Web Based Banner Manager and Ad Tracking Software developed in classic ASP
License Agreement
This
License Agreement lets you install the product on one(1) computer for one(1)
domain / site and display banners for and from this same site. However, if
you want to install the application on multiple sites, multiple licenses will
be required. You can use your own logos with the application, however ALL
OF OUR COPYRIGHT NOTICES MUST REMAIN VISIBLE. YOU CANNOT RESELL, RENT, REBRAND
OR LEASE THIS APPLICATION. Doing so without our written permission will
result in legal prosecution.
For any question regarding the licensing terms, please contact
us
Absolute Banner Manager XE V2.0
Installation on one (1) domain for one (1) site
XIGLA SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity)
and XIGLA SOFTWARE ("XIGLA") for the XIGLA software product identified
above, 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. If you do not agree to the
terms of this EULA, you may not use the SOFTWARE PRODUCT.
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, not sold.
The SOFTWARE PRODUCT is owned and copyrighted by XIGLA 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. XIGLA's third
party suppliers may protect their rights in the event of any violation of these
License Terms.
INTRODUCTION. The SOFTWARE PRODUCT is comprised of any or all of the
following components: (i) the core file components, (ii) XIGLA Database Scripts,
(iii) XIGLA Database Schema, (iv) XIGLA Database Stored Procedures, (v) XIGLA
Image Files, (vi) XIGLA Documentation, (vii) XIGLA “Online”
Documentation.
This EULA describes your rights with respect to the SOFTWARE PRODUCT and its
components. The following terms govern your use of the specified SOFTWARE
PRODUCT unless you have a separate written agreement with XIGLA.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Standard Use. You may install and use one (1) copy of the SOFTWARE
PRODUCT on a single computer and on a single company. The number of Management
Groups allowed appears at the beginning of this EULA, if applicable.
The number of Administrative Accounts allowed appears at the beginning of this
EULA, if applicable. You must disclose and reveal to XIGLA the name of the
company on which the SOFTWARE PRODUCT will be installed and used. "Use" means
storing, loading, installing, executing or displaying the SOFTWARE PRODUCT.
* Modification Use. XIGLA grants you a non-exclusive, limited license,
subject to the modification requirements below, to modify the SOFTWARE PRODUCT.
The modified SOFTWARE PRODUCT shall not be made available for sale, resale,
distribution or publication under any circumstances. XIGLA will not offer
technical support for the modified SOFTWARE PRODUCT.
XIGLA will not offer upgrades for the modified SOFTWARE PRODUCT.
* Modification Use Requirements. Software Product. If you exercise
the modification rights described above, you agree to: (a) only exercise the
modification rights described above on the SOFTWARE PRODUCT installed on the
company registered with XIGLA for use of the SOFTWARE PRODUCT; (b) limit the
modified SOFTWARE PRODUCT to the same parameters (number of computers (servers),
number of Management Groups, number of Administrative Accounts) specified in
this license agreement; (c) not use XIGLA's name, logo, or trademarks to identify
the modified SOFTWARE PRODUCT without XIGLA’s written permission; (d)
reproduce and maintain all XIGLA copyright notices in the original SOFTWARE
PRODUCT on all adaptations; and (e) indemnify, hold harmless, and defend XIGLA
from and against any claims or lawsuits, including attorney's fees, that arise
or result from use of the modified SOFTWARE PRODUCT; (f) not disable any licensing
control features of the SOFTWARE PRODUCT; (g) Not modify, alter or reverse-engineer
any of the following files : login.asp, incSystem.asp, incCPCheck.asp, options.asp.
* XIGLA Image Files. If you use any of the Image Files, you agree
to: (a) not use the Image Files to disparage XIGLA, its products or services
or for promotional goods or for products which, in XIGLA's sole judgment, may
diminish or otherwise damage XIGLA's goodwill in the SOFTWARE PRODUCT including
but not limited to uses which could be deemed under applicable law to be obscene
or pornographic, uses which are excessively violent, unlawful, or which purpose
is to encourage unlawful activities; (b) not use the Image files to imply XIGLA's
sponsorship, endorsement or approval of your SOFTWARE PRODUCT modification,
service or content provided by your company; (c) not alter the Image Files
in any way; and (d) not combine the Image Files with any other object, including,
but not limited to, other logos, words, graphics, photos, slogans, numbers,
design features or symbols.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services. XIGLA may provide you with support services related
to the SOFTWARE PRODUCT ("Support Services"). All support services
will be provided either by e-mail or phone for a time period of six (6) months
starting the same day that the SOFTWARE PRODUCT is supplied. Any supplemental
software code or alteration in database schema provided to you as part of the
Support Services shall be considered part of the SOFTWARE PRODUCT and subject
to the terms and conditions of this EULA. With respect to technical information
you provide to XIGLA as part of the Support Services, XIGLA may use such information
for its business purposes, including for product support and development. XIGLA
will not utilize such technical information in a form that personally identifies
you.
* License Term Verification. XIGLA reserves the right to check
all licensees to verify compliance with this EULA. In order to verify this
compliance, you understand and acknowledge that the SOFTWARE PRODUCT may collect
and send back information to XIGLA about the location where the SOFTWARE PRODUCT
has been installed. This information is entirely restricted to the IP address
where the SOFTWARE PRODUCT is installed, no other information will be collected
or sent back to XIGLA.
* Confidential Information. The term "Confidential Information" means
any information or material, which is proprietary to XIGLA, whether or not
owned or developed by XIGLA, which is not generally known other than by XIGLA,
and which you have obtained through XIGLA. Confidential Information includes
without limitation: trade secrets, technical information, product design information,
database scripts, database schema, source code and/or object code, copyrights
and other intellectual property associated with the SOFTWARE PRODUCT.
* Protection of Confidential Information. You understand and
acknowledge that the Confidential Information associated with the SOFTWARE
PRODUCT has been developed or obtained by XIGLA by the investment of significant
time, effort and expense, and that the Confidential Information is a valuable,
special and unique asset of XIGLA, which provides XIGLA with a significant
competitive advantage, and needs to be protected from improper disclosure. You
agree to hold in confidence and to not disclose the Confidential Information
to any person or entity, except those who are required to have access to the
Confidential Information in order to perform their job duties in connection
with the limited purposes of this agreement.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except
and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
* Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
* Software Transfer. You may permanently transfer all of your
rights under this EULA, provided you retain no copies, you transfer all of
the SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable, the Certificate of
Authenticity), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY XIGLA.
4. TERMINATION. Without prejudice to any other rights, XIGLA may terminate
this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT and all
of its component parts.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, video, audio,
music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the accompanying printed materials,
the accompanying “online” materials,
and any copies of the SOFTWARE PRODUCT are owned by XIGLA or its suppliers.
Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
You may not copy the printed or “online” materials accompanying
the SOFTWARE PRODUCT.
LIMITED WARRANTY. XIGLA SOFTWARE guarantees that: (a) during a time
period of forty five (45) days starting at the same date of the SOFTWARE PRODUCT
acquisition, the SOFTWARE PRODUCT will work and operate conforming to the terms
and conditions of the provided documentation, and that (b) any technical support
supplied by XIGLA will be provided according to this EULA. XIGLA SOFTWARE will
be either in position to (a) repair the SOFTWARE PRODUCT or (b) replace the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT replacement will be guaranteed during
the rest of the original warranty time period or during thirty (30) days, choosing
from both periods the larger one. The present warranty will be terminated if
the SOFTWARE PRODUCT fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable
law, xigla 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 xigla 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 pecuniary 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 xigla has been advised of the possibility of such damages.
ALL SALES ARE FINAL. When you purchase the SOFTWARE PRODUCT you are
acquiring source code and digital information. The SOFTWARE PRODUCT sale is
final. XIGLA SOFTWARE under no circumstances will be in the obligation of returning
the amount paid for the SOFTWARE PRODUCT.
MISCELLANEOUS
Wherever you acquire this software your local law may apply.
If you are interested in additional information on licensing or use of XIGLA
software products, please contact XIGLA at http://www.xigla.com. Should you
have any questions concerning this EULA, or if you desire to contact XIGLA
for any reason, please e-mail us at info@xigla.com or write to :
XIGLA SOFTWARE LTDA.
Calle 5 sur # 22 -290 Int. 1319
Phone. (574) 3536947
Medellín, Colombia
South America
Copyright © XIGLA SOFTWARE
If You Agree with this License Agreement
You may proceed to order this product
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