NCrypted License & Support - Service Level Agreement

NCrypted License Agreement v1.1

Last modified: July 15, 2014

Copyright Notice

This software, application, platform (henceforth collectively called as "Software") is the intellectual property of NCrypted Technologies (henceforth termed as NCRYPTED), and is covered by retained intellectual property rights, including copyright. The software is made available to you - the purchasing party (or henceforth known as the CLIENT) under the following terms and conditions.

This License governs use of the accompanying Software, and your use of the Software constitutes acceptance of this license. "Software" includes, without limitation: all PHP / HTML files, all resource files (SQL/MySQL, database/XML files, XML schema files, etc.), all source code, design UI, layout and all design files (HTML, CSS, Javascript, JPGs), business logic, concept and all documentation files. "Software" may include a number of third party scripts and files and are subject to their own licensing agreements. Product names, logos, brands, and other trademarks featured or referred to within the "Software" are the property of their respective trademark holders. These trademark holders are not affiliated with NCrypted Technologies, our products, or our website.

You may use this Software for any purpose, commercial or otherwise, subject to the restrictions in this license and in accordance with the law (including by-laws) in the country in which it is operated.

YOU ARE GIVEN ONE LICENSE TO INSTALL THE “SOFTWARE”. Multiple instances of the “Software” cannot and should not be operated on multiple domains under a single license. Additional licenses must be purchased for every domain you wish to install the software on. You are permitted to install multiple instances of the “Software” on a single domain, for example on sub-domains and on a localhost for testing and development purposes. Your license to lawfully use the “Software” will be terminated if evidence is found that the “Software” is being run on multiple domains. An additional development license can be provided upon request to run the software on localhost subject to approval by NCRYPTED based on information provided by the CLIENT.

YOU MAY NOT DISTRIBUTE TO ANY OTHER PERSON OR ORGANIZATION UNDER ANY CIRCUMSTANCES. This Software is made available exclusively to the CLIENT, without the right to provide or demonstrate the Software for/to any third party. Your rights are personal, and are under no circumstances assignable, licensable, or otherwise transferable unless prior agreement is made with NCRYPTED. You may not sell, resell, distribute, redistribute, circulate or franchise the software or any of its part (including, but not limited to, the scripts, programs, database architecture, design, user interface) to any third party without the written consent of NCRYPTED.

YOU MAY MODIFY THIS SOFTWARE FOR ANY PURPOSE, except that you may NOT distribute the Software to any other person or organization in original or modified form. You may not  distribute this Software or any derivative works in any form for commercial purposes, including (without limitation) running business operations, licensing, leasing, franchising or selling the Software, or distributing the Software for use with commercial products.

SOFTWARE CUSTOMIZATION PERFORMED BY CLIENT OR THIRD PARTY WILL NOT BE ELIGIBLE FOR FREE TECHNICAL SUPPORT. The technical support is provided to fix problems and answer questions originating in and pertaining to the core files of the SOFTWARE. Requests for advice on how to modify the files to perform a new or different function compared to the default features will be treated as consultation requests and will be billed according to NCRYPTED's standard hourly rate.

FREE TECHNICAL SUPPORT IS PROVIDED BY NCRYPTED FOR A PERIOD OF ONE TO THREE MONTHS FROM THE DATE OF PURCHASE (depending upon the product purchased). You have the right to submit an unlimited number of technical support tickets related to issues or questions to the core files or default features for three months from the date of your purchase. Support is restricted to one of your licenses, either the live site license or the development license. The support period does NOT apply if NCRYPTED is currently in the process of customizing SOFTWARE based on client requirements. Support period for customization projects begins from the date of delivery and lasts for a period of not more than three months.

In the rare case that NCRYPTED has not fixed technical support issues CLIENT has submitted during the three month support duration and the support duration expires NCRYPTED agrees to continue assigning resources to these tickets until the issues are resolved. CLIENT may not add new issues to open tickets that have passed the support duration period, any new issues reported will be ignored unless a support extension has been purchased.

UPGRADES PROVIDED FOR SOFTWARE. As the software is updated to patch errors, bugs, security flaws or to add new features CLIENT will have free, unrestricted access to the SOFTWARE updates for the duration as stated in each of the product licenses. NCRYPTED provides patch files "as is" which allows CLIENT to perform the upgrade. NCRYPTED will offer to perform the upgrade for a fixed price however if CLIENT has made any customization that they wish to keep NCRYPTED will quote a price accordingly. APPLYING PATCH FILES MAY OVERWRITE CUSTOMIZATION OR MODIFICATIONS MADE TO THE EXISTING FILES AND NCRYPTED DOES NOT ACCEPT RESPONSIBILITY FOR LOSS OF DATA WHEN CLIENT PERFORMS THE UPGRADE.

REFUND POLICY

NCrypted products are intangible goods that are digitally delivered, we therefore follow a strict refund policy on agreed terms, depending upon the type of project or engagement. 

You may use any information in intangible form that you remember after accessing the Software. However, this right does not grant you a license to any of NCrypted Technologies copyrights or patents for anything you might create using such information.

In return, you agree:

Trademarks

"NCrypted" is a registered trademark of NCrypted Technologies. The NCrypted logo in the special stylized font in rich blue color with a curved 'e' is copyright of NCrypted Technologies. "Transforming Businesses", "BistroStays", "NLance", "Fundraiser Crowdfunding Platform", "Fashmark", "Nigg", "Bookitt" are trademarks of NCrypted Technologies. All other logos, trade names used throughout the website are trademarks or registered trademarks of their respective owners.

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