By receiving, uploading, installing, running, and/or using MOHOBOOK (“Software”), you agree that this Software License Agreement (Agreement) is a legally binding and valid contract and agree to be bound by it. You agree to abide by intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different Agreement signed by Sanamato Media your use of MOHOBOOK indicates your acceptance of this Agreement and warranty.
Subject to the terms of this Agreement, Sanamato Media grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MOHOBOOK in accordance with this Agreement and any other written agreement with Sanamato Media. Sanamato Media does not transfer the title of MOHOBOOK to you; the license granted to you is not a sale. This Agreement is a binding legal agreement between Sanamato Media and the purchaser of MOHOBOOK.
If you do not agree to be bound by this Agreement, remove MOHOBOOK from your computer and/or website, and promptly destroy all copies in your possession.
MOHOBOOK and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of MOHOBOOK contact Sanamato Media.
- USER AGREEMENT
Your license to use MOHOBOOK is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of MOHOBOOK.
3.2 Use Restrictions
You shall use MOHOBOOK in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MOHOBOOK together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MOHOBOOK may be used on one single website. Use of MOHOBOOK means that you have uploaded, installed, or run MOHOBOOK on a single website.
You may make one copy of MOHOBOOK for backup purposes, providing you only have one copy installed on one website. Other users may not use your copy of MOHOBOOK. The assignment, sub-license, sale, or distribution of copies of MOHOBOOK are strictly forbidden without the prior written consent of Sanamato Media. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, or transfer the use of MOHOBOOK. If MOHOBOOK is uploaded, installed, or run on any website, other than your website, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MOHOBOOK. Nor can you create any derivative works or other works that are based upon or derived from MOHOBOOK in whole or in part.
Sanamato Media’s name, logo and graphics that represent MOHOBOOK shall not be used in any way to promote products developed with MOHOBOOK. Sanamato Media retains sole and exclusive ownership of all right, title and interest in and to MOHOBOOK and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of MOHOBOOK, products and services. No program, code, source code, part, image, audio, video, or text may be copied or used in any way by the user except as intended within the bounds of the single website license. All rights not expressly granted hereunder are reserved for Sanamato Media.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Sanamato Media, their employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Sanamato Media’s Software.
In no event (including, without limitation, in the event of negligence) will Sanamato Media, their employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MOHOBOOK or the use or inability to use MOHOBOOK or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Sanamato Media’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Sanamato Media) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Sanamato Media.
Except as expressly stated in writing, Sanamato Media makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the laws of Ontario, Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Ontario, Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MOHOBOOK and destroy all copies of MOHOBOOK supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
- DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES AND ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL “FILES AND DATA” GENERATED, CREATED AND EDITED BY MOHOBOOK AS WELL.
- CONSENT OF USE OF DATA
You agree that Sanamato Media may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MOHOBOOK. Sanamato Media may also use this information to provide notices to you which may be of use or interest to you.
6.1 Definition of Website
A “Website” is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of Sanamato Media.
6.2 Definition of Source Code
6.3 Definition of an Update
An “Update” of the Software is defined as the addition of minor functionality, enhancements or any bug fix to the current version. This class of release is identified by any change of the revision to the right of the first decimal point, for example X.1.0 to X.1.1 or X.1.0 to X.2.0
6.4 Definition of an Upgrade
An “Upgrade” is a major release of the Software and is defined a major new feature or numerous significant enhancements. This class of release is identified by any change of the revision to the left of the first decimal point, for example 4.X.X to 5.X.X
The assignment to the category of Update or Upgrade shall be at the sole discretion of the Sanamato Media.
Purchasers are entitled to a full refund of the Software within the first seven (7) days immediately following the purchase date. Refunds are limited to the purchase price of the Software, and Software only. Services such as but not limited to installation and website creation are non-refundable. A refund will only be issued if the software cannot be installed on the purchaser’s website as determined by Sanamato Media upon sufficient access to the purchaser’s web hosting environment. Refunds will not be granted if the purchaser’s web hosting environment does not meet the system requirements.
Purchasers are entitled to limited support for MOHOBOOK within the first three hundred and sixty-five (365) days immediately following purchase date. Beyond this period, support, updates and upgrades will only continue if an annual support agreement is purchased.