Content.
Content.
Content.
Content.
Search for:
Welcome Guest [Login | Register]
Currency
Shopping Basket
Your basket is empty.
KGB Software Terms and Conditions

Contents

  1.    Introduction
  2.    Software is licensed
  3.    Free software
  4.    Paid software
  5.    General terms for software
  6.    Licence types
  7.    Modifying software
  8.    Warranty and risk
  9.    Software installation
  10.    Assignability
  11.    Cancellation of license
  12.    Refunds
  13.    Entire Agreement
  14.    Alteration
  15.    Conflict
  16.    Waiver
  17.    Cession
  18.    Severability
  19.    Breach of Terms and Conditions
  20.    Version

1. Introduction

  1. The following Terms and Conditions apply to your use of the "KGB eCommerce" web site ("the web site") owned and operated by KGB eCommerce Pty. Ltd. (Australian Business Number) ABN 63136982897 and any company member or subsidiary member of its group, (herein after referred to as "KGBe"; or the "Owner"), and its visitors and customers.
  2. The web site Owner, including subsidiaries and affiliates ("owner" or "Web site Owner" or "we" or "us" or "our") provide the information contained on this web site or any of the pages comprising the web site ("web site") to visitors and customers (cumulatively referred to as "you" or "your" or the "Customer") subject to the terms and conditions set out in these "KGB Software Terms and Conditions", teh "General Terms and Conditions" the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this web site, collectively referred to as the "Terms and Conditions".
  3. Your use of the web site indicates your acceptance of these "Terms and Conditions". These "Terms and Conditions" are subject to change by KGBe. KGBe may change the content of its "Terms and Conditions" at any time without any prior notice to anyone.
  4. By becoming registered to be a member with KGBe, the Customer herein agrees to be bound to the "Terms and Conditions" listed on this web site.
  5. This web site provides software which has been developed by Ken Bradley and/or KGB eCommerce Pty Ltd (herein after collectively referred to as the "author") and sold through "the web site" by KGBe.

2. Software is licensed

  1. All software developed and distributed by the author and KGBe is licensed software, herein after referred to as "software".
  2. Without limitation "software" includes any web templates, skins, imagery, clip art and fonts, code, design, layout, look, appearance and graphics and collectively will be referred to as "software" and/or "source code".
  3. Where software incorporates a component or portion that has been developed by a third party any license that is applicable to that component and portion will apply only to that component or portion. In such case the remainder of the software is considered as "licensed" by the author and the "Terms and Conditions" will apply to that remainder.

3. Free software

  1. Some software on this web site is provided free of charge ("Free Software"). "Free Software" is still considered to be licensed software and subject to the "Terms and Conditions". For "Free Software" you are automatically granted a "Free Non-exclusive license" to use that software in accordance with the "Terms and Conditions".
  2. You may not (re)sell or (re)distribute in any manner, modified or unmodified versions of "Free Software", obtained under a "Free Non-exclusive license", without written permission from the author.

4. Paid software

  1. "Paid software" is software which you have purchased from the author for a fee.
  2. If you wish to use this software or provide it for use by another person or entity then you must have paid a fee to obtain a license.
  3. "Free Software" for which you were initially granted a license under "Free software" and for which you have purchased a license as outlined in "License types" is considered as "Paid software"

5. General terms for software

Subject to the rights granted to you by a specific license :
  1. You may not remove any copyright messages, either in the source code or displayed by the software, without purchasing a "Copyright removal license" from the author.
  2. Any license to remove copyright messages will apply only to the number of instances specified under the terms for that "license type".
  3. Under no circumstances may you remove any copyright messages from the source code unless you have purchased an "Exclusive license".
  4. You may not (re)sell or (re)distribute modified or unmodified versions of this software without purchasing an individual license for each sale except where you have purchased a "Multi-use license", "Developer/distributors license" or "Exclusive license".
  5. Regardless of any statement, term or condition herein; you acknowledge that the "moral rights" of the author are unassignable and remain with the author for perpetuity.

6. Licence types

The author currently provides 6 levels of licenses, each which may grant you some rights and/or restrict some rights.
  1. Free Non-exclusive license
    1. You are limited to use one copy only of the software on one domain only.
    2. You may modify the software for your own use but you may not distribute copies of modified or unmodified software
    3. You may NOT remove or modify in any way any copyright message or notice.
    4. The author is under no obligation to fix errors, maintain or support in any way Free Software and any support offered by the author is solely at the author's discretion.
    5. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    6. You must comply with all other "Terms and Conditions" of this web site including, but not limited to, the "KGB Software Terms and Conditions" and "General Terms and Conditions".
  2. Paid Non-exclusive license (single use paid non-exclusive)
    1. You are limited to use one copy only of the software on one domain only.
    2. You may modify the software for your own use but you may not distribute copies of modified or unmodified software
    3. You may NOT remove or modify in any way any copyright message or notice.
    4. The author will at their sole discretion either rectify errors in the software (and provide an "update" or "bug-fix"), provided that the errors are not caused by changes to the operating environment (including but not limited to changes to any third party software or hardware) or provide a refund, subject to the "refund conditions". Where "errors" are found that are the result of any modifications made to the software by you or where the software is being used outside its specified environment you agree to pay, if requested by the author or KGBe, a fee of USD$100.00 per incident. You agree that installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense.
    5. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    6. You must comply with all other "Terms and Conditions" of this web site including, but not limited to, the "KGB Software Terms and Conditions" and "General Terms and Conditions".
  3. Copyright removal license
    1. You are limited to use one copy only of the software on one domain only.
    2. You may modify the software for your own use but you may not distribute copies of modified or unmodified software
    3. The author will at their sole discretion either rectify errors in the software (and provide an "update" or "bug-fix"), provided that the errors are not caused by changes to the operating environment (including but not limited to changes to any third party software or hardware) or provide a refund, subject to the "refund conditions". Where "errors" are found that are the result of any modifications made to the software by you or where the software is being used outside its specified environment you agree to pay, if requested by the author or KGBe, a fee of USD$100.00 per incident. You agree that installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense.
    4. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    5. You may remove the copyright message which during normal use is displayed on the screen or other similar device. Viewing the source code or generated browser code is not considered "normal use".
    6. You may only remove copyright messages in the manner referred to immediately above for the number of instances of software specified in your "Copyright removal license"
    7. You must comply with all other "Terms and Conditions" of this web site including, but not limited to, the "KGB Software Terms and Conditions" and "General Terms and Conditions".
  4. Multi-use license
    1. You are permitted to use multiple instances of the software up to and including the quantity specified in your "Multi-use license".
    2. You may modify the software for your own use or for the use of a third party to whom you intend to distribute the software in accordance with this license.
    3. You may NOT remove or modify in any way any copyright message or notice.
    4. You may distribute copies of the original or modified software, up to and including the quantity specified in your "Multi-use license", to third parties (e.g. your customers).
    5. You may not modify the software so as to include additional copyright messages or any changes to the software which in any way may be construed as diminishing any of the rights or reputation of the author. You agree by your use of the software that the sole arbiter of what constitutes "diminishing" will be the author. In the event that the author considers that you have breached this condition you must, without delay, remove any messages or changes that the author directs you to remove from all copies of the software that are in your possession or control and cause the same changes to be made by any third party to which you have distributed the software. Failure to comply with such direction within a reasonable period of time (which in any case shall be no longer than 7 days) will be considered a breach of these "Terms and Conditions" and may result in legal action to recover damages as detailed under the section "Breach of Terms and Conditions".
    6. The author will at their sole discretion either rectify errors in the software (and provide an "update" or "bug-fix"), provided that the errors are not caused by changes to the operating environment (including but not limited to changes to any third party software or hardware) or provide a refund, subject to the "refund conditions". Where "errors" are found that are the result of any modifications made to the software or where the software is being used outside its specified environment you agree to pay, if requested by the author or KGBe, a fee of USD$100.00 per incident. You agree that installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense. If you have distributed the software to third parties you agree that distribution of any "updates" or "bug-fixes" to the third parties involved and installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense.
    7. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    8. Where the software has been distributed to third parties you must before supplying them with the software inform them all "Terms and Conditions" that apply to the software and seek their written agreement to those "Terms and Conditions". Where this is not practical you warrant that you will be wholly responsible, both morally and financially, for any breach of the "Terms and Conditions" committed by any third party to which you have distributed the software (their being assumed to have agreed to all relevant "Terms and Conditions" and you warranting such on their behalf).
    9. Should you or any party to which you have distributed the software commit a breach of the "Terms and Conditions", you agree to promptly assist, at your own expense, the author and/or KGBe with any action or requests that they deem necessary to assist in recovery of damages as outlined in the section "Breach of Terms and Conditions".
    10. You must comply with all other "Terms and Conditions" of this web site including, but not limited to, the "KGB Software Terms and Conditions" and "General Terms and Conditions".
  5. Developer/distributors license
    1. You are permitted to use multiple instances of the software up to and including the quantity specified in your "Developer/distributors license".
    2. You may modify the software for your own use or for the use of a third party to whom you intend to distribute the software in accordance with this license.
    3. You may distribute copies of the original or modified software, up to and including the quantity specified in your "Developer/distributors license", to third parties (e.g. your customers).
    4. You may remove the copyright message which during normal use is displayed on the screen or other similar device. Viewing the source code or generated browser code is not considered "normal use".
    5. You may only remove copyright messages in the manner referred to immediately above for the number of instances of software specified in your "Developer/distributors license"
    6. You may not modify the software so as to include additional copyright messages or any changes to the software which in any way may be construed as diminishing any of the rights or reputation of the author. You agree by your use of the software that the sole arbiter of what constitutes "diminishing" will be the author. In the event that the author considers that you have breached this condition you must, without delay, remove any messages or changes that the author directs you to remove from all copies of the software that are in your possession or control and cause the same changes to be made by any third party to which you have distributed the software. Failure to comply with such direction within a reasonable period of time (which in any case shall be no longer than 7 days) will be considered a breach of these "Terms and Conditions" and may result in legal action to recover damages as detailed under the section "Breach of Terms and Conditions".
    7. The author will at their sole discretion either rectify errors in the software (and provide an "update" or "bug-fix"), provided that the errors are not caused by changes to the operating environment (including but not limited to changes to any third party software or hardware) or provide a refund, subject to the "refund conditions". Where "errors" are found that are the result of any modifications made to the software or where the software is being used outside its specified environment you agree to pay, if requested by the author or KGBe, a fee of USD$100.00 per incident. You agree that installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense. If you have distributed the software to third parties you agree that distribution of any "updates" or "bug-fixes" to the third parties involved and installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense.
    8. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    9. Where the software has been distributed to third parties you must before supplying them with the software inform them all "Terms and Conditions" that apply to the software and seek their written agreement to those "Terms and Conditions". Where this is not practical you warrant that you will be wholly responsible, both morally and financially, for any breach of the "Terms and Conditions" committed by any third party to which you have distributed the software (their being assumed to have agreed to all relevant "Terms and Conditions" and you warranting such on their behalf).
    10. Should you or any party to which you have distributed the software commit a breach of the "Terms and Conditions", you agree to promptly assist, at your own expense, the author and/or KGBe with any action or requests that they deem necessary to assist in recovery of damages as outlined in the section "Breach of Terms and Conditions".
    11. You must comply with all other "Terms and Conditions" of this web site including, but not limited to, the "KGB Software Terms and Conditions" and "General Terms and Conditions".
  6. Exclusive license
    1. You are permitted to use multiple instances of the software without limit.
    2. You may alter all copyright messages, but must maintain acknowledgement of the author in the source code.
    3. You may not modify the software or cause to be made any changes to the software which in any way may be construed as diminishing any of the rights or reputation of the author. You agree by your use of the software that the sole arbiter of what constitutes "diminishing" will be the author. In the event that the author considers that you have breached this condition you must, without delay, remove any messages or changes that the author directs you to remove from all copies of the software that are in your possession or control and cause the same changes to be made by any third party to which you have distributed the software. Failure to comply with such direction within a reasonable period of time (which in any case shall be no longer than 7 days) will be considered a breach of these "Terms and Conditions" and may result in legal action to recover damages as detailed under the section "Breach of Terms and Conditions".
    4. The author will at their sole discretion either rectify errors in the software (and provide an "update" or "bug-fix"), provided that the errors are not caused by changes to the operating environment (including but not limited to changes to any third party software or hardware) or provide a refund, subject to the "refund conditions". Where "errors" are found that are the result of any modifications made to the software or where the software is being used outside its specified environment you agree to pay, if requested by the author or KGBe, a fee of USD$100.00 per incident. You agree that installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense. If you have distributed the software to third parties you agree that distribution of any "updates" or "bug-fixes" to the third parties involved and installation of any "updates" or "bug-fixes" will be undertaken by you and at your expense.
    5. No claims made relating to "errors" in the software will be acknowledged or entertained after a period of 3 months from your obtaining the license for such software.
    6. Where the software has been distributed to third parties you must before supplying them with the software inform them all "Terms and Conditions" that apply to the software and seek their written agreement to those "Terms and Conditions". Where this is not practical you warrant that you will be wholly responsible, both morally and financially, for any breach of the "Terms and Conditions" committed by any third party to which you have distributed the software (their being assumed to have agreed to all relevant "Terms and Conditions" and you warranting such on their behalf).
    7. Should you or any party to which you have distributed the software commit a breach of the "Terms and Conditions", you agree to promptly assist, at your own expense, the author and/or KGBe with any action or requests that they deem necessary to assist in recovery of damages as outlined in the section "Breach of Terms and Conditions".
    8. You may distribute freely the software on the condition that the "Terms and Conditions" are acknowledged as remaining in force for the benefit of the author for perpetuity.
    9. The "Exclusive license" grants you exclusive use of the software from the time that you acquire that license. Exclusivity can not and does not apply to existing licenses previously sold by the author in relation to the software for which you purchase an "Exclusive license" or to sales that are pending at the time of such purchase. On completion of the sale of an "Exclusive license" the author and KGBe will cease further sales, other than pending sales, of the software to which the "Exclusive license" applies within a period of no more than 48 hours.

7. Modifying software

WARNING ..
  1. If you modify the software for any reason you do not inherit any rights to the original software.
  2. You may not distribute modified versions of the software without written permission from the author unless you have purchased a license which permits you to do so.
  3. You may not modify the software to remove displayed copyright messages unless you have purchased a "Copyright removal license", "Developer/distributors license" or "Exclusive license".
  4. The software may be encrypted or contain security devices or a oombination of security methods. Attempting to decrypt, reverse engineer or otherwise attempting to disable protection devices, remove copyright or duplicate or publish any of the files, or portions of the files, is a breach of copyright and/or the conditions of use.
  5. You acknowledge that any attempts to compromise the security of the software or modify its contents may result in permanent damage to other software in your system. KGB Electronics, KGB eCommerce and/or the author/s and their associates and employees will not be held responsible for any damages or loss resulting directly or indirectly from the unauthorised or incorrect use of the software.
  6. Your use of this software signifies your acceptance of all Terms and Conditions. In particular you acknowledge that you have no stated, statutory or implied right to circumvent any security devices or methods for whatever purpose, including, but not limited to, research or for the purpose of integrating the software with other software.
  7. You acknowledge that the software contains encryption and/or protection devices. Your puchase of the software is for the encypted and protected product only and we are under no obligation to supply unencypted or unprotected versions of the software to you as part of your purchase. Specifically it is our policy to not supply unprotected or unencrypted software. Attempting to decrypt the sotware is a breach of the terms and conditions and ultimately will be a breach of copyright. Please dont insult us or yourself by requesting that we give you unencrypted copies of any of our software for the standard price. If you wish to purchase an unencrypted/unprotected version of the software please contact our sales department.
  8. Failure to abide by any of these conditions is a breach of copyright and a breach of the Terms and Conditions of the license and may result in legal action to recover damages as detailed under the section "Breach of Terms and Conditions".

8. Warranty and risk

  1. Software is provided "as is" and without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the software is borne by you. By using the software you agree to accept all risk associated with its use and agree to indemnify the author against all and any recourse by any third party. The author, KGBe and/or their associates will not be held responsible for any loss, either direct or indirect, real or imagined, past, present or future, resulting from the use of the software by your or any person or entity related to you, including your customers.
  2. Where external services (e.g. Yahoo financial data, courier or postal rates etc) are used by the software you acknowledge that their accuracy, use and existence is beyond the control of the author. The author takes no responsibility for the accuracy or future availability of any such external services.
  3. You acknowledge that the internet is an insecure environment and that the use of this software or any associated software possesses risk. Your use of this software signifies that you accept any and all risks associated with the use of the software.
  4. You are obliged to independently verify the correct operation and accuracy of all software frequently in order to minimise potential losses.

9. Software installation

Unless specifically stated in the product description we do not install any of our software products for free. Installation is a paid service which is not included in the price of any license. Where we agree to assist you with installation, either for free or for a fee, you must co-operate with any reasonable request for information so that we can assist you. Usually this will include "admin" username/passwords and occasionally FTP or cPanel (or similar) username/passwords. We securely discard this information after you have indicated your satisfaction with the job and payment (if any) has been made. You agree that where FTP or other access details are required that you are obliged to not give us restricted access accounts or details unless you discuss doing so with us first. If you are concerned about security we suggest that you create new access accounts that you can delete after the work is complete. If we go to do the job and find restricted access we will not proceed. When you give us the required details you will then be placed at the bottom of the queue. We keep our costs and fees down by insisting that we can have the required access to do the task in one session. If you don't not accept this simply advise us and we will respect your right to 'do it yourself' or wait until a suitable time is available. We will not refund any amounts paid for installation or assistance where you have failed to live up to your obligation to supply the required information.

10. Assignability

You may not sub-license, assign, or transfer any license to anyone else without prior written consent from the author or KGBe, except where consistent with the "Terms and Conditions" of a particular license.

11. Cancellation of license

  1. The author reserves the right to cancel your license to use this software at any time.
  2. In the event that you have your license canceled you agree that your maximum and ONLY compensation will be limited to any fee that you have paid for the licence for the software, less any amounts that you have received from distribution of the software.
  3. If your license is canceled due to any breach of the Terms and Conditions  you are not entitled to any refund. In the event that a refund is issued and you have been deemed by us to have breached any of the Terms and Conditions any refund granted is not to be considered as acceptance by us of your breach and is to be considered as an act  "without prejudice". Our issuance of any refund will not preclude us from taking action against you for damages or other compensation in relation to any breaches of the Terms and Conditions.

12. Refunds

If you have paid a fee for this software, refunds will only be offered where the author can be certain that you will not use the software, or be the cause of, directly or indirectly, use of the software in the future. The burden of proof in this regard will lie with you.

13. Entire Agreement

These "Terms and Conditions"  in conjunction with any terms or conditions contained within or displayed by the software,  constitutes the sole record of the agreement between you and the "Web site Owner" in relation to your use of the web site and products purchased or obtained on the web site. Neither you nor the "Web site Owner" shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded therein. Unless otherwise specifically stated these "Terms and Conditions" supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the "Web site Owner" in respect of your use of the web site or products purchased or obtained on the web site.

14. Alteration

The "Web site Owner" may at any time modify any relevant "Terms and Conditions", policies or notices. You acknowledge that by visiting the web site from time to time, you shall become bound to the current version of the relevant "Terms and Conditions" (the "current version") and, unless stated in the "current version", all previous versions shall be superseded by the "current version". You shall be responsible for reviewing the then "current version" each time you visit the web site.

15. Conflict

Where any conflict or contradiction appears between the provisions of the web site "Terms and Conditions" and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the web site shall prevail in respect of your use of the relevant section or module of the web site. Where discrepancies exist in any terms or conditions, such terms and conditions shall be read so as to always favor the author and "Web site Owner"  in all circumstances.

16. Waiver

No indulgence or extension of time which either you or the "Web site Owner" may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

17. Cession

The "Web site Owner" shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant "Terms and Conditions", policies and notices to any third party.

18. Severability

All provisions of any relevant "Terms and Conditions", policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant "Terms and Conditions", policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant "Terms and Conditions", policies and notices shall remain in full force and effect.

19. Breach of Terms and Conditions

  1. By using this software you acknowledge and accept the above and agree to abide by the "Terms and Conditions" therein.
  2. You further acknowledge that any breach of the "Terms and Conditions" on your part, or on the part of any third party to which you have distributed the software, may cause significant and substantial financial loss and/or damage to the author and you acknowledge the author's right to substantial compensation should you, or any third party to which you have distributed the software, breach any terms and/or conditions.

20. Version

This document is version 1.0.10 dated May 27th 2009.

 - Changed KGB Electronics refernces to KGB eCommerce

Shopping Basket
Your basket is empty.
Mailing List
Subscribe to our mailing list below:
Email:

Page generated in 0.560 seconds.
Boosted by Kenz Kart ® from KGB eCommerce © 2008-9.