Smith Consulting Inc. Software License Agreement

1. This is an agreement between Licensor (Smith Consulting Inc.) and Licensee, who is being licensed to use the named Software ("RazorCart").
2. Licensee acknowledges that this is a nonexclusive, non transferable license. Smith Consulting is the owner of all titles, rights, and interests in the software. Licensee may not sell, distribute, or package for sale named software.
3. This License permits Licensee to install the Software on one installation of DotNetNuke without additional fees or licenses. Software is licensed per domain. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only Note: If module software source code was purchased the changes made to the source code/recompiled version are still licensed per domain name and only to one installation of DotNetNuke.
4. NO WARRANTIES - This Software is provided AS-IS. The licensor make no warranty as to its use, performance or otherwise. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICESOR DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Prior to installing or upgrading this module, you should make a backup of your DotNetNuke site and database. We make every effort to test the installation and upgrade process on a variety of configurations, versions and hosting environments, as well as compatibility with other components. However, we cannot guarantee success in every situation and Smith Consulting will not be held liable for any issues that may arise from using this. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
5. IN NO EVENT SHALL the licensor BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF the licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, the licensor'S, ENTIRE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT, HOWEVER, THAT IF YOU HAVE ENTERED INTO A the licensor SUPPORT SERVICES AGREEMENT, the licensor'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
7. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
8. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
10. This License Agreement is governed by the law of California applicable to California contracts.
11. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.