Web Management Studio
End–User Licence Agreement
Use of the Web Management Studio software is subject to the terms and conditions layed out in this Licence Agreement.
IMPORTANT – PLEASE READ CAREFULLY
This licence agreement ("LICENCE") is a legal agreement between you (either as an individual, a single entity, or as the authoritative representative of a company or organisation, also referred to as "LICENSEE", "YOU") and Abilitation Limited ("ABILITATION"), for the "Web Management Studio" application suite which includes computer software, associated media, printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE").
By installing, copying, downloading, accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENCE. If you do not agree to the terms of this LICENCE, do not buy, install or use the SOFTWARE.
Any earlier licence we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENCE.
- Web Server - The necessary hardware, software and network services required to host the target web site and the associated SOFTWARE.
- Target Web Site - The web site being managed by the SOFTWARE.
- Web Content Management System (WCMS) - The web based application and associated tools and utilities used to manage the target web site (the SOFTWARE).
- Content Management System (CMS) - A component of the WCMS responsible for managing the web site's HTML content.
- WCMS Administrator – an individual user who has access to the administrative capabilities of the SOFTWARE through a unique username and password.
- Site Visitor – an individual who can access only the public (published) part of a web site created and managed with the SOFTWARE. Such users do not have a username and password for access to the administrative capabilities of the SOFTWARE.
- Development Server – a web server used for custom development, staging or testing of the SOFTWARE and web site before it is deployed on the Production Server.
- Development URL – the web address at which the copy of the SOFTWARE installed on the Development Server can be accessed.
- Production Server – a web server used for the final deployment of the SOFTWARE. The Production Server must be managed exclusively by the Licensee.
- Production URL – the web address at which the copy of the SOFTWARE installed on the Production Server can be accessed.
- Support Incident - A support incident is defined as a single support issue with the SOFTWARE and the reasonable effort required to resolve it. A single support incident is a support problem which cannot be broken down into secondary issues. A single support incident may involve several telephone discussions, e–mails and offline work in order to be resolved. The Customer needs to provide ABILITATION with detailed information about the problem encountered. Though ABILITATION Support Engineers will make reasonable efforts to resolve the issue, ABILITATION does not guarantee any problem resolution. Bug Reports and Product Feature suggestions are not considered to constitute Support Incidents.
- Bug Report - a notice sent to ABILITATION with respect to an error found in SOFTWARE.
- Feature Request - a request for the addition of a feature in or enhancement to the SOFTWARE.
- Support Contract - an additional agreement between the LICENSEE and ABILITATION that provides you with extended or enhanced support services for an agreed length of time.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. The SOFTWARE is licensed to you, not sold. ABILITATION retains ownership of the copy of the SOFTWARE in your possession, and all copies you may be licensed to make. ABILITATION also retains all rights not expressly granted to you in this LICENCE.
ABILITATION hereby grants to you, and you accept, a licence to install, copy, and use the SOFTWARE only as authorised below.
- (a) Single Domain Licence
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Under this licence the SOFTWARE is licenced per individual Production URL. Each licence includes one perpetual Production URL licence and an initial temporary Development Licence.
- (b) Development Licence
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Under this licence the SOFTWARE is licensed per individual Development URL. Each licence includes one perpetual Development URL licence.
The Development Licence is for evaluation, testing and development purposes only and must not be used to publish a public instance of the web site.
- You are not allowed to use the SOFTWARE as a whole, or any of its comprising elements, as a basis for creation of another software product.
- You are not allowed to use individually the software components comprising the SOFTWARE, but only as an integral part of the SOFTWARE.
- You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the SOFTWARE provided in object code form only.
- You are allowed to modify the portions of the SOFTWARE available in source code form as long as they are used only in conjunction with the SOFTWARE. Such modifications will not be supported by ABILITATION.
- Under no circumstances may any portion of the SOFTWARE available in source code form or derivative work of the source code be distributed, disclosed or otherwise made available to any third party.
- You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENCE.
- You acknowledge that the SOFTWARE’s source code contains valuable and proprietary trade secrets of ABILITATION. All individuals employed by or belonging to your entity agree to expend every effort to ensure its confidentiality.
- The SOFTWARE’s source code is sold as is. ABILITATION does not provide technical support for modified source code.
- You may not use the ABILITATION product names, logos or trademarks to market your SERVICES or IMPLEMENTATIONS related to the SOFTWARE without the express prior consent of ABILITATION.
- You agree to indemnify, hold harmless, and defend ABILITATION and its resellers from and against any and all claims or lawsuits, including legal fees that arise or result from the use of the SOFTWARE and publication of your web site.
- (a) Single Domain Licence
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ABILITATION shall install the SOFTWARE on the web server specified by the LICENSEE.
- (b) Development Licence
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ABILITATION shall install the Development Licence on a ABILITATION Development Server which will be accessed via a ABILITATION assigned URL, unless otherwise agreed with the LICENSEE.
- (a) Single Domain Licence
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ABILITATION guarantees response within 48 hours to your support enquiries. As part of your licence you are entitled to receive up to 5 free support incidents (see the Support Access Licence Agreement).
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The Customer may enhance or extend the support services included in the LICENCE by purchasing a supplemental Support Contract.
- (b) Development Licence
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ABILITATION guarantees response within 48 hours to your support enquiries. As part of your licence you are entitled to receive up to 5 free support incidents.
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The Customer may enhance or extend the support services included in the LICENCE by purchasing a supplemental Support Contract.
ABILITATION will provide a number of public support resources (knowledge base, tutorials, how-to's, white papers, etc.) via their web site.
ABILITATION will make all reasonable efforts to correct identified bugs or other errors found in the SOFTWARE for a period of one (1) year from the date of the initial LICENCE installation. This warranty does not extend to bugs introduced by changes in external products or services such as browsers or web server services.
The Customer may extend this service by purchasing an appropriate Support Contract.
ABILITATION will release new versions of the SOFTWARE to introduce new and or enhanced product features. These upgrades may be purchased and applied to your SOFTWARE as required. You may use the resulting upgraded product only in accordance with the terms of this LICENCE.
The Customer may obtain rights to obtain major and or minor upgrades on a free of charge basis by purchasing an appropriate Support Contract.
ABILITATION does not guarantee a fully automatic upgrade path. Major version upgrades may require adjustment of the web site structure and content. Where relevant, this requirement must be managed exclusively by the LICENSEE.
This LICENCE shall last as long as you use the SOFTWARE in compliance with this LICENCE. ABILITATION may terminate this LICENCE if you fail to comply with any of the terms and conditions herein. In such event you agree to cease using and destroy all copies of the SOFTWARE, which you have been licensed to use and distribute.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of ABILITATION are owned by ABILITATION. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All error corrections, bug fixes, patches, updates or other modifications shall be the sole property of ABILITATION.
ABILITATION warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from installation. ABILITATION does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from:
- machine error,
- LICENSEE's failure to follow operating instructions,
- change to the web server environment,
- lack of browser standards compliance,
- negligence or accident,
- modifications to the SOFTWARE by any person or entity other than ABILITATION,
- modification to the web site or the files contained therein by any method other than the documented facilities provided by the SOFTWARE, or
- modification to the supporting SQL database including structure, scripts and data by any method other than the documented facilities provided by the SOFTWARE.
In the event of a breach of warranty, LICENSEE's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE's sole remedy and ABILITATION's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if ABILITATION receives written notice of breach of warranty within thirty days after the warranty period expires.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABILITATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ABILITATION'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENCE FEES LICENSEE PAID TO ABILITATION FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ABILITATION TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ABILITATION IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM ABILITATION IS FOR TESTING USE ONLY AND ABILITATION HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF ABILITATION'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
This Licence will be governed by the law of England and Wales. If any provision of this LICENCE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENCE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
All disputes, arising from this contract or related to it, including those arising from or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution by the English Courts in compliance with its Rules for Litigations, based on arbitration agreements.
This Licence represents the entire understanding between the parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ABILITATION AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.