This License Agreement (“LA”) is a legal agreement between you (an individual or a legal entity) and iDateMedia, LLC (“iDateMedia”).
By purchasing, installing, copying, downloading, accessing or otherwise using the iDateMedia software, you agree to be bound by the terms of this License Agreement.
All of iDateMedia software packages are called the “Software Product” here. The “Software Product” is protected by copyright laws of United States, trademark laws, and other intellectual property laws and treaties. iDateMedia retains copyright to the “Software Product”. The “Software Product” is licensed, not sold.
1. THIS LA GRANTS YOU THE FOLLOWING RIGHTS:
(a) Software Installation and Use.
iDateMedia hereby grants you a single license to use the dating software business opportunity product as a franchise opportunity and that entitles you to one copy of the “Software Product” in accordance with the terms and conditions of the LA to be installed as a demo on your main website. Any rights not expressly granted are reserved. This license authorizes you to sell the iDateMedia Dating Software on your website for profit. You may not give the software away for free and you must charge more than $100 dollars for the initial software. You may charge as much as you want but not lower than $100 dollars per license.
(b) Source Code Usage
You may modify the source code to customize the “look and feel” and functionality of the “Software Product”.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
This LA shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this LA. This LA will terminate automatically if you breach any provision of it. In such event, you must destroy all copies of the “Software Product”, and all of its component parts and cease all further use of it. You agree that iDateMedia has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, including but not limited to the right to repossess the software electronically by disabling it remotely over the Internet, and that termination will not entitle you to a refund of the purchase price or any other amounts paid under any circumstances whatsoever. Termination will have no effect on your obligation to safeguard and protect proprietary rights of iDateMedia, disclaimers and warranties, the Copyright Infringement section, or the Refund Policy.
(b) Enforcement Costs.
In the event that your breach of any provision of this LA is proved by a court of competent jurisdiction, you agree that you shall reimburse iDateMedia for all expenses related to the enforcement by iDateMedia of its legal rights under this agreement, including but not limited to its attorneys’ fees, court costs, administrative fees, and all other relevant costs, fees, and expenses incurred by iDateMedia that are associated with enforcing its legal rights under this Agreement.
(b) Third Parties.
Any third party or subsequent entity that purchases, installs, copies, downloads, accesses or otherwise uses the “Software Product”, as well as any third party or subsequent entity that views, copies, creates derivative works from, appropriates, or otherwise alters all or any part of the source code, whether on not such actions were performed legally and in accordance with the terms of this LA, shall be bound by the terms of this LA, as amended from time to time by iDateMedia and posted online by iDateMedia at its web sites. Performing any of the actions enumerated above shall constitute constructive agreement to be bound by the terms of this LA.
(d) Copyright Infringement.
For the purposes of this LA, copyright infringement includes the acts of selling, licensing, giving away, or otherwise distributing all or any part of the source code contained in this “Software Product”, or using all or any part of the source code to create derivative works. This does not include the selling of a website as whole as in the purchase of a company. Copyright infringement for purposes of this LA shall also include using all or any part of the source code of the “Software Product” as part of another program that you or any subsequent party either sells, licenses, gives away, or otherwise distributes via any method. Copyright infringement under this LA shall also include the act of appropriating any of the concepts, techniques, programming methods, or algorithms contained in the source code for the “Software Product” if the infringing party viewed or otherwise had access to the source code in any way, even if the source code of the infringing product has been modified or obfuscated so as to appear different from the source code of the “Software Product”. Access to the source code of the “Software Product” by the infringing party shall constitute proof of copyright infringement under this LA if any of the other conditions above have been satisfied.
You agree that, in order to maintain your ongoing license to use the “Software Product”, iDateMedia shall have the right to post reasonable amendments to this LA online from time to time at its web sites, and that you shall be bound by such amendments. Such amendments must be designed to protect the intellectual property rights of iDateMedia in the “Software Product” and may not impose additional or ongoing fees for using the “Software Product” other than those that you agreed to or that were in effect at the time that you licensed the “Software Product”. You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If you disagree with any amendments posted under this section, your sole recourse shall be to terminate this license and your usage of the “Software Product”.
You agree to indemnify iDateMedia and to hold it harmless against all losses sustained by any third parties as a result of the terms of this LA, including but not limited to the right of iDateMedia to terminate this license under the provisions of section 2(d) above. You agree that You, and not iDateMedia , shall be responsible for reimbursing all third parties against any such losses. Such third parties may include your web hosting company, your ISP, your customers, your business partners, or any other party that is harmed in any way during the course of iDateMedia’ enforcement of its rights under this LA.
As a licensed operator of the dating software, you’re entitled to free upgrades to the software when we release a new version. Upon your permission, we will update your demo to the latest version. This is not a requirement but a recommendation.
iDateMedia offers free installations to all customers and that includes setting up the main website and the demos. It also includes setting up Woocommerce and your checkout process. Payment providers such as PayPal, Stripe or others are the responsibility of the site owner.
iDateMedia will maintain upgrades to your demos. It’s your responsibility to backup your site. Please contact us for more info on that.
Except as noted below, all title and intellectual property rights in and to the “Software Product” (including but not limited to any source code, images, photographs, animations, and text incorporated into the “Software Product”), the accompanying printed materials, and any copies of the “Software Product”, are owned by iDateMedia. All title and intellectual property rights in and to the content which may be accessed through use of the “Software Product” is the property of the respective content owner. All rights not expressly granted under this LA are reserved by iDateMedia.
(b) Your Responsibilities.
You agree to use due diligence to safeguard and protect the “Software Product” and all source code as the valuable trade secret and exclusive property of iDateMedia. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the “Software Product”. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the “Software Product” remain intact and clearly legible. You specifically agree to indemnify iDateMedia for all losses that it may incur due to the theft of all or any part of the source code of the “Software Product” while in your possession.
6. PRODUCT SUPPORT.
iDateMedia provides support and technical assistance for all licensed copies of the ‘Software Product’ for as long as you are a valid customer.
While you may take advantage of our free hosting you don’t have to use it. If you have your own hosting then please ensure that you have PHP 7.2 and MySQL 5.6.
8. PRICE & PAYMENT.
You agree to pay iDateMedia the applicable license fee determined by reference to iDateMedia’ published prices at the time the “Software Product” was ordered. Payment of the license fee entitles you to use the licensed program in accordance with this LA during the stated term.
Unless otherwise stated on iDateMedia’ invoice, the applicable fees are payable by you at full amount upfront. “Software Product” will be delivered to you via downloaded link as well as email or via other Internet means after your payment is approved by our payment processing company.
9. CONFLICT OF LAW PROVISIONS
This License Agreement is governed by the laws of United States and the state of Texas, USA. As additional consideration for the license granted to you in this LA, you agree that all disputes regarding this contract shall be governed solely and exclusively by the laws of United States, and that the agreement shall be deemed to have been made in United States. You further agree that any action relating to the terms and provisions of this LA shall be commenced in United States in any court of competent jurisdiction. In addition, by licensing the “Software Product” under this LA, you represent and warrant that you are legally authorized to and hereby do waive all claims to legal rights or protections under the laws of your state or country of domicile, or the laws of any other state or country other than United States, including but not limited to any applicable “consumer protection” laws, and to subject yourself under this LA to the laws of United States. Since this representation on your part is an essential element of the consideration necessary for iDateMedia to license the “Software Product” to you, should this representation prove to be incorrect, you hereby agree to reimburse iDateMedia for all losses incurred by iDateMedia as a result of this misrepresentation and for all expenses related to the enforcement by iDateMedia of its legal rights under this agreement, including but not limited to its attorneys’ fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by iDateMedia that are associated with enforcing its legal rights under this Agreement.
This representation on your part, and the contractual provisions governing your breach of this representation, are basic contract provisions that are valid and enforceable under international treaties governing the law of contracts, as well as other laws and treaties.
10. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iDateMedia does not warrant that the functions of the “Software Product” will meet your requirements or that operation of the “Software Product” will be uninterrupted or error free. You assume all responsibility for selecting the “Software Product” to achieve your intended results, and for the use and results obtained from the “Software Product”. iDateMedia is not responsible if the “Software Product” does not operate on your server or computer. Should the Program prove defective, you and not iDateMedia assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall iDateMedia be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information/files/databases, or any other pecuniary loss) arising out of the use of or inability to use this product, even if iDateMedia has been advised of the possibility of such damages. In any case, iDateMedia’ entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the “Software Product”.
12. REFUND POLICY
THE ‘Software Product’ AND THE ACCOMPANYING FILES ARE LICENSED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADVANDATE SOFTWARE COMES WITH NO WARRANTY AND ALL SALES ARE FINAL AND REFUNDS ARE NOT PROVIDED.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE “Software Product” WILL RUN ON YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS.
‘Software Product’ IS CONSIDERED AS ‘delivered’ ONLY AFTER YOUR PAYMENT IS APPROVED BY PAYMENT PROCESSING COMPANY AND ‘Software Product’ IS DELIVERED TO YOU AS DOWNLOAD LINK, EMAIL ATTACHMENT OR OTHER INTERNET MEANS. ONCE PRODUCT IS “DELIVERED” OR “INSTALLED”, YOU MAY NOT CLAIM ANY REFUND.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
This License Agreement is effective upon checking the terms and conditions box and or (1) your signature, or (2) your use of the “Software Product” you agree that we need not sign this License Agreement in order for it to take effect.
iDateMedia reserves the right to change these terms and conditions without prior notification. Should you have any questions regarding our terms and conditions please email us at email@example.com.
Amended January, 15th, 2020