Terms and Conditions

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY: CAVESCRIPTS.COM SOFTWARE (hereinafter referred to as “THE SOFTWARE”) LICENSE AGREEMENT (hereinafter referred to as "LICENSE") IS AN AGREEMENT BETWEEN YOU, THE PURCHASER, (hereinafter referred to as “YOU”) AND CAVESCRIPTS.COM FOR THE USE OF THE SOFTWARE. BY PURCHASING A LICENSE AND INSTALLING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE, INSTALL OR USE THE SOFTWARE. WE MAY AT ANY TIME REVISE THESE TERMS AND CONDITIONS. YOU AGREE TO BE BOUND BY SUCH REVISIONS AND SHOULD PERIODICALLY REVISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS.

1. Per URL License. Subject to the terms of this Agreement CAVESCRIPTS.COM hereby grants You, a limited, non-exclusive, non-assignable, non-sub-licensable license to install The Software for use on one (1) Uniform Resource Locator (URL) only, refered to as the unique URL where The Software is installed. The same License terms apply whether The Software was purchased as-is or customized. However, costs accrued for customizing The Software are one-time fees and may be re-used at no additional charge subject to the purchase of another License of The Software.

2. License Restrictions. You may not: (a) reproduce or distribute all or any portion of The Software to any third party; (b) remove any proprietary notices from The Software without written consent; (c) sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in The Software to any other party or person; (d) use The Software in violation of any applicable law, regulation or ordinance. Furthermore, You may not use The Software or any related services to develop, generate, transmit or store information that: (i) infringes any third party's intellectual property or other proprietary right; or (ii) make its use illegal in respect to the laws and or regulations of any other country or jurisdiction(s), or any other party's rights.

3. Copyright, Proprietary Rights. The Software is Copyright of CAVESCRIPTS.COM and is protected by U.S. and International copyright laws. Except for the limited license granted to You, CAVESCRIPTS.COM reserves all rights, title and interest to The Software. Title to and ownership of The Software, including without limitation all intellectual property rights therein are and shall remain the exclusive property of CAVESCRIPTS.COM. You shall not take any action to jeopardize, limit or interfere with CAVESCRIPTS.COM’s ownership of and rights with respect to The Software. You acknowledge, herewith, that any unauthorized copying or use of The Software is a breach of this License.

4. Delivery and Installation. Unless otherwise agreed by CAVESCRIPTS.COM, You are solely responsible for the installation of The Software, unless you submit the proper request for installation. CAVESCRIPTS.COM is not obligated to provide training or maintenance of any kind for The Software.

5. Source Code. CAVESCRIPTS.COM reserves the rights to protect ALL or Part of its Software product(s) source code, in encrypted form.

6. Modifications to The Software. CaveScripts.com reserves the right at any time to modify or discontinue any software product(s) or the support associated with them with or without notice. You agree that CaveScripts.com shall not be liable to You or to any third party for any modification or discontinuance of The Software or support services.

7. Promotional Materials. You agree to allow CAVESCRIPTS.COM to list the web address of a web page You create utilizing The Software in promotional materials on CAVESCRIPTS.COM's website.

8. Termination. CAVESCRIPTS.COM may terminate this License if You fail to comply with the terms of this License or any applicable agreement relating to professional or other services CAVESCRIPTS.COM may provide to You. You may terminate this License at any time by destroying or removing from all hard drives, networks, and other storage media all copies of The Software. Upon any termination, You must remove The Software from Your computer equipment and destroy all originals and copies of The Software in Your possession.

9. Indemnity. You agree to indemnify, hold harmless, and defend CAVESCRIPTS.COM, at Your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by CAVESCRIPTS.COM arising out of or relating to Your (a) violation or breach of any term of this License, and or (b) use or misuse of The Software.

10. Warranties. You represent and warrant that You are solely responsible for ensuring compliance with all applicable laws.

11. Refunds. You may return The Software and receive a refund if all of the following apply: (a) You have verified that Your Web server meets CAVESCRIPTS.COM's systems requirements; (b) CAVESCRIPTS.COM has been unable to install The Software on Your server pursuant to a service agreement between You and CAVESCRIPTS.COM. Your refusal to permit CAVESCRIPTS.COM to install The Software will void Your right to a refund.

12. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. CAVESCRIPTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. FURTHERMORE, CAVESCRIPTS.COM DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE.

13. No Liability. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT CAVESCRIPTS.COM IS NOT LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES ARISING FROM THE USE OF THE SOFTWARE OR SERVICES FROM CAVESCRIPTS.COM EVEN IF CAVESCRIPTS.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAVESCRIPTS.COM'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CAVESCRIPTS.COM FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE CAVESCRIPTS.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

14. General Provisions. The terms set forth in this License and any related service agreements constitute the final, complete and exclusive agreement with respect to The Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any additional terms. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this License shall nonetheless remain in full force and effect. Any term of this License may be amended and the observance of any term may be waived only with the written consent of the parties. The failure of CAVESCRIPTS.COM at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.