e-Classifieds

Classified Ads Software

The web's most powerful and complete line of classified ads software programs

Versions Available

Lite Edition

Basic Edition

Photo Edition

Standard Edition

Professional Edition

Commerce Edition

Enterprise Edition

Other Information

FAQ

Demos

The Package

Installation Options

System Requirements

Technical Support

Refund Policy

Upgrade Policy

Customers

Contact Us

How to Purchase

Purchase

End User License Agreement (EULA)

END-USER LICENSE AGREEMENT FOR HAGEN COMMUNICATIONS CLASSIFIED ADS PROGRAMS

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Hagen Communications.  The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and "online" or electronic documentation.  The SOFTWARE PRODUCT also includes any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to You.  By purchasing, installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, Hagen Communications is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

1.  GRANT OF LICENSE. This EULA grants you the following rights:

(a) Software Installation and Use.
You may install and use only one copy of the SOFTWARE PRODUCT on one web site and on one web server.  You are permitted, however, to run more than one copy of the SOFTWARE PRODUCT if such usage for all copies is for the same web site and all copies are located on the same web server.  If such usage is for several different web sites or for different customers, even if all copies are located on the same web server, such usage is prohibited unless you purchase an additional license for each web site or customer.

(b) Source Code Usage
This license does not authorize you to sell, give away, or otherwise distribute the source code for any of the scripts contained in this program, either in full or any subpart thereof.  Nor may you use this source code, in full or any subpart thereof, to create derivative works or as part of another program that you either sell, give away, or otherwise distribute via any method.  You are free, however, to modify the source code as necessary to customize the program for your web site.

(b) Co-branding Prohibited.
The SOFTWARE PRODUCT may not be co-branded or otherwise extended to any other web sites by allowing them to set up or otherwise access its features such that the SOFTWARE PRODUCT appears to reside on their servers or be part of their web site in any way.  Such usage is expressly prohibited under this EULA.  If you are interested in such usage of this program, you must contact Hagen Communications to make arrangements for obtaining a license for this type of usage.  Notwithstanding the foregoing and except as otherwise provided below, any number of devices or users may access or otherwise utilize the end-user features and services of the SOFTWARE PRODUCT, such as creating or viewing content under this program that resides on your server and appears to be part of your web site only.  For classified ads programs, this includes creating, modifying, deleting, or viewing classified ads posted on your server using this SOFTWARE PRODUCT.

(c) Back-up Copy. 
You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes.  Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.

2.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Separation of Components. 
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

(b) Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.

(c)  Software Product Transfer.
You may not assign all or any part of your rights or obligations under this EULA without the prior written consent of Hagen Communications, and any attempt to the contrary will be void and a material breach of this EULA.  Hagen Communications may withhold such consent in its sole discretion.  Hagen Communications may not impose transfer fees as a condition of any permitted transfer. A transfer of this EULA will terminate any right to your continued possession or use of the SOFTWARE PRODUCT and you must promptly destroy all remaining copies of the SOFTWARE PRODUCT in your possession or under your control.  No transfer shall be allowed unless the recipient agrees to the terms of this EULA.

(d)  Termination.
This EULA shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this EULA. This EULA will terminate automatically if you breach any provision of it.  Without prejudice to any other rights, Hagen Communications may terminate this EULA if you fail to comply with the terms and conditions of this EULA. 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. Termination will have no effect on your obligation to safeguard and protect proprietary rights of Hagen Communications, disclaimers and warranties, export restrictions, or the Refund Policy.

(e)  Trademarks. 
This EULA does not grant you any rights in connection with any trademarks or service marks of this product or of Hagen Communications.

3.  UPGRADES. 
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Hagen Communications as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product").  A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product that you were originally licensed to use.  You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer or web server.

4. COPYRIGHT.
(a)  Ownership.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any source code, images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Hagen Communications or its suppliers or licensees. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 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 and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Hagen Communications and its suppliers or licensees.

(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 Hagen Communications. 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.

5.  DUAL-MEDIA SOFTWARE PRODUCT. 
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6.  PRODUCT SUPPORT. 
Product support for the SOFTWARE PRODUCT is provided by Hagen Communications. For product support, please refer to the documentation included with the SOFTWARE PRODUCT, such as the "Readme" file. Should you have any questions concerning this EULA, or if you desire to contact Hagen Communications for any other reason, please refer to the contact information provided in the other documentation included with the SOFTWARE PRODUCT.

7. PRICE & PAYMENT.   
(a) Price.
You agree to pay Hagen Communications the applicable license fee determined by reference to Hagen Communications' 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 EULA during the stated term. If the license fee is based on usage, then you will maintain any necessary usage records for calculating fees according to the documentation.

(b) Payment.
Unless otherwise stated on Hagen Communications' invoice, the applicable fees and shipping charges are payable by you promptly upon delivery. You will pay all sales, use, value-added, GST, personal property or other governmental tax or levy associated with this transaction (including interest and penalties imposed thereon) other than taxes based on the net income or profits of Hagen Communications.  You also agree to pay any applicable fees for installation, customization, or other product support.  If you fail to pay any amount when due, your license to use the SOFTWARE PRODUCT will automatically terminate and you will pay all costs of enforcement, including reasonable legal fees.

8. EXPORT RESTRICTIONS. 
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

If SOFTWARE PRODUCT is labeled "North America Only Version" on the SOFTWARE PRODUCT packaging or other written materials, then the following applies:  The SOFTWARE PRODUCT is intended for distribution only in the United States, its territories and possessions (including Puerto Rico, Guam, and U.S. Virgin Islands) and Canada. Export of  the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

WARRANTY

LIMITED WARRANTY. 
Hagen Communications warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.  Any implied warranties on the SOFTWARE are limited to thirty (30) days. This Limited Warranty is subject to the terms of the Refund Policy as enumerated below.  Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. 
Hagen Communications' entire liability and your exclusive remedy shall be, at Hagen Communications' option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty as specified under the terms of the Refund Policy below.  This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. 
To the maximum extent permitted by applicable law, Hagen Communications disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. 
To the maximum extent permitted by applicable law, in no event shall Hagen Communications 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, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Hagen Communications has been advised of the possibility of such damages. In any case, Hagen Communications' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

NO WARRANTY FOR "YEAR 2000" OR "Y2K" COMPLIANCE:
To the best of our knowledge, the SOFTWARE PRODUCT will correctly recognize dates beyond December 31, 1999.  This assumes, however, that your operating system, your server's BIOS, your Perl installation, and any other hardware or software that may interact with the SOFTWARE PRODUCT are also Y2K compliant.  If they are not, then that will cause problems for this SOFTWARE PRODUCT as well, as it obtains time and date variables from the underlying operating system, which may also depend on a proper BIOS setting for your server and a proper installation of Perl.  Because there are so many other possible sources for non-compliance that we do not have any control over, Hagen Communications specifically disclaims any warranty that the SOFTWARE PRODUCT is Y2K compliant.  We highly recommend that you make backups of all important data on or before December 31, 1999, just in case some other component of your system is not Y2K compliant.  For this SOFTWARE PRODUCT, such backups would include all files located under the "data" subdirectory.

REFUND POLICY
If, within thirty (30) days from the date of receipt of the SOFTWARE PRODUCT, you notify us in writing that you are unable to install the SOFTWARE PRODUCT on your web server or that it is not performing substantially in accordance with the accompanying written materials, Hagen Communications reserves the right to attempt to successfully install the SOFTWARE PRODUCT for you on your server.  You agree that you will provide all necessary information that we may request for this purpose, including but not limited to the full server path to this program, all information necessary for both Telnet and FTP access, and other information such as the location of Perl 5 or the location of the cgi-bin on your server.  If the above requirements are met and we are unable to successfully install the program on your server within thirty (30) days from the date that we receive all necessary information, we will refund the purchase price in full.  If the above requirements are not satisfied, no refunds will be given under any circumstances.  You shall be responsible for ensuring that the server contains a properly installed e-mail program (sendmail for Unix servers or Blat for Windows NT servers), and no refunds shall be given for failure of the e-mail routines of the program to work if this is due to either an improperly installed or missing e-mail program on the server.  Refunds will be given only under the terms of this license, and no refunds shall be issued because of a change in market conditions, business or web site strategy, or for any reason other than in accordance with the terms of this license.

SPECIAL PROVISIONS

U.S. GOVERNMENT RESTRICTED RIGHTS. 
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Hagen Communications/9720 Kingsbridge Dr., #201/Fairfax, VA 22031.

This Software License Agreement and Warranty are governed by the laws of the State of Virginia, U.S.A.

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.

If you have any questions about this license, please contact Hagen Communications at "legal@classifiedsnetwork.com".

Last modified: Sunday, 22-Nov-1998 00:00:00 EST
Copyright © 1995-1998 Hagen Communications. All rights reserved.
Usage subject to our access agreement.
Please send your questions, comments, or bug reports to the Webmaster.