ReplaceMagic - terms & conditions

 

www.replacemagic.com

REPLACE MAGIC LICENSE AGREEMENT PROVISIONS

Software License Agreement

1. This is an agreement between Licensor (www.replacemagic.com) and Licensee, who is being licensed to use the named Software (“ReplaceMagic”).

2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains 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 without additional fees or licenses on:

• one computer in case that Licensee bought one license
• on multiple number of computers in case that Licensee bought more then one license where number of licenses will define on how many computers application can be installed (check point 4.)

4. By buying:

• Package 1 (1 license) you are allowed to install ReplaceMagic on only one computer or to use it by one user
• Package 2 (2 licenses) you are allowed to install ReplaceMagic on max. 5 computers or to use it by 5 users (whatever comes first)
• Package 3 (3 licenses) you are allowed to install ReplaceMagic on max. 10 computers or to use it by 10 users (whatever comes first)
• Package 4 (4 licenses) you are allowed to install ReplaceMagic on max. 20 computers or to use it by 20 users (whatever comes first)
• Company Package (5 licenses) you are allowed to install ReplaceMagic on unlimited number of computers in one company at one or different locations
• Enterprise Package (8 licenses) you are allowed to install ReplaceMagic on unlimited number of computers at any company location worldwide – so called enterprise license (parent company and all child companies are covered by this license)

5. Packages 1-4 and company package are always connected to only one company.

IMPORTANT: If you are consulting company offering service to other companies for each of your customers you will need separate license(s). ReplaceMagic licenses are always connected only to company where software is used.

6. By purchasing ReplaceMagic license(s) Licensee gets product related support and right to download all updates (new features and bug fixes) in period of 12 months from purchase date.

7. By purchasing ReplaceMagic extended maintenance Licensee gets product related support and right to download all updates (new features and bug fixes) in period of extended maintenance duration from purchase date.

8. 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.

9. As privacy of our customers is of utmost importance to us below you can find communication flows:

a. ReplaceMagic might connect to ReplaceMagic site to check if there is newer software version.

b. In case that check of broken links is enabled, ReplaceMagic will send request to link locations found in customer documents but nothing beside simple request will be sent to those link locations.

c. ReplaceMagic will access locations of documents selected by customers. If document is found, it will be downloaded to the computer where ReplaceMagic is installed and processing will be done fully on that computer. After scanning process in ReplaceMagic or if there are no changes in documents after replacement process ReplaceMagic will remove processed document(s) from computer where processing is done or in case that replacements are done, ReplaceMagic will upload changed document to the source location.

d. Complete document processing is done in memory of computer where ReplaceMagic is installed.

e. ReplaceMagic application will never send any of customer documents or data found in customer files to ReplaceMagic or any 3rd party.

10. This Software is subject to a limited warranty: Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its help documentation, and to the best of Licensor’s knowledge. Licensee’s use of this Software according to the help documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 30 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 30 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.

11. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at [sales@replacemagic.com].) At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.

12. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

13. 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.

14. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.

15. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

16. 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.

17. 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.

18. Non-Refundable Purchase - The Customer understands and agrees that all sales of downloadable software are final. Due to the nature of digital goods, the Licensor cannot offer refunds once the software has been downloaded and the product key has been provided except in case when reported issues (missing functionality is not a reason for waiver) are not resolved in period of 30 days since reporting day.