This document is an agreement between GOLDSBORO WEB DEVELOPMENT and the END-USER. This document explains the rights and access that is licensed to the END-USER. Software, constitutes any digital works, conceptual designs or artistic creations, or intellectual property in which you have obtained from our company. The license is granted and issued to the user under this agreement and may be revoked by Goldsboro Web Development at any time, without reason, and without notice. Should this agreement become breeches at any time, this license, in full shall be null and void revoking all rights that the END-USER may have previously purchased without refund or repatriation of any kind.

RIGHTS TO THE SOFTWARE

Your rights to the software are only extended for use. Unless expressly stated in writing by an officer of Goldsboro Web Development, this agreement only guarantees USE OF THE SOFTWARE while it remains on a Goldsboro Web Development controlled web server and while you are in agreement with this license.  YOU ARE NOT:

  • (ARE NOT) Granted rights or access to the source-code
  • (ARE NOT) Granted unlimited access
  • (ARE NOT) Granted any warranty not specified on our warranty page
  • (ARE NOT) Granted any other entitlements or rights to compensation or refund for non-acceptance of this agreement
  • (ARE NOT) ALLOWED to access the source-code
  • (ARE NOT) ALLOWED to copy the source-code
  • (ARE NOT) ALLOWED to alter the source-code
  • (ARE NOT) ALLOWED to resell or sell the source-code without expressed written permission.

While we may specify in writing that you may have access to the source code of the software and access to install it on your own web server, you will not be extended any rights to copy, modify, sell, or reproduce said software.  Any aforementioned violations will constitute a license breech and a copyright infringement which may be executed in a court of law.

MAGENTO LICENSES

In some eCommerce Web Development Solutions, we may use the system “MAGENTO”.  All of our servers are licensed under the MAGENTO COMMERCIAL SITE LICENSE which is valid only while on Goldsboro Web Development approved servers. This license cannot be transferred under any reason or circumstance. Removal of a site running MAGENTO from our servers will cause your website be be classified as “Pirating” or “theft of property” against MAGENTO, Inc.  If you would like to purchase an independent MAGENTO license for commercial use, please visit the Magento website.

APPLICATION

This license is non-transferable.

RIGHT TO AN INJUNCTION

The client acknowledges that in addition to having limited access to the Goldsboro Web Development network as part of this agreement, the client may have unintended access to areas in which may cause damages to the company should it be destroyed, altered, or otherwise disclosed. The client therefor acknowledges and agrees that if the client should breech or threaten to breach any of the terms of this agreement, Goldsboro Web Development will sustain irreparable harm and will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement.

EXCLUSIONS

Some software is provided free-of-charge by Goldsboro Web Development in effort to support the Open Source communities in good faith it will be put to good use and will help others.  This software is, under most circumstances, released with a General Public License in which is not compatible with this license agreement.  Software released with aforesaid license and specified on our website is not limited or granted any rights by this license.

LIMITATION OF LIABILITY

UNDER THE CONDITION THAT YOU RECIEVED FREE SOFTWARE FROM US, THE SOFTWARE IS PROVIDED TO YOU, AS-IS WITH NO EXPRESSED, IMPLIED, OR OTHERWISE WRITTEN OBLIGATION OF WARRANTY TO CONSTRUCTION, WORKMANSHIP, OR LIABILITY TO GOLDSBORO WEB DEVELOPMENT.

PURCHASED SOFTWARE IS PROVIDED WITH A LIMITED 30 DAY MONEY-BACK GUARANTEE FROM DATE OF PURCHASE AND NOT NECESSARILY THE DAY THE SOFTWARE IS DELIVERED. SHOULD YOU, THE CLIENT, BE DISSATISFIED FOR ANY REASON DURING THE FIRST THIRTY DAYS OF A MONTHLY BILLING SERVICE, SIMPLY LET US KNOW AND YOU WILL BE REFUNDED IN FULL. SHOULD YOU DECIDE TO CANCEL A SERVICE, WE WILL DETERMINE AT THE TIME OF CANCELLATION IF YOUR ACCOUNT IS ELIGIBLE FOR A REFUND OF UNUSED PORTIONS OF THE YEARLY SERVICE AGREEMENT.  SHOULD YOU EXECUTE A WARRANTY CLAIM YOU WILL FORFEIT ALL RIGHTS TO SAID SOFTWARE GRANTED BY THIS LICENSE OR OTHER ARRANGEMENTS THAT MAY BE IN EFFECT.

IDEMNIFICATION

You agree to indemnify, defend and hold harmless Goldsboro Web Development, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. Goldsboro Web Development reserves the right, at its own cost, to assume the exclusive defense and control over any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Goldsboro Web Development in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDSBORO WEB DEVELOPMENT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GOLDSBORO WEB DEVELOPMENT OR ANY OF THIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.