This license agreement (the “License Agreement”) is a legal agreement between you (either an individual or a single legal entity) and WebYoke (“WebYoke”) covering the installation, use, copying, and distribution of the version of Enact code contained in the distributable source package delivered at the time of download from WebYoke or Enact and any accompanying distributable files, data, code, and materials, encompassing the functionality or appearance of Enact (“WebYoke”).
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not download, install, copy, use, or distribute Enact.
You should carefully read and understand the following terms and conditions before using, installing, copying, or distributing Enact. Unless otherwise agreed in a writing signed by WebYoke, your use, installation, copying, or distribution of Enact indicates your acceptance of and adherence to this License Agreement.
The terms and conditions of this License Agreement describe the permitted use of each single installation (hereinafter, a “Licensed Copy”) of Enact.
Subject to the terms of this License Agreement, WebYoke grants to you, for each Licensed Copy, a limited, non-exclusive, royalty-free, license to use, install, copy, or distribute Enact.
All rights of any kind in Enact which are not expressly granted in this License Agreement are entirely and exclusively reserved to and by WebYoke. WebYoke is protected by national and international laws and treaties where applicable.
You may use, install, copy, and distribute Enact solely as expressly provided in this License. You may not rent, lease, loan, sub-license, translate, modify, decompile, disassemble, reverse engineer, or create derivative works based on Enact, in whole or in part, nor permit anyone else to do so. You may not make access to Enact available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
You shall not use, integrate, combine, or otherwise exercise any license rights under this License Agreement in any manner that would render the source code contained in Enact Open Source Software. As used herein, “Open Source Software” means any software that (in whole or in part) includes, or is otherwise derived in any manner from, any software that is distributed under conditions that include: (1) licensees of such software are authorized to access, modify, or make derivative works of the source code for or of the software; (2) licensees of source code of such software are not obligated to maintain the confidentiality of such source code; (3) licensees of such software are required, even under limited circumstances, to grant licenses to the source code or derivative works thereof, that licenses include rights to the licensee’s intellectual property.
Certain functions and features of Enact (hereinafter, the “Client Features”) are included in the basic distribution, but are activated and used only by an additional purchase(s).
This is a single-installation license, meaning you may integrate a Licensed Copy into one public-facing (“Internet”) or internal (“intranet”) web root directory at a time (the “Website”). You may also install and use Enact without restrictions (use of Client Features) for local development and testing purposes while maintaining adherence laid forth by the licensing agreement.
This license is valid only if the Website is a work that uses Enact, and does not compete with Enact.
You may install and use Enact only in the nature that is described in Enact’s documentation and API.
You may not make any alterations to Enact’s code or the database tables/columns created by Enact, unless instructed to do so by WebYoke. If you have a need that is not addressed via Enact’s core feature set, its Client Features, or a plugin, and you do not have the knowledge or ability to write a plugin to fill the need yourself, please contact email@example.com.
WebYoke will provide you with free updates to the edition of Enact applicable to your licensed copy for the remainder of Enact’s lifespan. Such updates will include any updates for Enact that are released by WebYoke for general distribution to Enact licensees. WebYoke has no obligation to provide you with any updates that are not released for general distribution to WebYoke’s other licensees. Nothing in this Agreement shall be construed to obligate WebYoke to provide updates to you under any circumstances.
WebYoke may develop and release future incremental versions of Enact, including additional Client Features yet to be developed. Such future versions of Enact may, at WebYoke’s sole discretion, be released pursuant to different terms and conditions different from this License Agreement, and may be subject to additional license fees.
Enact has a plugin architecture that makes it possible for third party code to alter and extend the application’s functionality without modifying the core code. This is permitted with the following restrictions:
You agree that WebYoke may collect and use technical data and related information, including but not limited to information about your installation of Enact and your server environment, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to Enact. WebYoke may use this information to improve its products or to provide services or technologies to you.
Without prejudice to any other rights, WebYoke may terminate this License Agreement if you fail to comply with the terms and conditions of the License. In such event, your right to use, install, copy, and distribute Enact terminates automatically and you must then destroy all copies of Enact in your possession.
WebYoke reserves all rights not expressly granted to you in this License Agreement. WebYoke is protected by copyright and other intellectual property laws and treaties. WebYoke owns the title, copyright, and other intellectual property rights in Enact, its files, and its source code. For the avoidance of doubt, Enact is licensed, not sold. This License Agreement does not grant you any rights to trademarks or service marks.
WebYoke represents and warrants that it has full title and ownership to Enact and has the authority to grant the license hereunder. To the best of WebYoke’s knowledge, Enact does not infringe upon the intellectual property rights of any third party and WebYoke has not received any notice regarding any alleged infringement thereof.
Enact and its related material are provided “AS IS” and without warranty of any kind and WebYoke expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
To the maximum extent permitted by applicable law, in no event shall WebYoke be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever(including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability ot use Enact, the provision of or failure to provide support or other services, information, software, and related content through Enact or otherwise arising out of the use of Enact, or otherwise under or in connection with any provision of this License, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract, and even if WebYoke has been advised of the possibility of such damages.
In no even shall WebYoke's liability exceeed the license feeds paid.
The waiver of, or failure to enforce, by either party any breach or default hereunder by the other shall not constitute the waiver of any other or subsequent or continuing breach or default.
This License Agreement sets forth the entire agreement between WebYoke and you and supersedes any and all contemporaneous or prior proposals, agreements and representations between WebYoke and you, whether written or oral with respect to the subject matter hereof. Except as expressly provided herein, this License Agreement may be changed or supplemented only by mutual agreement between WebYoke and you in writing, executed by persons with authority to enter into such agreements. This License Agreement may not be modified by any course of dealing or usage of trade. It is expressly agreed that the terms of this License Agreement shall supersede the terms in any purchase order or other ordering document.
The laws of the State of Florida in the United States of America, excluding its conflicts of law rules, govern this License Agreement and your use of Enact.
You and WebYoke each understand that we would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but we choose to have any disputes resolved through arbitration.
We agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the National Arbitration Forum under the Code of Procedure in effect when the claim is filed.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
In the event of a dispute related to this License Agreement, the prevailing party shall recover its costs and reasonable attorneys’ fees in conjunction with such proceeding.