The End User License Agreement for Vobbie Dating Software .
This End User License Agreement (.EULA.) is a legal agreement between an individual or a legal entity (Customer) and
Vobbie (Company).The EULA is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Software Solution Package constitutes your agreement to all
Such terms, conditions, and notices.
1.1 The Company reserves the right to change the terms, conditions, notices under which the Software Solution
Packages is offered, and inform the Customer beforehand the changes would come into effect, in this instance 5
business days by email. Customer shall have the right to object to any such changes, in which case this
agreement shall remain as currently drafted.
1.2 The Company has the right to reassess the monthly charges associated with the support of the Software Solution
Package taking into account of new modifications accrued to the package. This is arranged between the Company
and the Customer beforehand.
2. NO UNLAWFUL OR PROHIBITED USE BY A CUSTOMER.
2.1 As a condition of your use of the Software Solution Package, you warrant to the Company that you will not use the
Software Solution Package for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2.2 You may not use the Software Solution Package in any manner which could damage, disable, overburden, or impair
the Software Solution Package or interfere with any other party's use and enjoyment of the Software Solution Package.
2.3 If you install additional copies, even if such additional copies are located on the same domain and/ or the same public
IP, such usage is prohibited unless additional licenses are purchased. Additional licenses are not required for testing or
2.4 This license prohibits selling, licensing, or otherwise distributing the source code of the script contained in Software
Solution Package, either in full or any subpart thereof or as part of another program that you either sell, license, or
otherwise distribute via any method.
3. THE CUSTOMER.S RIGHTS.
3.1 You are granted a single, non-exclusive license to install and use one copy of the Software Solution Package on a
single public domain name or public IP address.
3.2 You own the rights to advertise or offer, to sell or buy any goods or services for any business purpose, publish post,
upload, distribute or disseminate, sell any material or information through your web site, but bear all the responsibility for
it on yourself. Create and sell memberships and other materials and information posted on your website. You will have
ownership rights to all information collected, obtained, created and/or stored via or in your website.
3.3.You may ask the Company to make improvements and/or changes in the Software Solution Package. This relates to
Modifications. The prices and the time period depend on a complexity of a modification and should be discussed
3.4 You have the right to buy and use the Company’s support service.
3.5 The Customer has right to modify the open source code of the software package to meet their needs. If changes are not
made by the Company, then the company can't be held responsible for the stability and integrity of the software. The
Customer understands that in case they need both they should ask the Company to modify the code.
4. LIABILITY DISCLAIMER.
4.1 The Company is not responsible for: a) uploaded files that contain viruses, corrupted files, or any other similar
Vobbie End User License Agreement
software or programs that may damage the operation of Customer's server. b) conduct or forward surveys, contests,
pyramid schemes on the Customer.s website.
4.2 The Company does not control or endorse the content, messages or information found in any web pages on your
website and, therefore, the Company specifically disclaims any liability with regard to any actions resulting from your
4.3 The Company does not take any responsibility for the development of your business, booming, slacking, business recession and bankruptcy.
4.4 Managers and technical staff are not authorized to reflect the full and official Company.s point of view in particular matters.
4.5 To the maximum extent permitted by applicable law, in no event shall the Company 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 use or performance of the Software
Solution Package, with the delay or inability to use Software Solution Package or related services, the provision of
failure to provide services, or for any information, products, services obtained through the Software Solution Package,
or otherwise arising out of the use of the Software Solution Package, whether based on contract, tort, negligence, strict
liability or otherwise.
DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE PRODUCT. SPECIFICALLY, COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LICENSOR HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS AND WITH RESPECT TO THE USE THEREOF.
5.1 The Company does not make refunds after the program source code package is accessed by the Customer with
Software Solution License. In this case there are no circumstances that make it possible to claim full or partial refund.
6. TERMINATION/ACCESS RESTRICTION.
6.1 GENERAL. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the Harris County, Houston,Texas U.S.A. in
all disputes arising out of or relating to the use of the Software Solution Package. Use of the Software Solution Package is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Software Solution Package. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Software Solution Package. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Customer and the Company with respect to the Software Solution Package and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and the Company with respect to the Software Solution Package. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the sameconditions as other business documents and records originally generated and maintained in printed form. It is the express
Vobbie End User License Agreement
wish to the parties that this agreement and all related documents be drawn up in English.
7. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
7.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
9. EULA CANCELLATION.
9.1 The company is entitled to cancel the agreement at any time in any case of a violation of the terms, conditions, notices
of this agreement.
9.2 The customer has the right to transfer his/her license to a third party, but:
a) The Customer has to inform the Company of his expectancies before the transfer the right in a given time . 14 days, by
b) The Customer supposes to wait for a Company.s decision during . 14 days after the request is accepted by the
c) The Customer must pay all charges which will be given by the Company after making all calculations concerned the
transfer the right to own the software package by a third party, less undelivered services in the case of prepaid sum.
d) The Customer ought to persuade a third party to renew the EULA with the Company.
e) The third party has to renew the EULA with the Company.
10.1. All contents of the Vobbie Software are: © Copyright 2014 Vobbie. All rights reserved.
10.2 Any rights not expressly granted herein are reserved.