WEBMAKER ®© END-USER LICENSE AGREEMENT (E.U.L.A) - 01 Dec 1999
Please read this document carefully before proceeding. This Agreement licenses the web site "software" to you and contains warranty and liability disclaimers. By accepting your web site agreement, you are confirming your acceptance of the web site "software" and agreeing to become bound by the terms of this Agreement.
This agreement supercedes all previous E.U.L.A's, either written or verbal. By having a Webmaker Web site created or by using our hosting, you are deemed to have agreed to these terms and conditions, whether you have read them all or not.
(a) "Webmaker Software" means the web site "software" (your web site or other developed material) covered by this Agreement, and all related updates supplied by Webmaker.
(b) "Webmaker Product" means the Webmaker Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Webmaker.
(c) "End-User Product" means the output file generated by you, if any, using the Webmaker Software. Examples of End-User Products include database driven sites and the like.
(d) "Webmaker" means our organisation and any associates.
(e) "You" are the person(s) who have contracted Webmaker to create Web related software or product.
This Agreement allows you to:
(a) Use the Webmaker Product on a web server.
(b) Use a local copy of the product for publicity or promotional purposes.
You may not make copies of the Webmaker Product, or electronically transfer the Webmaker Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Webmaker Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Webmaker Product or any part thereof. You will not export or reexport, directly or indirectly, the Webmaker Product into any country prohibited by the Australian Exports Control Act and the regulations thereunder.
4. OWNERSHIP AND COPYRIGHT OF MATERIALS
(a) The foregoing license gives you limited rights to use the Webmaker Product. You do not become the owner of, and Webmaker retains title to, the Webmaker Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Webmaker, unless they relate to a third party copyright works.
(b) Any third party supplied works supplied by you or sourced on your behalf for your web site content must have appropriate usage permissions. You confirm by supplying any such material (or any material used on your behalf) that you have sought and obtained such permissions and indemnify Webmaker and its associates from any liabilities that may arise from their use.
5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT:
The Webmaker Product is provided to you as per agreement. Once completed and signed off the web site and any associated software, scripts and the like then fall under maintenance arrangements and various fees for that maintenance.
6. LIMITATION OF DAMAGES:
WEBMAKER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WEBMAKER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Webmaker and you. You agree that Webmaker would not be able to provide the Webmaker Software on an economic basis without such limitations.
(a) This Agreement can be cancelled by the end user at any time, however, no Webmaker site or software shall be maintained by any third party developer (unless under contract to Webmaker) or persons. Upon the requirement for a third party to make changes to a Webmaker Site the site may be taken down immediately and without compensation. You agree that should you wish to use another developer or persons that you will build a new web site that is free of association from Webmaker. Components from an existing Webmaker site may NOT freely be used on any new web site with our express agreement from Webmaker, unless those components are of another parties copyright works. eg a business logo or supplied materials.
(b) You may transfer your domain name to a different ISP or account. Webmaker retains the right to charge an administration fee for this service. Please also refer to point 11a
(c) A third party cannot merely edit our work and make claims as to being their effort. Parties in breach of the above condition may be subject to prosecution for damages.
(d) Browser Support - Our policy is to support the browser with the most current support for the HTML code subset. (That is HTML defined by the W3C committee.) We do not support non standard HTML or non-standard Java. To this end we develop sites that can be viewed in InterNet Explorer V6+ and in Netscape Navigator / Mozilla / Firebird, however our sites are developed with a InterNet Explorer Browser target as preferred target.
(e) The word Webmaker and all its permutations and forms is a registered trademark of Webmaker, Australia.
Should any Webmaker created site or software be discovered being used to generate spam, the site will be taken down immediately without prior notice and without any compensation.
(a) Webmaker undertakes not to create software within any of our product that can track or be used for tracking customer usage or habits.
(b) Webmaker will not be held responsible for material collected and used on any database, where the customer has opted in to supply such information.
10. CONTRACTING DETAILS
It is a Condition of the EULA that WebMaker has sole access to the site for a minimum term of twelve months. This means that under no circumstances can another service provider or web development organisation edit or modify our work.
You agree that if changes are required that they will be performed exclusively by WebMaker. If this condition is broken, WebMaker reserves the right to take down the offending pages/ site immediately. We reserve the right to invoice any expenses incurred by WebMaker during this process.
Further, it is also a condition that the WebMaker logo be displayed on the home page and not removed during the life of the EULA or website whichever is longer.
10. HOSTING ARRANGEMENTS
(a) Hosting is provided at reduced cost for Webmaker hosted sites. Upon termination of a maintenance arrangement whether by deliberate expiry or by having another content provider engaged, we reserve the right to charge the normal full hosting fees and an administration fee. There is no refund on any hosting or registration fees should you decide to have another developer perform site creation activities. Please refer to point 7a.
(b) Hosting for 3rd party sites is at full normal rates and is subject to limited warranty and services conditions.
(c) Domain registration and Hosting is paid yearly in advance.
(d) Should the requirement to transfer a domain service arise we reserve the right to charge an administration fee.
(e) FTP Services and/or access are not available to any Webmaker created site. Please refer to point 7a.
11. DOMAIN TRANSFERS
(a) Upon requesting an authcode for transfer to another host or provider you acknowledge that in the case of a Webmaker developed site, your site will be automatically taken off line and a parking page put in place of the existing home page.
End-User License Agreement - Last Update - 01/11/2003