Sense Resellers License Agreement
1. The Sense Resellers software is supplied 'AS IS'. No warranty is given either implied or expressed. Purchasers use the software entirely at their own risk. Sense Creative Limited is not liable for any consequential loss howsoever arising caused by use of the Sense Resellers software or other associated software. This includes, but is not limited to, damage to hardware and/or software, loss of data, loss of business or any other financial loss. Sense Creative Limited does not seek to exclude liability where prohibited by law.
2. The purchaser or their agents are permitted to make alterations to the software (except as excluded in 4, 5 and 12 below), but the copyright of the original code remains the property of Sense Creative Limited. Any software which uses any portion of Sense Resellers as a base may not be resold without express written permission from Sense Creative Limited.
3. Sense Creative Limited will supply each purchaser of Sense Resellers with a unique license key. It is a condition of use that this license key is placed in the root folder of the domain in which the software is installed.
4. Each license entitles the purchaser to install the software on one live web site and one development machine only. A site will be considered as a live web site if pages of it can be found in search engines or accessed via public links on other sites which can be found via search engines. Users are expressly prohibited from modifying Sense Resellers to enable one installation of the software to support multiple online store fronts unless written permission from Sense Creative Limited has been obtained and an agreement to license each store front individually agreed.
5. Sense Creative Limited reserves the right to refuse any order made for products or services for any reason in which case a full refund of any card payment made for that order will be made.
6. Sense Resellers has a number of software platform requirements which are listed clearly on Sense Resellers web site. These include Microsoft Windows NT/2000/2003/XP-Pro, Microsoft IIS4+ and ColdFusion MX7 or higher. The database requires MySQL 4+ for Windows. Certain tags must be enabled in order for the software to run. These tags are listed on the Sense Resellers site. The above software is not supplied or supported by Sense Creative Limited.
7. Sense Resellers is designed and tested on English versions of Windows only. We cannot possibly possess or test every non-English version of Windows and while we provide some documentation on running Sense Resellers on them, we cannot guarantee that Sense Resellers will run properly on such systems, neither can we guarantee to fix nor address bugs specific to non-English versions of Windows. Users should always verify operation of the system checker to satisfy themselves that the product works on their intended hosting platform.
8. Each customer will be allocated a Sense Resellers user account on our system which allows access to the latest software builds as well as enabling the customer to post support tickets. Twelve months support is included with each new license, and support can be purchased in one-year increments after this. WE ONLY PROVIDE DIRECT SUPPORT VIA THE ONLINE TICKET SYSTEM; we do not provide telephone or email support, neither do we provide direct support to customers whose support coverage has expired. Customers who purchase multiple licenses on the same Sense Resellers user account to enjoy the discounts for subsequent purchases may use those licenses to build sites for other customers. However, they must field all support requests from their clients. On no account should end users who are not the primary account holder be given access details to the Sense Resellers user account in order to request support from Sense Creative Limited directly or for any other reason. Sense Creative Limited will consider anyone in possession of the Sense Resellers user account details to be the rightful account holder unless it believes that the Sense Resellers user account details were obtained by deception or other illegal or unauthorized means. Any customer who gives other parties access to their Sense Resellers user account will be considered to have forfeited the account and passed it to the other party unless the other party is willing to rescind their rights to the Sense Resellers user account in writing. Sense Creative Limited will not support end users of the software directly unless they are the primary account holder on our system. End users whose site license was purchased by a site developer, reseller or other third party should contact that organization or individual for support.
9. Sense Creative Limited cannot support user modifications to the software, only the original Sense Resellers code. Sense Creative Limited cannot support, debug or fix problems with other software or services not provided by Sense Creative Limited, including but not limited to, hosting, SMTP or email components, secure certificates, server or database platform.
10. Sense Creative Limited does not offer a free review period for Sense Resellers. To review the basic functionality and coding style, we provide a free online demonstration of the software in addition to a system check file that can be downloaded and run on the users hosting account. If you would like to test the back end functionality, please contact us for access details. Sense Creative Limited offers refunds purely at the discretion of management. The claimant must provide full details of the reason behind the request, the license number and the date of purchase.
11. Sense Creative Limited reserves the right to contact web sites running code in violation of this license agreement and their web hosts and upstream providers directly, in addition to contacting the account holder, in order to notify them of the license breaches and request that they remedy them. In cases where the breaches are not remedied within 7 days, Sense Creative Limited reserves the right to revoke all licenses and ongoing services on that Sense Resellers user account. Developers and resellers are responsible for ensuring that their end users do not breach the license agreement and should include contract provisions to ensure this. The user agrees that Sense Creative Limited may take legal and/or technical measures to prevent illegal use of Sense Creative Limited software.
12. Users are expressly forbidden to attempt to decrypt, dissemble or reverse engineer any files that are directly responsible for powering the admin area of the store.
13. From time to time this license agreement may be amended. When downloading upgrades or new software, the user is acknowledging that usage of the code will be governed by the license agreement in effect at that time and not any prior license agreement that may have applied at the time of the original purchase.
14. This license agreement is made between Sense Creative Limited and the user and shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. Sense Creative Limited may designate an agent to act on its behalf in the event of any claim. Any provisions of this agreement that are subsequently found to be void shall not render other parts of the agreement void.
Sense Resellers Refund/Return Policy
Sense Creative Limited does not offer Sense Resellers on a 'trial' basis, neither to we offer 'money back' options if you don't use the software. Consequently, if you wish to trial the software you should use the free Demo version provided on our site.
Refunds will be considered on a case-by-case basis. Any request for a refund should state the reason, date of purchase and provide a confirmation that you will destroy all Sense Creative Limited software and custom coding purchased once a refund is agreed.
If the grounds for the refund request are that the software is inappropriate or does not meet your requirements, it is important that you notify us as soon as possible after purchase. We will consider all factors when determining whether to give a refund, including how much technical support time was used by the client and the time since purchasing.
Custom work will be treated differently; our time cannot be recovered once spent on a modification and this will be taken into account when considering any refunds. Similarly with hosting; we incur time and cost at the point of service which we cannot recover if a refund is claimed.
If you are in any doubt whether the software is suitable for your purposes, or whether you actually require or will use the software PLEASE DO NOT PURCHASE UNTIL YOU ARE. This will avoid any risk on your part and save time and effort for all of us.
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