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If your balance includes custom work pertaining to The Turnkey Website^TM, the end user license agreement will apply.

THE TURNKEY WEBSITE^TM END USER LICENSE AGREEMENT

ACCEPTING, INSTALLING AND USING THE APPLICATION ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE AS WELL AS FROM YOUR HOSTED SERVICE ACCOUNTS.

YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE APPLICATION OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

1.            License.  This software Application (the “Application”) and the accompanying on-line read-me and help files (the “Documentation”) are licensed, not sold, to you by Saletta Solutions (“Licensor”). The term “Application” shall also include any updates of the Application licensed to you by Licensor. Updates may include fixes, patches or minor enhancements to the Application. Updates may not include new features, services or significant additions to the Application. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Application and Documentation for non-commercial (e.g., not for resale or rental or the like), educational, evaluation or personal purposes only. You may use a single instance of this Application on a single server located in the United States and its territories or any other country to which this Application is legally exported. This Application is “in use” on a server when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, CD-ROM or other storage device) of that server, except that a copy installed on a network server for the sole purpose of distribution to other computers is not “in use.” You agree to use your best efforts to prevent and protect the contents of the Application and Documentation from unauthorized disclosure or use. Licensor and its licensors reserve all rights not expressly granted to you. Licensor’s licensors are the intended third party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.

2.            Limitation on Use:  You may not rent, lease, sell, transfer or distribute copies of the Application or Documentation to others. You may not modify or translate the Application or the Documentation without the prior written consent of Licensor. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Application. You may not use Licensor’s name or other trademarks or refer to License or or Licensor’s products directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Licensor for each such use. You may not release the results of any performance or functional evaluation to any third party without prior written approval of Licensor for each such release.

3.            Backup and Transfer.  You may make one copy of the Application for backup purposes if Licensor’s copyright notice is included. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void. You may physically transfer the Application from one computer to another provided that you do not retain any copies of the Application, including any copies stored on a computer.

4.            Copyright.  The Application and related Documentation are copyrighted by the Licensor and its licensors. You may not copy the Application (or this license) except to provide a backup copy and to load the Application into the computer as part of executing the Application. You may make one copy of the Documentation and print one copy of any on-line documentation or other materials provided to you in electronic form. Any and all other copies of the Application and any copy of the Documentation made by you are in violation of this license.

5.            Ownership.  You agree that the Application and Documentation belong to Licensor and its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Application and Documentation or to any related patents, copyrights, trademarks or other intellectual property. Licensor and its licensors retain all right, title and interest in and to the Documentation and all copies and the Application at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All content accessed through the Application is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.

6.            Term and Termination.   This license is effective until terminated. You may terminate this license at any time by destroying the Application, the Documentation and the permitted backup copy. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Application and Documentation, or return the original Application and Documentation to Licensor, together with any other material you have received from Licensor in connection with the Application.

7.            DISCLAIMER OF WARRANTY.  LICENSOR AND ITS LICENSORS PROVIDE THE APPLICATION AND THE DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All risk of quality and performance of the Application and the Documentation is with the Licensee.  Should the Application prove defective, you and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.

8.  LIMITATION OF REMEDIES.  IN NO EVENT WILL LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE APPLICATION INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE APPLICATION, EVEN IF LICENSOR, ITS LICENSORS OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

9.             Applicable Law.  This license will be governed by the laws of the State of California, without reference to conflicts of laws principles.  The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.

10.  Export Controls.  The Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Application, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11.            U.S. Government End Users.  The Application is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire only those rights in the Application and the Documentation that are provided by this Agreement.

12. Co-Marketing. Licensee agrees to allow Saletta Solutions to use Licensee’s name and logo in a published list of clients as well as other marketing materials. Additionally, Licensee agrees to provide a quotation for use on the Saletta Solutions web site.

13.            No Other Agreements.  This Agreement constitutes the entire agreement between the parties with respect to the Application and the Documentation, and supersedes any other written or oral agreement.