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Installatron Plugin EULA

Last Revised: December 10, 2014

THIS END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY IF ACQUIRED FOR USE BY AN ENTITY) AND INSTALLATON. READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA; IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS HEREIN, OR IF YOU HAVE NOT READ, UNDERSTOOD, OR ACKNOWLEDGED THE TERMS HEREIN, DO NOT INSTALL OR USE THE SOFTWARE AND RETURN TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

  1. DEFINITIONS
    1. The term "EULA" shall refer to this End User License Agreement.
    2. The term "Partner" shall refer to any entity that has entered into a valid and existing Partner Agreement with Installatron.
    3. The term "Distributor" shall refer to any entity that has entered into a valid and existing Distributor Agreement with Installatron.
    4. The term "Services" shall refer to Installatron's "Installatron Plugin" software.
    5. The term "Licensed Servers" shall refer to any server operating from an IP address identified by Installatron as a licensed server in good standing.
    6. The term "Third Party User" shall refer to an authorized end user of Services on a Licensed Server.
    7. The term "Installatron Usage Data" shall refer to all data collected in connection with the use of Services including the licensed or unlicensed status of the server, its public IP address, the operating system, the use of any virtualization technologies, and information collected to help improve Services.
    8. The terms "we", "us" or "our" shall refer to Installatron.
    9. The terms "you", "your", or "Licensee" shall refer to any individual or entity who installs or uses Services.
  2. GRANT OF LICENSE
    1. Subject to the terms and conditions of this Agreement, only during the term hereof, and provided that Licensee continues to satisfy the terms and conditions of this Agreement, Installatron grants Licensee a non-exclusive, non-transferable, non-assignable and non-sublicensable license to (a) install and use Services on Licensed Servers and (b) make backup copies of Services for archival purposes.
    2. Licensee may sublicense the right to use Services to Third Party Users solely on Licensed Servers provided that each Third Party User enters into an agreement with Licensee governing the Third Party User's use of Services on Licensed Servers ("Third Party Agreement"); as part of any Third Party Agreement, each Third Party User must agree to the provisions set forth herein as a condition of the Third Party User's use of Services:
      1. A notice, substantially similar to the disclaimer set forth herein, that Installatron disclaims all warranties and representations with respect to Services;
      2. A limitation of Installatron's liability substantially similar to that set forth herein;
      3. A notice that the Third Party User's right to use Services shall automatically expire without notice upon the expiration or termination of this Agreement for any reason whatsoever;
      4. A notice that Installatron is a third party beneficiary of any Third Party Agreement applicable to Services with the full right to enforce the provisions of the Third Party Agreement as they pertain to Installatron and Services;
      5. The Third Party User's agreement that Installatron may in its sole discretion collect and use Installatron Usage Data as set forth herein;
      6. The Third Party User's waiver of any and all claims (whether under law, equity or any other theory of liability) against Installatron and its affiliates that may arise from a Third Party User's inability to use Services in the event of the suspension of Services for any reason whatsoever;
      7. If Third Party Users are also granted the right to sublicense the use of Services, the Third Party User's agreement that any grant of sublicensing rights shall include the provisions set forth in this section and the duration and scope of rights granted shall be no greater than the terms and conditions herein.
  3. TERM AND TERMINATION
    1. Installatron, in its sole and absolute discretion and without liability to Licensee, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, in whole or in part, and such changes or modifications shall be effective 30 calendar days' of posting to the Installatron website (this "Site").
    2. In the event that Installatron believes that Licensee has materially breached any obligations under this Agreement, or Licensee fails to enact changes or modifications to the Agreement, Installatron will notify Licensee of the breach. Licensee shall have 30 calendar days from the receipt of notice to cure the alleged breach and to notify Installatron that cure has been effected. Installatron may terminate this agreement effective upon 30 calendar days' notice to the Licensee if the Licensee commits any material breach of this Agreement that remains uncured during such notice period. Examples of material breach include but are not limited to non-payment of any amount when due and failure to prohibit access to Services by any non-licensed entity.
    3. Upon the termination of this Agreement for any reason, Installatron will be entitled to immediately cease providing Services to Licensee, Licensee will cease providing the Services to its customers, and all amounts due to Installatron will become immediately due and payable. Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement that by their nature survive termination will continue to apply.
  4. SUPPORT
    1. Installatron shall have no obligation whatsoever to provide technical support for any issue unrelated to Services, including, but not limited to, problems caused by reliant software, such as DirectAdmin, cPanel/WHM, Plesk, Linux, Apache, or MySQL.
    2. Support for web applications installed by Installatron may be available directly from Installatron, however there are no guarantees because many issues are beyond Installatron's control and can only be resolved by the web application developer.
  5. PUBLICITY AND INTELLECTUAL PROPERTY
    1. The Installatron programs and the content of this website are protected by international copyright laws and treaties, all rights reserved.
    2. Licensee agrees not to use any of Installatron's trademarks, trade names, service marks, corporate names or logos or those of its affiliates ("Marks") on any press release, advertising or marketing materials unless specifically authorized by Installatron. Licensee agrees not to interfere or cause any third party to interfere with Installatron's intellectual property rights. Licensee acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Licensee has not acquired and will not acquire any ownership rights therein. Licensee will not register or maintain any trademarks or domain names that are substantially similar to trademarks, domain names, or intellectual property owned by Installatron (or domain names confusingly similar thereto).
    3. DirectAdmin is copyright JBMC Software.
      Plesk is copyright Parallels.
      cPanel and Enkompass are copyright cPanel, Inc.
    4. Licensee understands that no part of the Installatron program or Services may not be modified and/or distributed.
    5. Licensee understands that the Services is licensed; Licensee is not buying it outright.
    6. Licensee understands that decompiling or reverse-engineering Services is prohibited.
  6. NO SOLICITATION
    1. Licensee is prohibited from approaching Installatron's employees with proposals to hire them as Licensee's employees or contractors.
  7. WARRANTIES
    1. Installatron expressly reserves the right to deny, cancel or transfer Services that Installatron deems necessary, in its discretion, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Installatron, as well as its affiliates, subsidiaries, officers, directors and employees.
    2. THE SERVICES AND THE APPLICATIONS PROVIDED BY SERVICES ARE DELIVERED TO LICENSEE "AS IS" AND WITH ALL FAULTS. INSTALLATRON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SERVICES. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO LICENSEE IN YOUR JURISDICTION, INSTALLATRON MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
    3. While Installatron is committed to improving the quality of Services provided over time, Licensee understands that functionality, features and contents of Services can change over time, and just because a functionality, feature, or content is offered at one time does not guarantee that it will always be available.
    4. Licensee hereby states that the information provided to Installatron is correct and truthful, and all payments made to Installatron are not fraudulent.
    5. The provisions of this Section shall survive the termination of this Agreement.
  8. LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF INSTALLATRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON'S AGGREGATE LIABILITY FOR DIRECT DAMAGES, UNDER THIS AGREEMENT (CUMULATIVELY) SHALL BE LIMITED TO THE TOTAL FEES COLLECTED BY INSTALLATRON UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  9. INDEMNIFICATION
    1. You shall indemnify, defend and hold harmless Installatron and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns and Installatron affiliates (and their directors, officers, staff, employees and agents and their respective successors, heirs and assigns) from and against any liability, damage, loss or expense (including reasonable attorneys' fees and expenses of litigation). You will pay any and all costs, damages, and expenses, including, but not limited to, attorneys' fees and costs awarded against or otherwise incurred by Installatron or it affiliates in connection with or arising from any such claim.
  10. PRICING
    1. The pricing structure may be changed at any time.
  11. ACTIVATION RESET
    1. All annual licenses purchased before the 10th of July 2004 will have their activation days reset to that date. This will mark the end of primary software development.
  12. MISCELLANEOUS
    1. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision will be effective only if in writing and signed by the parties hereto. The waiver of any breach of any provision will not constitute a waiver of any subsequent breach of the same other provisions hereof. If any provision is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
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