Terms > Terms and Conditions
License Agreement
YOU MUST READ, UNDERSTAND & AGREE TO THIS LICENSE BEFORE DOWNLOADING THE ITROM Software. THIS INFORMATION EXPLAINS THE EXTENT TO THE USAGE PERMITTED AND/OR RESTRICTIONS FOR THE USAGE OF ITROM Software.
Licensor: ITROM Europe HB, Sweden and it's subsidiearies (Scienceicon Technologies HB and Press Illustrated Europe HB)
Products: ITROM Web Publisher Software Version 1.0 for normal Web Site www.itrom.org
ITROM News Publisher Software Version 1.0 for News Web Sites www.itrom.org
ITROM Web Publisher Software www.itrom.org
ITROM Web Publisher Software Version 1.0 for Charity Web Sites www.itrom.org
ITROM Dating Software Version 1.0 for Dating Web Sites www.tasteoflovers.com
ITROM LiveStaff communication Software www.itrom.net
ITROM Cart - ecommerce software www.camwoo.com
ITROM Forum - Discussion board www.itrom,org/news
LiveAccounting Accounting Software www.liveaccounting.com
LiveBlackboard e-learning Software www.liveblackboard.com
Press Illustrated Aggregator/Feed Reader Software www.pressillustrated.com
XML News Reader Feed Reader/Feed Writer Software www.xmlnewsreader.com
Scienceicon Video Software www.enjoyvideochat.com
Mail Satellite Email Software www.mailsatellite.com
Licensee: The customer/individual, installing/downloading ITROM Publisher.
License Type: This is a custom license & ITROM Publisher is NOT OpenSource Software.
THE LICENSE
ITROM Europe HB grants you a non-exclusive license to use the Software if you follow all restrictions in all sections of this Agreement.
ITROM Publisher IS NOT AN OPEN SOURCE SOFTWARE PRODUCT. YOU MUST FOLLOW THE LIMITATIONS IN THIS SOFTWARE AGREEMENT. WE OFFER SPECIFIC PERMISSION TO CUSTOMISE THE CODE FOR YOUR OWN NEEDS LATER IN THIS AGREEMENT.
Technical support and related services are available to those following this Agreement with no charge. ITROM Europe HB reserves the right to limit or refuse the use of the software, free technical support and related services in any form for any reason.
RESTRICTIONS OF USE
You are permitted to:
- Use the Software on a web site hosted on ITROM Servers ONLY.
- Copy the Software contents such as files (excluding source codes and database) for archival purposes, provided any copy is made and hosted on ITROM Servers and must contain all of the original Software's proprietary notices
- Customise the software's design and operation to suit the internal needs of your web site provided it is done by ITROM technicians and hosted on ITROM Servers. You may not distribute these modifications/changes with out prior consent from ITROM Europe HB
- Create applications which interface with the operation of the Software provided said application is an original work owned and hosted by ITROM.
- Use ITROM Publisher for the sale of adult material including pornography, etc… as long as the products on offer conform to local laws/regulations.
- You must provide a Privacy Policy and Terms and Conditions for your users.
- The ITROM Classified Ad software (Mini version) is not designed to generate revenue for you hence you cannot charge visitors for adverts. If you want to charge your visitors for classified ads, then you must upgrade to ITROM Classified Ad software (Super version) which has ordering, invoicing and credit card processing. .
You are NOT permitted to:
- Permit other individuals to use or access the Software except under the terms listed above
- Reverse engineer, disassemble, or create derivative works based on the Software for distribution or usage outside your web site and outside ITROM Servers excluding those applications owned and hosted by ITROM as described above.
- The ITROM Publisher must not not be distributed or hosted anywhere (except at ITROM Servers) without written consent from ITROM Europe HB!
- Use the Software in such as way as to condone or encourage terrorism, promote or provide pirated software, or any other form of illegal or damaging activity.
- Hack into the server to download the software. Unathorised entry into the server is not permitted.
- modify and/or remove any copyright notices or labels on the Software on each page and in the header/footer and output html of each source file. This includes "[powered by ITROM Publisher]" in the browser title and "Powered by ITROM Publisher ©ITROM Europe HB 2004" page footer. This may only be done if a license key has been purchased!
- Host or distribute the download software packages without written permission from ITROM Europe HB distribute or modify proprietary graphics, HTML, or CSS packaged with the Software for use in other Software applications or web sites without written permission from ITROM Europe HB
LIMITED LIABILITY
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not ITROM Europe HB assume the entire cost of any service and repair. In addition, the security mechanisms implemented by ITROM Europe HB software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.
OWNERSHIP
Title, ownership rights, and intellectual property rights in the Software shall remain with ITROM Europe HB. Copyright laws and treaties of Sweden protect this Software and any issues that may arise over this will be dealt with in the courts in Sweden. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION
This Agreement will terminate automatically if you fail to comply with the limitations described herein and/or at our discretion if in our opinion usage guidelines/terms and conditions relating to the hosting contract are violated (See also terms and conditions at www.itrom.com ). On termination, we will purge the Software and all it's contents from the server within 48 hours and we will not be responsible for any loss of data. At our discretion, we may keep a back up of your site contents (files, emails, database) for unlimited duration as a reference should a case be instituted in court, requested by the authorities or if the sites is to be re-instated in future. All outstanding payments must be made before we can authorise the transfer of your domain name to another registrar or hosting provider.
Warning: All Swedish customers using our commercial Advert software (with Invoicing and Credit Card processing) are strongly advised to register a company at the Local Tax Office and obtain VAT number (F-Skatt) in order to invoice and charge for services provided online with our software. We will not be held responsible if the Swedish Tax Office decides to take legal actions against you for Tax Evasion. (See www.skatteverket.se ). International customers must adhere strictly to the local tax regulations applicable in their respective countries. Any violation of tax laws of your respective countries will be reported to the authorities and your contract and license will be terminated.
Our software must not be used for the purpose of defrauding the state, money laudry or any other illegal activities. We are obliged to provide information about your site activities if required or authorised to do so by competent authorities in your respective countries.
MISCELLANEOUS
ITROM Europe HB reserves the right to change the terms of this Agreement at any time however those changes are not retroactive to past releases. Changes to the Agreement will be announced at ITROM Europe HB web site at www.itrom.com www.itrom.net and www.itrom.org . Failure to receive notification of a change does not make those changes invalid. All prices are subject to change without prior notice.
Modification of and access to our source code is prohibited. Technical support will not be provided for third-party modifications to the Software including modifications to HTML code to any license holder. If the Software is modified using a third-party modification instruction or otherwise, technical support may be refused to any license holder.
PROPRIETARY LABELS
Authorization to remove copyright notices can be obtained from ITROM Europe HB for a one time fee. This fee authorises you to remove the output of copyright notices, it does not give you authorisation to remove any copyright notices in the image background, script source header files nor any other rights. This includes "(powered by ITROM Publisher)" in the browser title and "Powered by ITROM Publisher ©ITROM Europe HB 2003" page footer. All graphics can be modified and is actively encouraged.
OWNER/CREATOR
ITROM Europe HB, Torekovsgatan 11B, 214 39, Malmo, Sweden Tel: ++46-75-5556009, ++46-733-484173.
Obilgations, Billing and Pricing Policy
Our Operations
99% of our operations are carried on the Internet via our web based software. Our customers receive all services online including 24 hrs technical support, sign ups, upgrades, subscriptions, invoices and emails. Our Data Center is responsible for security, upgrades and maintenance.
Our terms and conditions
Our terms and conditions are clearly displayed on our sites at www.itrom.com, www.itrom.net, www.itrom.org and all the respective software sites listed above. The URL links to our Terms and Conditions are visible on our sites.
Many users are not interested in reading the terms and conditions and do not always read, print or download the terms and conditions. It is not our obligation and we are not required by law to force customers to read our terms and conditions. It is the sole responsibility of the customers to familiarize themselves with our terms and conditions.
Our Legal Obligations to customers
As a company, we have a legal obligation to comply with the laws and make sure our servers and software are not used to defraud the state or carryout illegal activities. We will terminate the services of users who violate our terms and conditions and the state laws.
We are a law abiding company and have built a strong reputation. We strictly guard against any action that will jeopardize our reputation and integrity. We do not collaborate with or harbour any customers whose sole aim is to use our software and servers for illegal activities or defraud the state. We are obliged to report any fraudulent activities on our servers to the authorities. We are not in business to make money from customers whose sole aim is to defraud the state.That is not our style of business and will never be.
Billing Policy
Customers may subscribe for our server hosting or our software monthly, quarterly or yearly and make payment before services are provided. A customer enters into open contract with us by signing up on our web sites and agreeing to our terms and conditions. Customers may make payment online via credit card, PayPal, Bank Giro, Western Union, Money Gram or Cash.
Payment must be made in full when customers order the software and the software are installed when customer's payments are received. As a company policy, we do not accept instalment payments from new and existing customers, however, we may accept instalment payment when an existing trusted customer has requested it due to changes in their circumstances or unforeseen financial problems.
Customers are issued online invoices and they may login to view/print their invoices. Payments are due on the 1st of the month and reminders are sent by our automated system 1 month in advance. Customers must pay for their invoices 1 month in advance and not more than 7 days from the due date. Late payment may be accepted if customers request for it due to unforeseen financial problems or change in circumstances.
Our automated system sends 3 invoice reminders via email only and customers that ignore the reminders or fail to pay will be deactivated. They will be notified via email about the reasons why their services are terminated. The overdue invoices are forwarded to the Debt collectors (Inkasso) and subsequently to the Swedish Enforcement Agency (Kronofogdem). Interest is charged on all overdue invoices forwarded to the Swedish Enforcement Agency.
We do not have a minimum contact meaning that customers may cancel their account at anytime without notice as long as there are no outstanding invoices. We require 3 months advance notice for cancellation if there are any outstanding unpaid invoices. There are no penalty fees for late payments.
Pricing policy
Our software are sold for monthly, quarterly or yearly subscriptions for a limited or unlimited periods. Our services and software pricing reflect the competitive market prices in Sweden, EU and abroad. Our prices are in EURO and they are very affordable and in comparison with those offered by our competitors in Sweden and European Union. We do not charge for set up or installation and we do not charge for technical support. We offer 5% discount to new customers and we provide FREE assistance to customer who want to move to another server.
Customers may return products (excluding services and software) within 7 days for a refund and we charge a 30 % restock fee for returned products. Our prices are not negotiable, however, we may offer existing clients a special discount for additional orders.
Misconceptions
The difference between PC based software and web based software
A user of PC based software buys the software in a CD format and can use the software for anything including fraudulent activities without the software developers consent, knowledge or control. The terms of usage of a PC based software are more flexible as it allows the user more freedom to use the software for what ever is possible including defrauding the state, banks or universities.
With a web based software, the software sits on a server that is managed by the software developer. The software developers is responsible for the maintenance, upgrade, security, copyright violations, screening, monitoring, privacy protection, litigations and legal issues with regards to users fraudulent activities etc. The terms and conditions for a web based software are seldom very rigid as the developer is responsible for a host of these things. The terms and conditions are to ensure that users comply with the laws of applicable countries where they are located and it also ensures that the developers business is not compromised.
PC based software license is sold for a life-time fee. While a web based software license is sold for a monthly, quarterly or yearly subscription fee. In most cases the web based software license is sold for a limited or unlimited periods.
Most customers do not understand that when they purchase a web based software, they are buying the license to use it on the server and not a physical item on hand. A web based software is a source code and the copyright ownership belongs to the author or developers. The EU copyright laws strictly advise developers of web based software to protect and police their source codes in order to have an entitlement to copyrights claims.
Our software are commercial software and not open source free software. Our software follows the above model and users are expected to read this carefully before they purchase and use our software.
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