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Definitions:
ProActive Software Limited's 'Software Agreement' and 'Terms of Use' applies to anyone who visits the ProWorkflow Web site, uses or purchases any of our products (as-is or customized) or services. In this 'Software Agreement' and 'Terms of Use' policy and generally on the ProWorkflow Web site,
"we", "our" or "ProWorkflow" means ProActive Software Limited;
"you" means you, the person using our products, services or visiting our Web site;
"services" means all products, goods or services we provide and anything else we do for you, including allowing you to access our Web site.
If you are a ProWorkflow customer, then ProActive Software Limited's 'Software Agreement' and 'Terms of Use' policy will apply to your use of our products or services. Other contractual terms apply to some services. It is important that you are familiar with all of the terms applying to your use of our services.
License:
ProActive Software Ltd distributes all commercial (purchased) software under a 'commercial' license agreement. Demo sessions of ProActive Software Ltd online products are deleted every 12 hours. After that period, if you would like to use the software legally, you must either purchase a license for a ProActive Software Ltd product by purchasing the software and downloading the code or sign up for a subscription account. Our 'per user' license allows that purchaser to operate the software in only one instance and on only one server at a time. The Staff user logins are limited by the per-user package purchased. If the purchasing company does not have country/city divisions, an appropriate 'per user' license can be purchased, however, if the purchasing company does have country/city divisions intending to use the ProActive Software Ltd product, a license must be purchased for each country/city divisions intending to use the ProActive Software Ltd Product. Sharing, redistribution, or simultaneous use is prohibited. Whilst open source code products may be modified by yourself or a developer for use by the single owner, the code is not to be resold, duplicated for multiple use, or rebuilt to be resold using the same usability methodology unless given written permission by ProActive Software Ltd.
Reselling ProWorkflow:
ProActive Software Ltd products may only be resold by authorized ProActive Software Partners. See the Partner section on the website for more info. If a company is not a Partner and wishes to resell a copy of and ProActive Software product to a client, the software must be purchased either through an authorized Partner, or direct from the website at retail price. The decision to accept or decline partner applications is at the discretion of ProActive Software Ltd. If an open source code product is customized by a customer, the intellectual property of the end product remains that of ProActive Software Ltd and may not be resold as a new product unless given written permission by ProActive Software Ltd.
Transferring Licenses / Upgrades:
Licenses cannot be transferred to other parties. This applies to both general software licenses and upgrades. Upgrade packages are only applicable to the company who purchased the original software.
Copyright Statement:
All licensed/downloaded ProActive Software code must at all times retain the copyright statement "© Copyright 2000-2006 ProActive Software Ltd." and the additional license text "Licensed to: GOFX LTD. Version 5.2-OS-English" (or similar). When customizing unencrypted source code, this text must remain, unaltered, in it's entire form.
Distribution:
ProActive Software Ltd houses all software on our owned/rented servers. Unauthorized distribution without prior consent is strictly prohibited. Before placing our software titles on CD-ROM, web/FTP servers, BBS, or any other medium, please consult ProActive Software Ltd for permission. In order to ensure purchasers receive the latest version of the code, the code will remain on the ProActive Software server only unless by special agreement between ProActive Software Ltd and a third party distributor.
Open Source - Right of Refusal:
As the Open Source code is ProActive Software's core intellectual property, ProActive Software Ltd has the right to accept or decline Open Source applications at will. Generally, applications will not be accepted if either the applicant's use is either contrary to ProActive Software's strategic plan or if the company in question shows cause to be not trusted, is a competitor or is a threat. The decision to accept or decline applications is at the discretion of ProActive Software Ltd.
Warranty/Refunds:
ProActive Software Ltd accepts no responsibility for problems arising from the use or abuse of any of our software titles. No refunds will be made in any circumstances. The software is an ongoing project and we will do our best to ensure clean code. Bugs, errors, etc will be fixed on an "as discovered" basis and the latest version of the code will be available for registered users to access.
ProActive Software Ltd is not responsible for lost data or system instability caused by our programs. Be advised that me may release pre-release or beta software that may contain system-effecting bugs. The ProActive Software Partners are purchasing this software at their sole risk and all subsequent purchasers are bound by the terms of this agreement.
Privacy:
We respect your privacy and the privacy of all users and visitors. We do not sell, rent, lease, or give away our user list or email addresses. We will not contact you unless you opt-in to a user email list or have requested to be notified of bug-fixes or new features.
We may, from time to time, gather specific data from user browsers as they enter and exit the site. This information is standard, and contains data like referring URL, pages viewed, and amount of time spent on the site. No personal user contact information is gathered. This data is used for internal calculations of traffic, platform, and download counts.
We make every effort to keep your information safe and secure. Unfortunately, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed
For credit card related privacy information see the Privacy Policy.
Payment for Software:
We utilize 2checkout.com (2CO) and Direct Payment Solutions (DPS) to conduct secure online orders of our software. Both of these providers use secure servers to complete customer orders.
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