AccessAlly license, terms & conditions

Last updated: 2021-02-25 09:35:44

Please read this End User License Agreement (“EULA”) carefully before using the https://accessally.com/ Website (the “Website”) operated by AccessAlly, a(n) Corporation formed in Texas (“us”, “we”, “our”) as this EULA contains important information regarding the limitations of our liability. Your access to and use of the plugin is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the plugin.

By accessing or using the Website, you agree to be bound by this EULA. If you disagree with any part of this EULA, then you do not have our permission to access or use the plugin.

License rights

AccessAlly grants you the non-exclusive, non-transferable license to use the plugin subject to the terms contained herein.

You may use this plugin for only business and commercial use.

You are hereby prohibited from any reproduction of the software. You may install only the following number of copies: 1 production website, and a temporary staging website during development or migration.

Plugin Graphics Files Licence

You are hereby granted a non-exclusive, limited, non-assignable, non-transferrable license to use the Plugin Graphics Files and the trademark AccessAlly in conjunction with one installation on a single website, owned by you.

Ownership

All Plugins and Plugin Graphics Files are owned by AccessAlly. You may not claim ownership, intellectual property rights, or any other exclusive rights in the Plugin or Plugin Graphics Files, modified or unmodified.

Warranty

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE PRODUCT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. AccessAlly MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.

Plugins will operate on a clean installation of WordPress, on a properly configured web server. Plugins are not guaranteed to be compatible with any other plugins, themes, configurations, or integrations, including integration with specific outside third party platforms, email hosts, or webinar providers, as such third parties are outside the control of AccessAlly.

Limitation of liability

IN NO EVENT SHALL AccessAlly BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability

THE AGGREGATE LIABILITY OF AccessAlly ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY IT FROM YOU FOR THE PRODUCT.

Updates and Maintenance

AccessAlly may need, from time to time, to make additions and upgrades to the software. It shall be at the sole discretion of AccessAlly to make releases of such updates to you, provided that you agree to any changed EULA before the installation of the updates.

When you purchase access to the Plugin, you receive access to Support & Upgrades for as long as you:

• Are using the Plugin only on one installation on a single website, owned by you.
• Have not sold the Plugin, the source code of the Plugin, or your access to Support & Upgrades, to any other person or entity.
• Have not modified the Plugin source code.

Any modifications of the Plugin source code are not supported by AccessAlly, and nullify access to Support & Upgrades. Support is provided via emails, and AccessAlly will provide a commercially reasonable speed of response. Support is only provided for the features of the Plugin, and there is no guarantee that the Plugin will work with all themes/plugins that are installed on your website(s).

Upgrades can be done automatically through the WordPress administrator panel, or a zip file can be downloaded at the plugin membership site.

Dispute Resolution

All disputes regarding this EULA and its’ interpretation, shall be conducted by a court of competent jurisdiction in Texas. By accepting these terms, you agree that this is the proper venue.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about this EULA, please contact us at [email protected].