END-USER LICENSE AGREEMENT
on the use of EscortScripts.com Software
This license agreement (hereinafter referred to as the “Agreement”) constitutes a contract between the owner of exclusive rights to the EscortScripts.com Software (hereinafter referred to as the “Copyright Owner”), and you (hereinafter referred to as the “User”).
This Agreement contains definitions and conditions under which the User can use EscortScripts.com Software.
TERMS AND DEFINITIONS
All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
Program means the Directory Software and all related printed materials, help and online documentation as well as all copies and all derivative works related to this software, including but not limited to, all updates and modifications created by the Copyright Owner.
Program-based Derivative means any program, work or information created by the User or a third party using the Program or any of its parts.
Domain Name means a unique alphanumeric name intended to identify a resource on the Internet.
Website means a collection of related web pages or other digital assets available on the Internet through a common Domain Name.
License means the right provided by the Copyright Owner allowing the User to use one copy of the Program.
License Domain Name means the Domain Name for which the User obtains the License to use the Program.
Official Website of the Copyright Owner means the website of the Copyright Owner available on the Internet at https://www.escortscripts.com
Confidential Information means the contents of the Program (source code) as well as other information about the Program that the Copyright Owner may deem confidential.
“CLIENT” means a “User” that purchases one of our Escort Script Software.
“Development Agency” means US, our agency EscortScripts.com Software
The User shall use the Program within the bounds of this Agreement only. By using the Program, the User thus consents to the conditions set forth in this Agreement. If the User does not wish to be bound by this Agreement, he shall not install and use the Program.
In order to conclude the Agreement, the User provides truthful, accurate and complete personal information according to the form available at the Official Website of the Copyright Owner at https://www.escortscripts.com The User guarantees that the information submitted through the form is trustworthy.
The Copyright Owner notifies the User that the Program is not sold to the User, but, in accordance with this Agreement, the User gains the right to use the Program under a simple non-exclusive license for compensation. The amount of the compensation to the Copyright Owner and the order of payment are defined on the Official Website of the Copyright Owner at https://www.escortscripts.com
The Copyright Owner may delegate the right to receive the compensation to its authorized reseller. In this case, the User pledges to pay the compensation to the authorized reseller. The list of authorized resellers is provided on the Official Website of the Copyright Owner at https://www.escortscripts.com
Every use of the Program is subject to this Agreement. Any use of the Program or any of its parts, which contradicts the conditions of this Agreement, is prohibited. If the law of the User’s country makes a provision for a different order of using similar products, the User may still use the Program only in the way and within the bounds stipulated by this Agreement.
Once the User buys one license, he becomes automatically our CLIENT and the Seller reserves the right to perform the installation of the script as per the requirements seen on the “7. INSTALLATION AND TECHNICAL REQUIREMENTS” point.
2.GRANT OF LICENSE
The Copyright Owner grants the User the right to use the Program under a simple non-exclusive license, and the User pays compensation to the Copyright Owner in accordance with this Agreement.
The User has the right to use the Program on the territory determined in section 7 of this Agreement in the following manner:
one-fold installation (writing to the computer memory) of a copy of the Program available through the Internet only via the License Domain Name. Before buying a License, the User must tell the Copyright Owner the License Domain Name of the Website on which the Program will be used.
This theme or plugin is comprised of two parts:
(1) The PHP code is licensed under the GPL license as is WordPress itself. You will find a copy of the license text in the same directory as this text file. Or you can read it here: http://wordpress.org/about/gpl/
(2) All other parts of the theme including, but not limited to the CSS code, images, developed code,functions and design are licensed according to the license purchased.
3.EXCLUSIVE RIGHT AND LIMITATIONS
The Program together with its modifications, updates and Program-based Derivatives developed by the Copyright Owner, the User or a third party as well as patents, trademarks and other intellectual property related to any part of the Program, or to any modification, upgrade or Program-based Derivative are and remain the exclusive property of the Copyright Owner. This Agreement constitutes no contract on disposal of the exclusive right, and shall by no means limit the rights of the Copyright Owner.
Copyright Owner has the right to:
use the information received from the User to improve the Program, including informing the User about the introduced improvements, updates;
notify the User that the copy of the Program is illegal and is used without a License.
The User has no right to:
make copies of the Program and let a third party copy the Program;
deploy additional copies of the Program on the Website which Domain Name the License was obtained for;
install and use the Program on other Domain Names, if there were no separate Licenses obtained for them;
extract, excerpt or use any part of the Program to create any Program-based Derivatives as well as provide such possibility to a third party;
sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Program, any of its copies (or any of its parts), Licenses and other rights to them, partially or in full, to a third party without a prior written consent of the Copyright Owner.
remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of the Program without a prior written consent of the Copyright Owner;
prevent the Copyright Owner from obtaining information about the usage of the Program.
The Program contains valuable trade secrets and proprietary information belonging to the Copyright Owner. The User pledges not to disclose Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without consent of the Copyright Owner, the User agrees to indemnify the Copyright Owner for all suffered damages.
5.WARRANTIES AND LIMITATIONS
The Program is provided “AS IS” with all possible malfunctions and in the state that is actual by the time the User pays the compensation to the Copyright Owner.
Under no circumstances the Copyright Owner guarantees error-free and uninterrupted performance of the Program and that the Program will meet the requirements of the User as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law.
Once the payment has been completed and the data logins for the installation have been provided (ftp login OR/AND cpanel login OR/AND server login OR/AND mysql login), the funds can not be refunded under any circumstance. So before you make the decision to purchase our script,please contact us for any question you may have, we encourage you to make the payment only after you are sure that you understood what we sell and you are certain that you want to buy our product. Contact mail: firstname.lastname@example.org
7. INSTALLATION AND TECHNICAL REQUIREMENTS
The installation of the directory script can only be PERFORMED BY OUR TEAM. In order to make it possible, we need you to agree to send us access to the FTP, MySQL database, Cpanel admin (if exist).
Your server need to meet some basic technical requirements in order to make the installation possible.
You can see them on the following page:
a) We specifically mention that in order to function well on your hosting, their server needs to have their php.ini memory_limit set at 256MB. This sets the maximum amount of memory in bytes that a script is allowed to allocate. Servers which allocate less than that may cause the script to run slow, provide errors or even not function at all. You may ask your host provider about this, or we may also suggest a good and cheap hosting plan which is perfect for our script.
b) ionCube Loader required, ionCube loader is a PHP extension for decoding encrypted PHP files at runtime. It is free and you can install it quite easily, see https://www.ioncube.com/loaders.php
c) After Installation
After we perform the installation, we will delete the data you see in the demo, like escort profiles, girls images etc. We don’t have any kind of commercial rights over their private data.
d) The script license User is buying is available for a single domain only, it can not be purchased once and installed on multiple domains. User is granted single-domain, non-exclusive, non-transferable (see exceptions under) license for one domain or IP address.
Two transfer exceptions can emerge:
d).1 Copyright Owner makes an exception in case User’s site will be banned by Google.com (not indexed, in this case Copyright Owner needs to make investigation and check, User needs to provide access to Google Search Console and on FTP files) or blocked by any state authority, and Copyright Owner will transfer license on another domain for free.
d).2 The second exception is for a situation that doesn’t match the previous one. If User chooses to switch domain for any other reason, the cost for this action is $200. User needs to close the initial website, the one that is changed, and a new license is generated for one year for the new domain, which is then renewed every year, free of charge. In case User reactivates the initial domain license, despite being prohibited, the 2nd license won’t get renewed. This is a safety measure to protect our copyright.
a) Escortscripts offers 30 days of FREE Support & Development to communicate us all the modification that you need to us and our team will implement. FREE Support & Development does not mean a complete change of website or doing custom script modifications. It means dealing with any bug that the script has and also showing to “Client” where to go to operate small changes, IF he has the needed php, css, html knowledge. CSS design, Media Design, custom script development can be made by “Client” and are not included in our “FREE Support & Development”.
If you need changes on Script, we advise you to contact us ( email@example.com ) before you buy this script and the communicate to us changes that you need, if you do not contact us we cannot guarantee that all your change will be implemented.
b) The footer message where we mention our website as the script provider “© 2017, provided by www.escortscripts.com” is non removable. It’s not a link, but simply a mention, so it should not bother you in any way. If you still want that mention removed, you will have two options:
1. You pay $20 and you also loose the right to get the free support we provide for the first 30 days after the purchase.
2. You pay $60 and you remain with the free support we provide for the first 30 days after the purchase.
If you opt the $20 footer promotional message removal option, you need to decide fast. If we offer you 5 days or more of free support, you won’t be able to opt for that option anymore and the only way to have the message removed is to pay the $60 option. This way you will continue to receive support for the entire month.
c) In case of User offending, blackmailing or threatening the EscortScripts’ team during the support procedure, we maintain our right to unilaterally quit the support we offer. Under no means we tolerate violence in language! At the same time, those with a respectful attitude will surely receive the best of what we can offer.
Escortscripts.com doesn’t offer software/plugins/script updates! A new updated script can have different fields, forms, more/less pages, new functions added, a new design, and maybe a new price.
There are many reasons why we can’t offer script updates, but basically we would need to totally reinstall it and the databases can’t be interconnected, so clients would loose all work and escorts data they worked hard to gather, or the script may not function at all after. The script works well as it is, you have no reasons to update anything.
We recommend not to make updates, this may generate conflicts and script crash. The script works very well as it has been developed. We do not take responsibility for any script crash created by plugin updates. As a kind recommendation here: you need to install a backup plugin and do a script backup. From our experience, clients try to perform large modifications to the script, many times they end up ruining it and then return to us for fixing or installing the script again. So do a backup!
10. PRODUCT PRICE
10.1 The price of the Product may increase or decrease at the Provider’s discretion with or without notice.
Existing users who apply for a New Product Installation will be liable for additional costs should the Product price increase (the difference between the initial payment and the current Product price), but won’t be liable due any refund if the price decreases. A New Product Installation of the same version, with same price which the user purchased, after the 30 days of Free Support, also will be charged.
10.2 All prices are in US dollars unless otherwise indicated.
11. CUSTOM DEVELOPMENT COPYRIGHTS
Client doesn’t have exclusive rights over the custom development changes that the Development Agency produces. The custom development result is basically a batch of functions that add a new functionality to the script, so not an end product over which Client has exclusive rights. Development Agency reserves the right to use the functions it creates as it considers, this includes integrating them into future script updates.
The Copyright Owner assumes that for the translated version of the script in other languages than English, some terms might not be perfectly translated and some even missing translation. Therefore, Copyright Owner takes the obligation to correct those terms with the condition that User provides the translated terms list.
The User assumes all the risks related to the performance and the usage of the Program, including the risk of not getting the expected profit, the risk of a software failure after the Program is installed, etc.
Under no circumstances the Copyright Owner is liable to the User for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the usage of or impossibility to use the Program.
In the event that the law of the User’s country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from using this Program if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to the amount of the compensation that the User paid for the License.
The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Program and all associated objects.
If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.
The User acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.
The Copyright Owner may unilaterally change this Agreement. The changes in the conditions of the Agreement shall come into force on the date of publishing on the Official website of the Copyright Owner, unless otherwise is specified in the publication, and become mandatory for acceptance and satisfaction by the User for further usage of the Program. The User is notified of the changes through a notice on the Official website of the Copyright Owner where the text of the changes is published as well as a respective notification is sent to the User’s email address.
The User acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the User agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
© 2018 Escortscripts.com