BASKWEB LICENSE AGREEMENT 1.1
Effective August 4, 2008
The "SOFTWARE PRODUCT" is all files included with the
BaskWeb system. The "SOFTWARE PRODUCT" also includes the BaskWeb logo
the "look and feel" of any page produced via BaskWeb or included with the
BaskWeb system. The provisions of this License Agreement applying to the
"SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT."
The "LICENSEE" is the individual who downloads, uses or
receives the SOFTWARE PRODUCT.
"MCCUTCHEN ENTERPRISES" is McCutchen Enterprises,
of Howell, Michigan; DBA BaskWare, DBA BaskWeb, DBA GoZippa, which is the OWNER of the SOFTWARE PRODUCT.
"SHANE MCCUTCHEN" is the sole author and sole
copyright owner of the "SOFTWARE PRODUCT".
"PLAN" or "PLANS" is the Starter, Basic, Platinum
packages offered from BaskWeb.
2.2 Application of License
By downloading or receiving the SOFTWARE PRODUCT, or by
installing the SOFTWARE PRODUCT onto any computer, or by using the SOFTWARE
PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees
to be bound by the terms of this License Agreement.
The LICENSEE is responsible for ensuring that the terms of
the License Agreement are upheld and the LICENSEE is responsible for any
violations of the License Agreement whether or not the LICENSEE authorized the
infringements of the License Agreement.
2.3 Permitted Uses
Provided that any required LICENSE FEES have been paid,
this License Agreement allows the LICENSEE to use the SOFTWARE PRODUCT for the
purpose of running an e-commerce internet based store.
2.4 Limited Warranty and Refund Policy
MCCUTCHEN ENTERPRISES will not offer any refunds for products or
services. ALL SALES ARE FINAL. In no case shall MCCUTCHEN
responsible for refunding any LICENSE FEES, regardless of the reason for
termination of this License Agreement.
In no case shall the liability of MCCUTCHEN ENTERPRISES exceed
the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if
LICENSE FEES have not been paid by the LICENSEE.
The SOFTWARE PRODUCT is not fault-tolerant and is not
designed for use in high-risk activities in any environment where the SOFTWARE
PRODUCT could lead to injury or death. MCCUTCHEN ENTERPRISES specifically disclaims
any warranties, express implied, of fitness for high-risk activities.
In no event shall MCCUTCHEN ENTERPRISES be liable for any
damages in excess of LICENSE FEES paid (including without limitation, special,
direct, incidental, consequential, or indirect damages for personal injury, loss
of business profits, business interruption, loss of information, loss of data,
and any other pecuniary loss) arising from the installation or any use of this
In no event shall MCCUTCHEN ENTERPRISES be liable or accountable
for the LICENSEE domain name(s). This includes registration, renewal, and
transfers. The LICENSEE assumes all responsibility for any events
involving domain names.
The LICENSEE voids this limited warranty by performing any
of the following actions:
1. Breaching any portion of this License Agreement.
2. Failing to promptly register the implementation
of the SOFTWARE PRODUCT with MCCUTCHEN ENTERPRISES following its implementation.
3. Deleting or moving (intentionally or
inadvertently) any file provided with, created by, or used by the SOFTWARE
4. Failing to meet the system requirements
LICENSEE'S server as stated on the BaskWeb download page for the version of the
SOFTWARE PRODUCT that the LICENSEE is attempting to install.
5. Failing to pay required LICENSE FEES in a timely
manner for the LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case
the LICENSEE not only voids the limited warranty, but also breaches this License
Agreement and is also subject to other provisions of this License Agreement.
2.5 Site Use and Content
The LICENSEE alone, not MCCUTCHEN ENTERPRISES, bears the entire
responsibility for the content of any internet site, even if the LICENSEE is
using the SOFTWARE PRODUCT as part of that internet site. In no way shall
MCCUTCHEN ENTERPRISES be liable or responsible
for the content of any LICENSEE'S
site, including but not limited to any data created by users of the SOFTWARE
In no case shall MCCUTCHEN ENTERPRISES be responsible for paying
to the LICENSEE or anyone else any amount of money, even if the termination of
the license diminishes or eliminates revenue raised by the implementation of the
SOFTWARE PRODUCT. In no case shall MCCUTCHEN ENTERPRISES be responsible for refunding
any LICENSE FEES, regardless of the reason for termination of this License
2.7 Cancellation Policy
The LICENSEE must submit in writing to MCCUTCHEN
that the LICENSEE would like to terminate the service. Basic, Platinum and
Enterprise Plans for 1 month, 3 month and 12 month contracts are all included in
this policy. Should the LICENSEE submit a cancellation notice prior to the END
of their contract period (1, 3 or 12 months), the LICENSEE will assume all
responsibility of this cancellation and forfeit any unused months on the
contract. No refunds or prorated amounts will be issued to the LICENSEE from
MCCUTCHEN ENTERPRISES under any circumstances.
MCCUTCHEN ENTERPRISES will automatically renew the subscription
of the LICENSEE's current PLAN if not cancelled 15 days prior to the END of
the LICENSEE's contract period (monthly, quarterly or annual PLAN).
MCCUTCHEN ENTERPRISES will use the LICENSEE's credit card on file to execute the
renewal of service. The renewal will be identical to the current PLAN,
length of contract and price. if the PLAN pricing changes, MCCUTCHEN
ENTERPRISES will notify the LICENSEE prior to executing the renewal to receive
This License Agreement is governed by the laws of the State
of Michigan. Both the LICENSEE and MCCUTCHEN ENTERPRISES submit to the jurisdiction
of the courts of the State of Michigan. Both the LICENSEE and MCCUTCHEN
agree to commence any litigation that may arise hereunder in the courts located
in the Judicial District of Livingston County in the State of Michigan.
THIS SOFTWARE IS PROVIDED BY THE BASKWEB DEVELOPMENT TEAM ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL MCCUTCHEN ENTERPRISES OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.