User Agreement

1. GENERAL SOFTWARE LICENSE

Each Software package purchased under this Agreement is licensed for one domain name only. The license cannot be transferred to another domain. If you would like to run the Software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.

You may not copy any written materials accompanying the Software without express written authorization from Exciz. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Exciz and is protected by international copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Exciz Software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.

In consideration of payment of the license fee, which is part of the price of the Software, Exciz grants to You the nonexclusive right to use the Software for company/organizational/personal use. You may use the Software and/or any Software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Exciz reserves the rights to suspend, revoke or terminate your license to use the Software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.

2. WARRANTY / DISCLAIMER INFORMATION

UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND EXCIZ, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED UNDER A LIMITED WARRANTY.

Exciz guarantees the correct performance of its Software in accordance with functionality outlined on the web-site or as agreed upon in advance with the client, given that all the preliminary server requirements are met by the client and installation and integration were performed by the Exciz support team.
Under any of the circumstances outlined bellow, in no event shall Exciz be held responsible for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption or any other pecuniary losses based on any theory of liability, arising out of or in connection with the use of or inability to use the Software.
Installation and/or Integration is performed by the client and not by the Exciz support team.
Server requirements outlined on the web-site and or recommended by the Exciz are not met.
Exciz assumes no responsibility for errors and/or poor performance of any third party software such as Streaming Media Server, used by and/or along with the Exciz Software.
Exciz sets free upgrade period as 3 months from the date of software purchase. Upgrade doesn't include repeated execution of previously ordered services: custom development, installation, integration, skin design.

3. REMEDIES

In no event shall Exciz total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the Software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy.

4. TERMINATION

This Agreement is effective IMMEDIATELY upon Your Software purchase. Unless terminated sooner by Exciz, any license granted by this Agreement terminates in accordance with the method and timeframes specified. Without prejudice to any other rights, Exciz may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Exciz Software from your possession within 24 hours of Exciz License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.
For all Exciz products NO REFUNDS WILL BE GIVEN AFTER 30 days of purchase of the product.

5. RESELLING EXCIZ SOFTWARE

A specific contract and terms for reselling Exciz Software can be obtained by contacting Exciz Customer Support. You cannot resell Exciz Software unless you have received a separate reseller agreement.

6. INDEMNITY

You agree to defend, indemnify and hold Exciz harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Exciz.

Hosting Adreement

1. Common definition

"Client" means the persons, entity or agents and authorized representatives accepting this agreement. "Content" means all text, pictures, sound, graphics, video, links, and other data and(or) streaming stored by Client and/or user's of Client's Website on Exciz' server.

2. Duties and responsibilities

Exciz guarantees the execution of the FMS hosting service which is the subject of the current agreement.
Exciz is to handle all the streaming Content and provide bandwidth as claimed by the license purchased and necessity of the actual traffic usage.
Exciz is not responsible for any problems with the hosting account malfunction, including data and(or) quality loss, be it deliberate or unintentional Client's interference into hosting account settings.
Customer undertakes to understand and accept the following:
Unused bandwidth may neither be accumulated nor correlated with the next payment period.
If Client's bandwidth usage exceeds the initially stated frames Client's hosting plan will be upgraded automatically, involving the increase in the bandwidth and payment respectively.
Customer guarantees to act in accordance with this Agreement.

3. Ownership of Content

All Content stored by Customer on Excizs' server computers shall at all times remain the property of Customer.
Exciz is eligible to receive non-exclusive permission, in case prior notification was made and Client's consent received, to alter, delete, move files in order to maintain proper state of Client's hosting account.
Exciz doesn't apply limitations on the Content uploaded and (or) streamed through the servers and delivered to end user which might be abusing in any case. All the responsibility for the Content is handled by the Client.

4. Payment

Customer shall make payment in the amount and of frequency agreed upon during account signup.
Exciz shall invoice monthly unless otherwise negotiated.
Payment is due on the day stated in the invoice.
It is the Customer's responsibility to maintain accurate billing information with Exciz. This may include updated credit card information, e-mail address and mailing address.

5. Termination

This Agreement is effective immediately upon Client's first Excizs' hosting payment.
Client reserves the right to terminate this Agreement at any time upon a written notice to Exciz.
Exciz reserves the right to suspend, revoke or terminate this Agreement unilaterally if the Client fails to comply with any of the current Agreement's provisions.

6. Warranty/Disclaimer Information

UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN CLIENT AND EXCIZ, ALL INFORMATION IN THIS AGREEMENT IS PROVIDED UNDER A LIMITED WARRANTY AND IS EXCLUSIVE.

Installation / integration terms:

Common definition
Installation service - includes following actions from the executor: application installation on web and fms server (if applicable), database tables creation, settings adjustment, testing. This service doesn't include additional software installation and server elements configuration required for proper application use (media server, database, webserver, server engine).

Exciz guaranties service execution in accordance with specifications outlined below and in time scale defined by the agreement or as agreed upon in advance with the client, given that all the preliminary server requirements are met by the client. In no event shall Exciz be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from client interference in the process of integration or complete integration state. Exciz assumes no responsibility for errors and/or poor performance of any third party software such as Streaming Media Server, used by and/or along with the Exciz Software. Exciz undertakes to treat and all of such Confidential Information as strictly confidential and not to divulge it to any third party for any purpose whatsoever and not to make use of such Confidential Information, or any part thereof, for any purpose without the Discloser's prior consent.
Client undertakes to provide executor with required access details and specifications for server and website structure and assumes conditions of the current agreement.