Google+ End User License Agreement

End User License Agreement

End User License Agreement

The present License Agreement is a legal agreement between you and ALPHA GLOBAL SERVICES LTD. By concluding the present Agreement, ALPHA GLOBAL SERVICES LTD. exercises powers on software product disposition on the basis of the Agreement dated June 10, 2011. ALPHA GLOBAL SERVICES LTD. carries out all rights and obligations regarding the software product disposition on right holder’s behalf in full.

The software package includes set of scripts, and may include associated media, printed materials, and "online" or electronic documentation, such as administration and installation manual. By purchasing, installing, copying, downloading, accessing or otherwise using the software products, you agree to be bound by the terms of this License Agreement.
1. THIS LICENSE AGREEMENT GRANTS YOU THE FOLLOWING RIGHTS
1.1. In accordance with the terms of the present agreement and for remuneration, ALPHA GLOBAL SERVICES LTD. provides you with a right to use one copy of the software product. The present license is un-exclusive (ordinary).
For the granted right to use the software product you pay ALPHA GLOBAL SERVICES LTD. the license fee in the amount indicated for the corresponding license on the software product site. Settlements are effected by placing an online order on the software product site or by any other convenient way previously agreed on by the Parties.
The Software Product will be delivered to you as download link, e-mail attachments or via other Internet means after the payment is approved by payment processing system and received by ALPHA GLOBAL SERVICES LTD. in full.
1.2. This license agreement authorizes you to install and use a single copy of the software product on a single domain name or IP address. If you install additional copies, even if such additional copies are located on the same domain and/or the same IP, such usage is prohibited unless additional licenses are purchased or a license allowing installation on several domains is purchased (hereinafter referred to as multidomain license). If a multidomain license is purchased you have the right to install the software product on several domains, on the same IP address, server, directory or different IP addresses, servers, directories. The number of licenses and terms of their installation and use subject to the description of multidomain license presented on the software product advertising site.
1.3. You may use the open code of the software product for personal purposes only: for making necessary modifications in the software product or adding necessary functions. Selling, licensing, giving away or otherwise distributing the open code of the software product in full or its scripts (parts) is prohibited. Nor may you use this source code, in full or any script (part) thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method.
2. COPYRIGHT
2.1. All rights for the software product, including any source code, images, photographs, animations, and text incorporated into the software product, the accompanying printed materials, and any copies of the software product, are protected by the current legislation as items of intellectual property. Any customization, translation, modification, or revision of the source code of the software product does not contain right to selling, licensing, giving away, or otherwise distributing such source code either in full or any subpart thereof. Creation of other products based on this software product or usage of the source code is prohibited.
2.2. For the purposes of this License Agreement, copyright infringement includes the acts of selling, licensing, giving away, or otherwise distributing all or any part of the source code contained in this software product, or using all or any part of the source code to create derivative works. Copyright infringement for purposes of this License Agreement shall also include using all or any part of the source code of the software product as part of another program that you or any subsequent party either sells, licenses, gives away, or otherwise distributes via any method. Copyright infringement under this License Agreement shall also include the act of appropriating any of the concepts, techniques, programming methods, or algorithms contained in the source code for the software product if the infringing party viewed or otherwise had access to the source code in any way, even if the source code of the infringing product has been modified or obfuscated so as to appear different from the source code of the software product. Access to the source code of the software product by the infringing party shall constitute proof of copyright infringement under this License Agreement if any of the other conditions above have been satisfied.
2.3. Copyright notices. Under all circumstances, you are prohibited from removing any of the copyright notices from the software, whether contained in the program code or within the HTML pages that the program generates. Removal or alteration of said copyright notices shall constitute a material breach of this License agreement. You agree that if you remove copyright notice in violation of this section, ALPHA GLOBAL SERVICES LTD. shall have the option of assessing a monetary penalty against you for such violation in lieu of terminating the license to use the software product. However, you are allowed to remove visible copyright references such as links to the software product site.
3. LIABILITIES OF PARTIES
3.1. You agree not to disclose or divulge any information whatsoever about the software product in any printed, electronic, or other formats either now known or hereafter developed or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of ALPHA GLOBAL SERVICES LTD.. It is not allowed to harm the reputation of the company with the purpose of resignation of requirements or requests within the scope of this license agreement. In case of violation of the abovementioned provisions of the given clause of the License agreement you shall be hold financially liable by judicial procedure in accordance with the current legislation. Such financial liability is intended to compensate for damages and thus constitute a remedy and not a penalty.
3.2. You agree to indemnify ALPHA GLOBAL SERVICES LTD. for all losses caused by violations of terms of the present agreement, as well as losses caused as a result of you transferring the data to third parties, whether or not this was done with your consent. Such third parties may include hosting companies (individuals), ISP, your customers, business partners, or any other parties.
3.3. You agree to use due diligence to safeguard and protect the software product and all source code from non-authorized third parties.
3.4. You specifically agree to indemnify ALPHA GLOBAL SERVICES LTD. for all losses that it may incur due to the theft of all or any part of the source code of the software product while in your possession.
4. TECHNICAL SUPPORT AND UPDATES (UPGRADES)
4.1. ALPHA GLOBAL SERVICES LTD. provides support and technical assistance for all licensed copies of the software product. ALPHA GLOBAL SERVICES LTD. reserves the right to determine time frame and amount of assistance provided. Abnormal support issues may incur additional service fees. ALPHA GLOBAL SERVICES LTD. has the right to request access information to files and database of the software product necessary to carry out technical support. In case of your refusal to provide the indicated details rendering of technical support may not be possible.
4.2. In cases of issues caused through your fault, technical support may require an additional fee.
4.3. If the software product implies receiving updates (further upgrades) that were guaranteed to you with the software product license, you may apply the upgrade to the initial version of the product or use the new version of the software product (a single copy on a single domain or IP) after having removed the initial version of the software product.
4.4. ALPHA GLOBAL SERVICES LTD. determines time frame of software product upgrades provision and in accordance with delivery terms. You may choose to upgrade software product or not to.
4.5. Upgrades are provided for licensed software products copies only. A new version of software product is provided for a licensed copy of the same software product and may not be technically compatible with the previous version of software product. The upgrade may also be not compatible with customized (either by you or by developers of ALPHA GLOBAL SERVICES LTD. upon your request) versions of software products.
4.6. ALPHA GLOBAL SERVICES LTD. provides upgrades both within version or next version for the software product for free within 12 months after the initial purchase. In case you request an upgrade 12 months after the initial purchase of the software product, the software product upgrade will require an additional fee. Upgrade installation, data transfer and other activities connected with version upgrade of the software product, if such are necessary, may also incur an additional fee.
5. HOSTING SERVICES
5.1. ALPHA GLOBAL SERVICES LTD. provides hosting services to their clients for an extra charge in accordance with the hosting plan the client selects. You agree to provide necessary information to ensure proper functioning of all additional services of ALPHA GLOBAL SERVICES LTD. that you selected. You agree that you are entirely responsible for maintaining the confidentiality of your customer login, password (collectively, the "Account Access Information"). You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify ALPHA GLOBAL SERVICES LTD. immediately of any unauthorized use of your account or any other breach of security.
5.2. In case you desire to terminate your use of ALPHA GLOBAL SERVICES LTD. hosting services, you are responsible for notifying ALPHA GLOBAL SERVICES LTD. no earlier than 10 days and no later than 3 days prior to your billing date. ALPHA GLOBAL SERVICES LTD. has no obligation to monitor your use of the services. ALPHA GLOBAL SERVICES LTD. reserves the right to review your use of the services and to cancel the services in its sole discretion. ALPHA GLOBAL SERVICES LTD. reserves the right to terminate your access to the services at any time, without notice, for any reason whatsoever. ALPHA GLOBAL SERVICES LTD. reserves the right to change account access information for security reasons, in this case the new info shall be provided to you.
5.3. The back up of the files will be stored on ALPHA GLOBAL SERVICES LTD. server during 1 month after your hosting account expiration. After this period expires, all the files will be deleted from ALPHA GLOBAL SERVICES LTD. server without any recover capability.
5.4. As a condition of your use of ALPHA GLOBAL SERVICES LTD. software and services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to ALPHA GLOBAL SERVICES LTD. if, for any reason, ALPHA GLOBAL SERVICES LTD. discovers your improper or illegal use of its hosting services.
5.5. You agree to use hosting account provided by ALPHA GLOBAL SERVICES LTD. only for installation of licensed software in accordance with all local, state, federal and international laws, regulations and requirements. In case of use of illegal software, your hosting account will be terminated without a right to compensation of the amount you paid ALPHA GLOBAL SERVICES LTD. for hosting services.
6. OTHER CONDITIONS
6.1. Amendments. You agree that, in order to maintain the ongoing license to use the software product, ALPHA GLOBAL SERVICES LTD. shall have the right to post reasonable amendments to this License Agreement from time to time at its web sites. After such amendments are applied to the present License Agreement your further actions on use of the software product will be governed by the amendments applied. Such amendments are necessary to protect the intellectual property rights of the rightholder and may not impose additional or ongoing fees for using the software product other than those that you agreed to when signing the present agreement.
6.2. You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. In case of nonfulfillment of this obligation you bear all possible risks.
6.3. You agree that ALPHA GLOBAL SERVICES LTD. has the right to mention your name and/or your web site as a customer site on the web sites of ALPHA GLOBAL SERVICES LTD., printed or electronic materials and mass media. Such mentioning may include displaying your site logo and linking to your web site.
7. LEGAL TERMS
7.1. The present agreement applies to the territories of the Parties location.
7.2. Validity period of the present License Agreement is not limited. The present agreement may be terminated earlier in some cases described in this clause or other sections of the agreement. This License Agreement will terminate automatically if you breach any provision of it. In this case, you shall cease further use of the software product, destroy all copies and parts of it. You agree that in case of breach of the agreement provisions, ALPHA GLOBAL SERVICES LTD. has the right to use any means to protect its copyright, including removing the software product or limiting access to its use remotely via Internet. Besides, in case you breach the provisions of the present Agreement, you forfeit a right for a refund of the amount paid under the present agreement.
7.3. The present agreement is constituted in accordance with the current legislation of the Seychelles Republic.
7.4. All disputes regarding this agreement shall be governed by the current legislation of the Seychelles Republic at the location of ALPHA GLOBAL SERVICES LTD.

7.5. By licensing the software product under this License Agreement, you confirm that you have full legal capacity of effecting the present deal, make any claims in accordance with the legislation of the Seychelles Republic.

7.6. In case you commit any violations of the present clause of the license agreement, you shall reimburse ALPHA GLOBAL SERVICES LTD. for all losses incurred as a result of this violation and for all expenses related to the enforcement by ALPHA GLOBAL SERVICES LTD. of its legal rights under this agreement.
8. RESPONSIBILITY
8.1. ALPHA GLOBAL SERVICES LTD. does not warrant that the functions of the software product received under the present agreement will meet all your requirements or that operation of the software product will be uninterrupted or error free.
8.2. You assume all responsibility for selecting the software product to achieve your intended results, and for the use and results obtained from the software product. ALPHA GLOBAL SERVICES LTD. is not responsible if the software product does not operate on your server or computer.
8.3. ALPHA GLOBAL SERVICES LTD. does not bear responsibility for any defects that appeared through your fault. You assume the entire risk of using the program and the entire cost of any service and repair.
8.4. In case it is proved that the software defects appeared through the fault of ALPHA GLOBAL SERVICES LTD., its responsibility is limited to the amount paid by you under the present agreement.
8.5. Failure to install the program is not a valid reason for requesting a refund of the purchase price.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS OF AMOUNTS TRANSFERRED TO ALPHA GLOBAL SERVICES LTD. FOR REASONS INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY YOU OR UPON YOUR CONSENT THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT OR THAT ARE NOT IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF ALPHA GLOBAL SERVICES LTD. FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER SIMILAR REASON.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER (HOSTING ACCOUNT) AND THAT IT WILL MEET ALL YOUR NEEDS.
SOFTWARE PRODUCT IS DELIVERED TO YOU ONLY AFTER YOUR PAYMENT IS APPROVED BY PAYMENT PROCESSING COMPANY. SOFTWARE PRODUCT IS DELIVERED TO YOU AS DOWNLOAD LINK, EMAIL ATTACHMENT OR OTHER INTERNET MEANS. ONCE PRODUCT IS DELIVERED YOU MAY NOT CLAIM ANY REFUND. IN CASE YOU CANCEL YOUR ORDER PRIOR TO DELIVERY YOU MAY CLAIM REFUND, HOWEVER PROCESSING FEES MAY APPLY.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral.