MyGenesis! CMS License Agreement


By using or installing MyGenesis! CMS, you are agreeing to be bound by the terms and conditions of this License Agreement. In order to install, download and use this software you must purchase a valid license.

1. License Grant
Surfs Global grants to you, the Licensee, the non-exclusive, non-transferable right to use the Software in accordance with the license you purchase. These license terms apply to your end users and any person ustilizing the software.

Single User License:
Grants licensee the right to install and use one (1) instance of the Software on one licensed domain on a single web server with a single user accessing the single instance of the software.

Multi User License:
Grants licensee the right to install and use one (1) instance of the Software on one licensed domain on a single web server with unlimited users and domains accessing the single instance of the software.

Private Label This is an additional license which must be purchased in addition to your MyGenesis CMS license. A Private Label allows you to replace or remove the publically viewable MyGenesis! CMS software name and version number with your own private label.

2. License Conditions all licenses must agree to the following:

  1. You have purchased a valid License;

  2. Your application adds substantial value to the SOFTWARE and is not a standalone program;

  3. Your application is not a freeware or shareware product;

  4. If you substantially change the script you are free to attach your own copyright to your own value-added work, but your claim would apply only to the value-added work, and would not compete with the original copyright.

  5. You agree to indemnify, hold harmless, and defend SGI and its suppliers or contractors from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution or other activities relating to your applications.


3. Distribution Conditions

I. Only valid licensees may install or download the Software as regulated by the license purchased.

II. The copyright notice appearing in the header of the source code must remain in its original form.

III. The software name and version number located at the bottom of the user interface pages may not be removed without a private label license.

IV. You may not resale this script or any derived work. All multi user licenses are encouraged to sell access to this script, i.e. as part of a paid web hosting company which charges its customers. You would not be able to sell this script itself to others.

V. You may not re-distribute this script alone - for example, by placing the original ZIP archive on your download site. To distribute the script, link to www.my-genesis.com

VI. Violating the distribution conditions infringes on the script copyright and damages the underlying business model. Any infringement claim against a violator may include: actual damages to the copyright holder; any profits earned by the violator; and statutory damages up to $100,000, plus court costs and attorney fees.

4. Transfer of License

You may not transfer any of your rights under the MyGenesis! Software License Agreement to other individuals or entities. Without prejudice to any other rights,SGI may terminate thisMyGenesis! Software License Agreement at any time if you fail to comply with any of its terms. In such an event of termination, you must destroy and stop using all affected copies of MyGenesis! CMS.

5. Discounted licenses

If you are a federally recognized not for profit organization you may receive a 10% discount on all MyGenesis! licenses and products. You must provide a valid Not for profit tax id to receive this discount.

If you host on the SGI network we'll give you 10% off your MyGenesis! license and all MyGenesis products and services.


6. Refunds

Full refunds are provided if you are unable to download or install the software within the first 30 days from your license purchase. If you install or download the software you have possession of the software and because we cannot fully enforce the software return or discontinuance of use you would not be eligble for a refund. Refunds will be made by reversing your credit charge thru paypal or if you paid by check or money order SGI will issue a refund check within 3 weeks from the date of your request. Refund requests must be made within the first 30 days from license purchase.

7. Copyright
This Software and the accompanying materials are copyrighted and contain proprietary information. Unauthorized copying of the Software or accompanying materials even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may make copies of the Software solely for backup purposes provided the copyright and trademark notices are reproduced in their entirety on the backup copy.SGI reserves all rights not specifically granted to Licensee.SGI warrants to you thatSurfs Global and it's owners are the sole owners of all patents, copyrights or other applicable intellectual property rights in and to the Software unless otherwise indicated in the documentation for Software. The Software and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the Software to others accept in accordance with your license description. You may not disassemble, decompose, or reverse engineer the Software.

8. Warranty&Risks
Although efforts have been made to assure that the Software is date compliant, correct, reliable, and technically accurate, the Software is licensed to you as is and without warranties as to performance of merchantability, fitness for a particular purpose or use, or any other warranties whether expressed or implied. You, your organization and all users of the Software, assume all risks when using it. The manufacturers, distributors and resellers of the Software shall not be liable for any consequential, incidental, punitive or special damages arising out of the use of or inability to use the Software or the provision of or failure to provide support services, even if we have been advised of the possibility of such damages. In any case, the entire liability under any provision of this agreement shall be limited the amount actually paid by you for the software.

9. Technical Support, Product Upgrades and Training
Surfs Global will provide free personal technical support for a period of 30 days from the date of purchase on all licenses. All licensees will have unlimited access to our secure members area where comprehensive help archives and peer support forums are available. Technical support is not provided to your end user unless each end user has a valid License. Personal Support provided over the allotted time frame will be billed at the rate of $45 USD per hour measured in 15 minute increments. Perodic product upgrades will be provided free for install or developer download in the secure members area. Surfs Global will provide fee based online training to qualified licensees.

10. Controlling Law
This License Agreement shall be governed by and construed in accordance with the laws of Stephenson County, Illinois.

Entire Agreement: This agreement constitutes the entire agreement between you and Surfs Global. Any oral statements made by a representative of Surfs Global relating to the product or service shall not be a basis for any WARRANTIES or GUARANTEES of any kind.



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