The following are the terms and conditions upon which KCScripts.com, a division of KCBusinesses.com, will license you (in this document, you will be referred to as "you" or the "Client") to use software created by and belonging to KCScripts.com, a division of KCBusinesses.com, pursuant to the terms and conditions of this Software License Agreement (the "License Software").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  UPON ACCEPTANCE OF YOUR ORDER BY KCSCRIPTS.COM, YOU BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.

Kcscripts.com reserves the right to require additional information from you at our discretion to verify your identity and/or payment method.  The software script(s) selected in your purchase order will be referred to in this License as the "Licensed Software".

1. LICENSE  KCScripts.com grants to the Client a limited non-exclusive License to install and execute the Licensed Software on a domain name, single computer, in one directory only, and to use the Licensed Software with respect to one set of data only
This License is conditional upon the Client paying all applicable license fees and respecting the terms hereof.
2. OWNERSHIP AND LIMITS TO USE
The Licensed Software and the Documentation remain at all times the sole and exclusive property of KCScripts.com. In order to protect the rights of KCScripts.com, the Client agrees to comply with the following:
(a) The Client shall not reproduce the Licensed Software beyond the number of permitted copies, nor shall the Client reproduce, distribute, transmit or provide access to the Licensed Software to or for the benefit of a third party;
(b) The Client shall not sublicense, loan, sell, or otherwise transfer all or part of the Licensed Software or Documentation or any interest therein to or for the benefit of a third party without approval by KCScripts.com. Authorized resellers may loan or sell copies of the script for those licenses purchased at prearranged rates and the conditions of this terms and use must still apply;
(c) The Client shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code; and
(d) The Client shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
3. LIMITATION OF LIABILITY
THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, KCSCRIPTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE, AND DOCUMENTATION, INCLUDING WITH RESPECT TO OR TECHNICAL SUPPORT AND UPGRADE. KCSCRIPTS SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KCSCRIPTS.COM SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME AND/OR LOSS OF INCOME. IN ANY EVENT, THE TOTAL LIABILITY OF KCSCRIPTS.COM SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY KCSCRIPTS.COM HEREUNDER.

This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.

4. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE
The Client may modify, adapt and/or create improvements to the Licensed Software solely for its own purposes (the "Improvements"). The Client acknowledges that the exercise of such right does not confer upon it any right of ownership in the Licensed Software or any right to provide, license, assign, sell or lease to third parties such modified, adapted or improved version of the Licensed Software, or the Improvements independently of the Licensed Software.
5. CONFIDENTIALITY
The Client acknowledges that all information relating to the Licensed Software that it has obtained or shall obtain, including the source code of the Licensed Software, are of a confidential nature and are trade secrets exclusively owned by KCScripts.com.
6. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated or sublicensed without the prior written consent of KCScripts.com. Any such assignment, transfer, delegation or sublicense in breach of this undertaking is void and results in the immediate termination of this License.

7. Co-branding and ASP Hosting Prohibited without formal agreement.

License Software may not be co-branded or otherwise extended to any other web site. Client is prohibited from using the Licensed Software to host its built in functionality for other web sites as an Application Service Provider (ASP), regardless of whether you charge other web sites or users for access to such hosted functionality. Such usage is expressly prohibited under this EULA. KCScripts.com shall have no obligation to grant you a license for such usage.

8. TERMINATION
KCScripts.com shall have the right to terminate this License agreement and use of our software by any client immediately with notice.
The Client undertakes in the event of termination of this License to immediately cease any and all use of the Licensed Software and to destroy any copies made.

9. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.

10. SPECIAL PROVISIONS

U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is KCScripts.com/9009 W. 101st St., Overland Park KS 66212.

11. LANGUAGE
The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English. Les parties reconnaissent par les présentes que chacune d'elles a exigé que cette license et tout document ou avis y afférent soient rédigés en anglais.

12. Enforcement Costs.
In the event that you breach any provision of this EULA, you agree that you shall reimburse KCScripts.com for all expenses related to the enforcement by KCScripts.com of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by KCScripts.com that are associated with enforcing its legal rights under this Agreement.
All legal enforcements will reside in Kansas City Kansas in the United States.