END USER LICENSE AGREEMENT FOR “MAKE CONTEST” SOFTWARE

IMPORTANT:  THIS SOFTWARE END USER LICENSE AGREEMENT (‘EULA’) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND LEVEL UP TECHNOLOGY. READ IT CAREFULLY BEFORE PURCHASING, INSTALLING, AND USING THE “MAKE CONTEST” SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.

BY SELECTING THE ‘I ACCEPT’ BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT PURCHASE, INSTALL OR USE THE SOFTWARE.

1.    DEFINITIONS

(a) LEVEL UP TECHNOLOGY means LEVEL UP TECHNOLOGY LTD CO and its licensors, if any.

(b) ‘Software’ means the “MAKE CONTEST” software program and any third party software programs contained therein, in each case supplied by LEVEL UP TECHNOLOGY herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.

(c) ‘Agreement’, ‘EULA’ refers to this document, End User License Agreement

(d) ‘Software License’ refers to a license which is issued to a designated user and enables such user to install and use the Software on a number of domains authorized for installation by the type of License.

2.    LICENSE GRANTS

LEVEL UP TECHNOLOGY hereby grants to you the following non-exclusive rights in respect of the Software subject to your fulfillment of the relevant criteria. The rights granted to you are personal and non-transferable.

(a) Standard Software License. You may install the Software on a single domain for your personal, educational or business use PROVIDED THAT you have obtained from LEVEL UP TECHNOLOGY a Standard Software License.

(b) Business Software License. You may install the Software on two domains for your personal, educational or business use PROVIDED THAT you have obtained from LEVEL UP TECHNOLOGY a Business Software License.

(c) Professional Software License. You may install the Software on up to six domains for your personal, educational or business use PROVIDED THAT you have obtained from LEVEL UP TECHNOLOGY a Professional Software License.

(d) Backup Copy. You may make copies of the Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.

(e) Development Copy. You may install the Software on a local machine or one additional domain per each domain authorized for installation by License type you have purchased provided that the installation is a single development copy and can be only accessed by license holder and commissioned developers, and not accessible to the general public.

3.    INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Software is protected by U.S, CANADA, and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software. This Software is licensed, not sold.

Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of LEVEL UP TECHNOLOGY. LEVEL UP TECHNOLOGY reserves all intellectual property rights, including copyrights, and trademark rights.
The foregoing license gives you limited license to use the Software.

LEVEL UP TECHNOLOGY and its suppliers and partners retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by LEVEL UP TECHNOLOGY, its suppliers and its partners.

4.     LICENSE RESTRICTIONS

(a) You may not make or distribute copies of the Software.

(b) You may not reverse engineer, decompile, or disassemble the Software. You may not create derivative works based upon the Software in whole or in part, unless otherwise expressly indicated by LEVEL UP TECHNOLOGY.

(c) You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or transmit it over a network for use on more domains for which you have no valid License.

(d) You may not create derivative works based upon the Software.

(e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(f) In the event that you fail to comply with this EULA, LEVEL UP TECHNOLOGY may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

5.    SUPPORT

LEVEL UP TECHNOLOGY may provide you with support services related to the Software License. Any supplemental software code or related materials that LEVEL UP TECHNOLOGY provides to you as part of the support services is to be considered part of the Software and is subject to the terms and conditions of this EULA.

The support shall be provided mainly by means of an electronic ticketing system, or at the sole discretion of LEVEL UP TECHNOLOGY may be provided by other means of communication such as telephone and/or electronic mail (E-Mail). The level of support you shall receive depends on the license type.

(a) Developer License: no technical support shall be given for ANY issues and ANY reasons. Lifetime free updates when new MakeContest versions become avialble.

(b) Business License: limited technical support: help on errors encountered during the normal use of unmodified Software, free bug fixes for 60 days after the date of purchase. Lifetime free updates when new MakeContest versions become avialble.

(c) Professional License: priority technical support: help on errors encountered during the normal use of unmodified Software, free bug fixes for one year after the date of purchase. Lifetime free updates when new MakeContest versions become avialble.
Support, at its sole discretion, may provide assistance with other issues on a case-by-case basis.

Support will NOT be liable for requests involving the customization of our software including but not limited to:

  1. The integration of third-party modules
  2. The addition of functionality to the Software
  3. The customization of the graphical interface
  4. Assistance in locating resources out of Support’s realm of expertise

Support terms and conditions ONLY apply to UNMODIFIED software. Unfortunately we are not able to provide support and fix bugs for modified/customized scripts.

6.    ILLEGAL DISTRIBUTION

If this Software is found to be stolen, distributed without permission, illegally obtained, or if the users of this Software are found to be breaching any of the terms herein, the LEVEL UP TECHNOLOGY has the unconditional right to prosecute them to the fullest extent of the law.

7.     WARRANTY DISCLAIMER

(a) LEVEL UP TECHNOLOGY AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT, LEVEL UP TECHNOLOGY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.

(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.

(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEVEL UP TECHNOLOGY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(e) LEVEL UP TECHNOLOGY shall have no responsibility if the Software has been altered in any way, or FOR ANY failure THAT arises out of use of the Software with other than a recommended hardware configuration, PLATFORM OR OPERATING SYSTEM.

8.     LIMITATION OF LIABILITY

(a) NEITHER LEVEL UP TECHNOLOGY NOR ITS SUPPLIERS AND PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LEVEL UP TECHNOLOGY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SOFTWARE AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN “AS-IS” BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED.

(b) LEVEL UP TECHNOLOGY ‘S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $50.

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

9.     REFUND POLICY

Please take time and evaluate the Software using our online demo. Before purchase, make sure that your server supports the Software requirements. Refunds will not be given for reasons surrounding the user’s lack of knowledge of the Software’s functionality, limitations, or restrictions, as we provided every opportunity to evaluate the Software prior to purchase. If you have a question, please ask our staff before making your purchase. Complete source code is shipped with the Software, the digital nature of the product makes it non-returnable; therefore all sales are final. Refunds are NOT given for installation fees or other non-product labor costs.