END-User LICENSE AGREEMENT
on the use of EscortScripts.com Software
This license agreement (hereinafter referred to as the “Agreement”) constitutes a contract between the owner of exclusive rights to the EscortScripts.com Software (hereinafter referred to as the “Copyright Owner”), and you (hereinafter referred to as the “Client”).
This Agreement contains definitions and conditions under which the Client can use EscortScripts.com Software.
TERMS AND DEFINITIONS
All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
Software means the Directory Software and all related printed materials, help and online documentation as well as all copies and all derivative works related to this software, including but not limited to, all updates and modifications created by the Copyright Owner.
Software-based Derivative means any Software, work or information created by the Client or a third party using the Software or any of its parts.
Domain Name means a unique alphanumeric name intended to identify a resource on the Internet.
Website means a collection of related web pages or other digital assets available on the Internet through a common Domain Name.
License means the right provided by the Copyright Owner allowing the Client to use one copy of the Software.
License Domain Name means the Domain Name for which the Client obtains the License to use the Software.
Official Website of the Copyright Owner means the website of the Copyright Owner available on the Internet at https://www.escortscripts.com
Confidential Information means the contents of the Software (source code) as well as other information about the Software that the Copyright Owner may deem confidential.
“Client” means a “User” that purchases one of our Escort Script Software.
“Development Agency” means US, our agency EscortScripts.com Software
1.GENERAL PROVISIONS
The Client shall use the Software within the bounds of this Agreement only. By using the Software, the Client thus consents to the conditions set forth in this Agreement. If the Client does not wish to be bound by this Agreement, he shall not install and use the Software.
In order to conclude the Agreement, the Client provides truthful, accurate and complete personal information according to the form available at the Official Website of the Copyright Owner at https://www.escortscripts.com The Client guarantees that the information submitted through the form is trustworthy.
The Copyright Owner notifies the Client that the Software is not sold to the Client, but, in accordance with this Agreement, the Client gains the right to use the Software under a simple non-exclusive license for compensation. The amount of the compensation to the Copyright Owner and the order of payment are defined on the Official Website of the Copyright Owner at https://www.escortscripts.com
The Copyright Owner may delegate the right to receive the compensation to its authorized reseller. In this case, the Client pledges to pay the compensation to the authorized reseller. The list of authorized resellers is provided on the Official Website of the Copyright Owner at https://www.escortscripts.com
Every use of the Software is subject to this Agreement. Any use of the Software or any of its parts, which contradicts the conditions of this Agreement, is prohibited. If the law of the Client’s country makes a provision for a different order of using similar Softwares, the Client may still use the Software only in the way and within the bounds stipulated by this Agreement.
Once the Client buys one license, he becomes automatically our CLIENT and the Seller reserves the right to perform the installation of the script as per the requirements seen on the “7. INSTALLATION AND TECHNICAL REQUIREMENTS” point.
2.GRANT OF LICENSE
The Copyright Owner grants the Client the right to use the Software under a simple non-exclusive license, and the Client pays compensation to the Copyright Owner in accordance with this Agreement.
The Copyright Owner sells a ready made software, so Client can not expect nor demand that his purchased software is unique.
The Client has the right to use the Software on the territory determined in section 7 of this Agreement in the following manner:
one-fold installation (writing to the computer memory) of a copy of the Software available through the Internet only via the License Domain Name. Before buying a License, the Client must tell the Copyright Owner the License Domain Name of the Website on which the Software will be used.
This theme or plugin is comprised of two parts:
(1) The PHP code is licensed under the GPL license as is WordPress itself. You will find a copy of the license text in the same directory as this text file. Or you can read it here: http://wordpress.org/about/gpl/
(2) All other parts of the theme including, but not limited to the CSS code, images, developed code,functions and design are licensed according to the license purchased.
The Software is decrypted so that the Client has access to its source code, all but the functions files, which are encoded by the Copyright Owner. Client does not have the right to demand access to the encrypted files, but he has the right to create his own functions further, so he can customize the Software according to his will.
3.EXCLUSIVE RIGHT AND LIMITATIONS
Exclusive right:
The Software together with its modifications, updates and Software-based Derivatives developed by the Copyright Owner, the Client or a third party as well as patents, trademarks and other intellectual property related to any part of the Software, or to any modification, upgrade or Software-based Derivative are and remain the exclusive property of the Copyright Owner. This Agreement constitutes no contract on disposal of the exclusive right, and shall by no means limit the rights of the Copyright Owner.
Copyright Owner has the right to:
use the information received from the Client to improve the Software, including informing the Client about the introduced improvements, updates;
notify the Client that the copy of the Software is illegal and is used without a License.
Limitations:
The Client has no right to:
make copies of the Software and let a third party copy the Software;
deploy additional copies of the Software on the Website which Domain Name the License was obtained for;
install and use the Software on other Domain Names, if there were no separate Licenses obtained for them;
extract, excerpt or use any part of the Software to create any Software-based Derivatives as well as provide such possibility to a third party;
sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Software, any of its copies (or any of its parts), Licenses and other rights to them, partially or in full, to a third party without a prior written consent of the Copyright Owner.
remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of the Software without a prior written consent of the Copyright Owner;
prevent the Copyright Owner from obtaining information about the usage of the Software.
demand access to the encrypted functions files of the Software;
4.CONFIDENTIALITY
The Software contains valuable trade secrets and proprietary information belonging to the Copyright Owner. The Client pledges not to disclose Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without consent of the Copyright Owner, the Client agrees to indemnify the Copyright Owner for all suffered damages.
5.WARRANTIES AND LIMITATIONS
The Software is provided “AS IS” with all possible malfunctions and in the state that is actual by the time the Client pays the compensation to the Copyright Owner.
Under no circumstances the Copyright Owner guarantees error-free and uninterrupted performance of the Software and that the Software will meet the requirements of the Client as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law.
6. PAYMENT
Once the payment has been completed and the data logins for the installation have been provided** (ftp login OR/AND cpanel login OR/AND server login OR/AND mysql login OR/AND any kind of platform logins where we can upload our script or we can have access to FTP/MYSQL or we can create a server instance), the funds can not be refunded under any circumstance. So before you decide to purchase our script, please contact us for any questions you may have, we encourage you to make the payment only after you are sure that you understand what we sell and you are certain that you want to buy our Software. Contact mail: sales@escortscripts.com
**We do not offer refunds for Bitcoin payments. When you select Bitcoin as your payment method for purchasing Products from us, you acknowledge that Bitcoin transactions are irreversible. Once the transaction is confirmed on the Bitcoin network, it cannot be reversed, canceled, or refunded under any circumstances.
7. INSTALLATION, REINSTALLATION AND TECHNICAL REQUIREMENTS
The installation of the directory script can only be PERFORMED BY OUR TEAM. In order to make it possible, we need you to agree to send us access to the FTP, MySQL database, Cpanel admin (if exist).
Your server need to meet some basic technical requirements in order to make the installation possible.
You can see them on the following page:
a) We specifically mention that in order to function well on your hosting, their server needs to have their php.ini memory_limit set at 256MB. This sets the maximum amount of memory in bytes that a script is allowed to allocate. Servers which allocate less than that may cause the script to run slow, provide errors or even not function at all. You may ask your host provider about this, or we may also suggest a good and cheap hosting plan which is perfect for our script.
b) ionCube Loader required, ionCube loader is a PHP extension for decoding encrypted PHP files at runtime. It is free and you can install it quite easily, see https://www.ioncube.com/loaders.php
c) After Installation
After we perform the installation, we will delete the data you see in the demo, like escort profiles, girls images etc. We don't have any kind of commercial rights over their private data.
d) The script license Client is buying is available for a single domain only, it can not be purchased once and installed on multiple domains. Client is granted single-domain, non-exclusive, non-transferable (see exceptions under) license for one domain or IP address.
Two transfer exceptions can emerge:
d).1 Copyright Owner makes an exception in case Client's site will be banned by Google.com (not indexed, in this case Copyright Owner needs to make investigation and check, Client needs to provide access to Google Search Console and on FTP files) or blocked by any state authority, and Copyright Owner will transfer license on another domain for free.
d).2 The second exception is for a situation that doesn't match the previous one. If Client chooses to switch domain for any other reason, the cost for this action is $200. Client needs to close the initial website, the one that is changed, and a new license is generated for one year for the new domain, which is then renewed every year, free of charge. In case Client reactivates the initial domain license, despite being prohibited, the 2nd license won't get renewed. This is a safety measure to protect our copyright.
e) If Client uses a server that is not compliant with the Technical Requirements demanded by the Copyright Owner and displayed at Chapter 7. INSTALLATION, REINSTALLATION AND TECHNICAL REQUIREMENTS and https://www.escortscripts.com/technical-requirements/ page, or which creates errors when the Software is installed and loaded on it, then Client would need to acquire a host recommended by the Copyright Owner, which is tested to offer Software a normal functionality.
f) The Client has the right to ask for script reinstall for up to two times within the first 6 months from the date of purchase, free of charge.
After two reinstalls within the first six months from the date of purchase, reinstallation can only be done for a fee.
After six months, reinstallation of the script can only be done for a fee.
We reserve the right to refuse script reinstallation if the customer violates point 8.4 of the TOS.
For more details regarding reinstallation costs, please visit the page: https://crm.escortscripts.com/billing/signup/reinstallation
8. SUPPORT
8.1 Prior to Software Purchase
In case Client needs changes on Software prior to Software purchase, Copyright Owner advise to contact his team ( sales@escortscripts.com ) prior to purchasing the Software and communicate the needed changes. Without this step Copyright Owner cannot guarantee that all the desired change would be implemented.
8.2 After the Software Purchase
Copyright Owner offers 30 days of FREE Support during which Client can communicate all the desired modifications/questions and Copyright Owner team will support implementing/replying. FREE Support does not mean a complete change of Software or doing custom Software modifications. It means dealing with any bug that the Software has and also showing to Client where to go to operate small changes, if Client has the needed php, css, html knowledge. CSS design, Media Design, custom Software development can be made by Client and are not included in the FREE Support Software.
Within the free Support procedure, Copyright Owner would help Client by indicating where to edit/add/delete a simple function or element, and Client would do the simple changes by his own. Copyright Owner would only intervene directly where the Copyright Owner development changes are required and possible to be implemented within the Support limits.
The Copyright Owner would not be forced by Client to add/edit/delete Software functions or other elements that are mandatory into a good functioning or can change the initial functionality of the Software.
8.3 Footer Branding Reference
The footer message where the Copyright Owner mentions Official Website as the Software provider "© 2020, provided by www.escortscripts.com" is non removable. It’s not a link, but simply a mention, so it should not bring any inconvenience. If Client still want that mention removed, he has two options:
8.3.1. Pay $20 and also lose the right to get the free Support the Copyright Owner provides for the first 30 days after the purchase.
8.3.2. Pay $60 and keep the free Support the Copyright Owner provide for the first 30 days after the purchase.
In case Client opts for the $20 footer promotional message removal option, he needs to decide fast. If the Copyright Owner offer 5 days or more of free Support, Client won’t be able to opt for that option anymore and the only way to have the message removed is to pay the $60 option. This way Client will continue to receive Support for the entire month.
8.4 Violent/Offensive Attitude
In case of Client offending, blackmailing or threatening the Copyright Owner during the Support procedure, Copyright Owner maintains his right to unilaterally quit the Support. Under no means violence in language is tolerated! At the same time, Client with a respectful attitude will receive the best of what Copyright Owner can offer.
8.5 Support limitation
The Copyright Owner reserves the right to offer or stop offering support after the initial 30 days of free support.
8.6 Paid Support
8.6.1 Paid Support Plans
After 30 days of free support Copyright Owner reserves the right to charge for support.
Paid support plans: https://crm.escortscripts.com/billing/signup/support
8.6.2 Paid Support Terms of Use
The Copyright Owner can not test the website fully, prior to the Paid Support Plans(*8.6.1) OR custom paid development services, to notice all the eventual functions that don't work at that specific moment, and in order to prevent any dispute over existing flaws that they would be blamed for, the following are necessary:
Client is compelled to operate a complete website backup (1) before purchasing any Paid Support Plans(*8.6.1) OR custom paid development services, and a complete website backup (2) after the service period ends or (if this emerges sooner) after the dispute moment.
In case the Client indicates that an issue has been observed after the Paid Support Plans(*8.6.1) OR custom paid development services has been fulfilled, the Copyright Owner may ask the Client to install backup (1) and bring the website to the initial form, in order to check whether the disputed issue was caused during the Support service implementation or was already present.
8.7 Free Support
Within the 30 calendaristical days of free support from the installation moment, EscortScripts.com will be responsible for answering in max 24-48 hours, to a maximum 12 questions or 12 requests in a working week, to a maximum 4 questions or 4 requests within email, to maximum 3 replays in a week. For website changes and interventions, we would take no more than 20 minutes/week to do the requested changes and setups.
Working Week: Monday – Friday, 9-18, GMT+1
8.8 Communication
8.8.1 Language - English, mandatory, the only option.
8.8.2 Schedule - Monday - Friday, 9-18, GMT+1
9. Script Modifications
a) Copyright Owner offers and installs the Software exactly the same as it is presented in Demo seen here https://demos.escortscripts.com and no design other than the ones presented on the mentioned webpage is assumed not promised by the Copyright Owner.
b) Software design can be modified from the theme panel, by manual editing of the CSS files and the theme files.
c) Copyright Owner does not substitute/assume the technical skills and knowledge required by the Client in order to perform the Software changes mentioned on point b). If the Client does not have the needed skills, he can contact and demand help from the Copyright Owner under the conditions presented at point d)
d) The design modifications can be performed by the Copyright Owner either Free, if the Client makes the demand in the 30 days period of free support and it respects the conditions mentioned at point 8.2 After the Software Purchase, or for a fee established by the Copyright Owner if the demands implicate working time and skills that make it impossible to be offered in the FREE Support Software, or finally, they can not be done at all, if the Copyright Owner find the changes to be incompatible with the Software functionality or to be beyond their development knowledge.
10. UPDATES
EscortScripts.com doesn't offer software/plugins/script updates! A new updated script can have different fields, forms, more/less pages, new functions added, a new design, and maybe a new price.
There are many reasons why we can't offer script updates, but basically we would need to totally reinstall it and the databases can't be interconnected, so clients would loose all work and escorts data they worked hard to gather, or the script may not function at all after. The script works well as it is, you have no reasons to update anything.
We recommend not to make updates, this may generate conflicts and script crash. The script works very well as it has been developed. We do not take responsibility for any script crash created by plugin updates. As a kind recommendation here: you need to install a backup plugin and do a script backup. From our experience, clients try to perform large modifications to the script, many times they end up ruining it and then return to us for fixing or installing the script again. So do a backup!
11. Software PRICE
11.1 The price of the Software may increase or decrease at the Provider's discretion with or without notice.
Existing Clients who apply for a New Software Installation will be liable for additional costs should the Software price increase (the difference between the initial payment and the current Software price), but won't be liable due any refund if the price decreases. A New Software Installation of the same version, with same price which the Client purchased, after the 30 days of Free Support, also will be charged.
11.2 All prices are in US dollars unless otherwise indicated.
12. CUSTOM DEVELOPMENT COPYRIGHTS
Client doesn't have exclusive rights over the custom development changes that the Development Agency produces. The custom development result is basically a batch of functions that add a new functionality to the script, so not an end Software over which Client has exclusive rights. Development Agency reserves the right to use the functions it creates as it considers, this includes integrating them into future script updates.
13.MULTILINGUAL TRANSLATION
The Copyright Owner assumes that for the translated version of the script in other languages than English, some terms might not be perfectly translated and some even missing translation. Therefore, Copyright Owner takes the obligation to correct those terms with the condition that Client provides the translated terms list.
14.LIABILITY
The Client assumes all the risks related to the performance and the usage of the Software, including the risk of not getting the expected profit, the risk of a software failure after the Software is installed, etc.
Under no circumstances the Copyright Owner is liable to the Client for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the usage of or impossibility to use the Software.
In the event that the law of the Client's country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from using this Software if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to the amount of the compensation that the Client paid for the License.
The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Software and all associated objects.
15.FINAL PROVISIONS
If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.
The Client acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.
The Copyright Owner may unilaterally change this Agreement. The changes in the conditions of the Agreement shall come into force on the date of publishing on the Official website of the Copyright Owner, unless otherwise is specified in the publication, and become mandatory for acceptance and satisfaction by the Client for further usage of the Software. The Client is notified of the changes through a notice on the Official website of the Copyright Owner where the text of the changes is published as well as a respective notification is sent to the Client's email address.
The Client acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the Client agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
© 2018 Escortscripts.com
