- "Website" - A single Website (this can also include staging and development domains). Multiple domains pointing to the same Website would be considered as one Website.
- "Licensor" - Codegent Limited: UK Company Registration No: 5096319 VAT No: 835 8449 90
- "Non-Commercial Use" - a Website engaging in personal, non-commercial, or non-profit activities.
- "Commercial Use" - A commercial Website is a Website which purpose is generating revenue or cash flow of any type, and that isn't under a non-profit organisation. If you're selling a product, selling advertisement, selling a service or marketing a commercial business, your site is commercial. A company Website is also commercial even if it doesn't sell anything, as it's purpose is to front a commercial company. Governments and government agencies are also considered as commercial. The Licensor reserves the right to determine what is commercial use on a case by case basis.
- "Hosted" - Snapper Files loaded from webcamsnapper.com.
- "Snap" - A single photo or video saved using the Snapper.
- "Files" - The electronic files that comprise Snapper. This does not include the SWF source code.
Your purchase or use of Snapper from the Licensor implies that you have read and accepted the following terms and conditions. Snapper reserves the right to alter this agreement at any time, for any reason, without notice.
Snapper Lite: Unless you have purchased a Commercial License, use of the Snapper is subject to the Snapper Lite License. The Lite License grants the right to embed and use the Hosted Snapper on a Non-Commercial Website. During product evaluation you may also use the Lite License on a Commercial Website for up to one month. The Lite License comes with credits to save 1,000 (one thousand) Snaps using the Hosted service. Users of the Lite License are subject to the "Hosted Fair Use Policy".
Snapper Hosted: Each Hosted License comes with a maximum number of monthly credits. If your site excedes the License limit for three months in a row you will need to upgrade your account to the next level. We will contact you if such an event occurs. Users of the Hosted License are subject to the "Hosted Fair Use Policy".
Snapper Pro: One Pro License grants the right to install and use Snapper on any one Website. Each License allows for unlimited Snaps. Upon full payment the Licensor will supply the Snapper Files for integration with the Website.
Unless you have been granted prior, written consent from the Licensor:
- You cannot decompile the Files.
- You cannot embed Snapper in another flash movie.
- You cannot reproduce, distribute, or transfer Snapper, or portions thereof, to any third party.
- You cannot sell, rent, lease, assign, or sublet Snapper or portions thereof.
- You cannot grant rights to any other person.
- You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
Hosted Fair Use Policy
Usage of the Hosted service is subject to the following restrictions:
- You cannot use the service in such as way that may cause disruption to the Hosted service.
- You cannot consume excessive amounts of bandwidth or resources.
Due to the non-returnable nature of downloadable software, Snapper does not issue refunds once a transaction has been completed. All software offered by Snapper is available for free evaluation prior to purchasing. The Licensor encourages you to thoroughly test the system before purchasing to determine its suitability for your purposes and compatibility with your Website.
Ownership of Intellectual Property
Licensor is the sole owner of all intellectual property rights pertaining to the Licensed Snapper. The Licensor does not assert any ownership over the Snaps saved using the Snapper software. Ownership of those Snaps is subject to the terms and conditions of the Website from which the Snapper is used.
Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.