The license is for a "developer" version of the software. It is licensed for a specific number of maximum users, for all users at a specific site, or for all users of a specific packaged product. The fact that it is a "developer" version means that it is unlocked, so that your organization can make any modifications to it that you want. The license for users is limited to the specified number of users at one time. For site licenses, all users at one site, for one organization are licensed to use the solution. For developer licenses, the product is licensed for integration into one product for any number of users, but only as an integrated feature of the integrated product.
We encourage our customers to use CC Products as a foundation for their own custom needs. However, users are enjoined from reselling, lending, or distributing any portion of these templates in any form other than as a thoroughly modified, tightly integrated component of another solution of their own design. That is, users may not resell or distribute CC Products (or derivative works based upon them) as templates or in such a way that they would compete with CC Products.
Cleveland Consulting, Inc. warrants for a period of 30 days that CC Products will perform substantially as described on our web site at www.clevelandconsulting.com. As the software is designed to be modified by the licensee, Cleveland Consulting, Inc. can provide no warranty as to its suitability or fitness for a particular purpose. You sole remedy under this warranty is the refund of the purchase price of the CC Product(s).
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CLEVELAND CONSULTING, INC. AND CLEVELAND CONSULTING, INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLEVELAND CONSULTING, INC. SHALL CREATE A WARRANTY.
SIMILARLY, NO ORAL OR WRITTEN INFORMATION SHOULD BE CONSTRUED AS TO OFFER A PROMISE OF TECHNICAL SUPPORT, SOFTWARE REPAIR OR MODIFICATION, OR PROMISE THAT CC PRODUCTS CAN BE INTEGRATED WITH ANY THIRD PARTY SOLUTIONS OR SOFTWARE. CLEVELAND CONSULTING, INC. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL CLEVELAND CONSULTING, INC., ITS SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE CC PRODUCTS OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF CLEVELAND CONSULTING, INC. OR A CLEVELAND CONSULTING, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CLEVELAND CONSULTING, INC.’S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S. $5.00 OR THE MONEY PAID TO CLEVELAND CONSULTING, INC. FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.