vBSEO™ - End User License Agreement (EULA)

Crawlability, Inc.
vBSEO™ - vBulletin™ Search Engine Optimization Plugin
End User License Agreement - EULA (Versions 2.x and 3.x)

NOTE: Crawlability, Inc. is in no way affiliated with vBulletin Solutions Inc., author of vBulletin™

Please read this entire license agreement fully before using vBSEO™. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Crawlability, Inc., developers of vBSEO™. This agreement covers all current and future versions of vBSEO™. The current version as of June 28, 2010 is vBSEO 3.5.1 Gold.

By installing and/or using vBSEO you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, you may not use vBSEO.

LICENSE
Subject to the provisions set forth in this agreement, Crawlability, Inc. (Crawlability) grants you a non-exclusive license to:

  1. Use vBSEO on one installation of a licensed copy of vBulletin™, accessible by one web domain. NOTE: vBulletin™ is web forums software and a registered trademark of vBulletin Solutions Inc..

TERM

  • vBSEO is offered under an annual licensing basis, valid from the date of paid registration and expiring 365 days later. All upgrades provided by Crawlability during the period of registration are free. In the event that an annual license expires prior to renewal, the software will remain functional, but access to further upgrades will be disallowed. There is an additional fee for access to upgrades. Since access to upgrades expire only, the vBSEO license is referred to as a lifetime license.
  • Technical support for vBSEO is provided via the vBSEO forums located at http://www.vbseo.com and via the support ticketing system at http://www.vbseo.com/support/. For expired vBSEO licenses, unofficial support will be provided via the vBSEO forums only. Access to the support ticketing system is provided for non-expired/upgraded licenses only. Crawlability reserves the right to deprecate older versions of vBSEO or other software, which may require a user to upgrade to the latest non-deprecated version in order to receive continued support.
  • Your license can be managed from: http://www.vbseo.com/downloads/

USE
You are entitled to:

  • Install vBSEO with other modifications, extensions, hacks, or plugins available for vBulletin. However, while Crawlability attempts to ensure that vBSEO is compatible with all major vBulletin "hacks", it is not responsible for conflicts that arise when an incompatible hack is installed along with vBSEO.

You are NOT entitled to:

  • Allow others to use vBSEO unless they comply with the terms of this agreement, have paid the licensing fee, are contracting you for support services.
  • Reverse engineer or create derivative works based on vBSEO's feature set or implementation structure.
  • Modify and/or remove any copyright notices or labels that vBSEO places on each page of your vBulletin™ forums without permission.
  • Re-distribute vBSEO without the express written permission of Crawlability, Inc under a commercial agreement.
  • Re-distribute any component of vBSEO including programming files, scripts, libraries, or templates or any kind used in the development of vBSEO without permission.
  • Use the vBSEO version in more than one licensed installation of vBulletin™ unless vBSEO is licensed separately for each installation.
  • Install more than one copy of vBSEO on a single forum or website. Each installation of vBSEO requires a separately purchased license. This restriction applies regardless of the intended usage of vBSEO.
  • Use any vBSEO trademarks including the terms "LinkBack", "RefBack", and other feature labels unless credit is given to Crawlability, Inc. as the owner of these trademarks.

ANTI-PIRACY AND EULA VIOLATIONS
Crawlability, Inc. reserves the right to include mechanisms for the detection of the vBSEO software piracy and/or general EULA violations. These mechanisms may include the transmission of data from your server to Crawlability, Inc. servers that identify your unique vBSEO license key and forum URL information. Note: NO ADDITIONAL DATA other than what is required to validate your vBSEO license or provide support will be transmitted.

Forums found to be running unauthorized copies of vBSEO will be flagged for review. Anyone violating the vBSEO Acceptable Usage Policy or general EULA terms, will be contacted and requested to uninstall vBSEO immediately. Those who do not comply will be subject to legal action as outlined in this agreement in order to resolve the violation of terms and/or illegal actions. Crawlability, Inc. will seek damages of not less than $5000.00 per license violation to cover the cost of piracy detection, enforcement, and legal fees.

ACCEPTABLE USAGE POLICY:
Crawlability Inc. reserves the right to disallow the use of vBSEO software on any website containing illegal or inappropriate information.

Review and interpretation of criteria for meeting the guidelines of the Acceptable Usage Policy is at the sole discretion of authorized representatives of Crawlability, Inc.

You may NOT use the software on any website that contains the following information as the *main theme* of the forum:

  • Pornography
  • Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others
Note: Some categories of the above will be strictly enforced, even if not the main theme of the forum, in cases where the content is deemed to be inappropriate by authorized representatives of Crawlability Inc.

Under no circumstance will the use of vBSEO be allowed on forums containing any content related to:
  • Violent content, racial intolerance, or advocacy against any individual, group, or organization
  • Support or encouragement of terrorism
  • Pedophilia, violent, or abusive treatment of children
As a user of vBSEO, upon acceptable of this End User License Agreement, you acknowledge:
  • Your personal responsibility for all content published on your forums.
  • Crawlability Inc. is in no way responsible for the content published on your forums.

Review and interpretation of the above criteria is at the sole discretion of authorized representatives of Crawlability, Inc.

VBSEO LICENSE SALE AND/OR TRANSFER
Crawlability Inc. allows vBSEO customers to update their forum URL, or to change from one URL to another, provided the new location is "owned by the same customer", and is NOT being transferred to another party for sale, or for any other purpose.

  • However, this can be done only 1 time within a 90 DAY period.
  • The vBSEO license must have been active for a period of at least 3 months from the date of purchase
  • The vBSEO license must be UN-EXPIRED. Note: If expired, the license must be renewed prior to authorization of the transfer.
  • If moving the license to a new site, vBSEO must be un-installed and all files removed/deleted prior to the transfer being authorized. It is the original license holder's responsibility to ensure vBSEO is un-installed and completely removed.
  • Special restrictions apply to transfers between vBSEO customers and a 3rd party during a sale of the license, or a transfer for any other purpose.

SPECIAL RESTRICTIONS FOR VBSEO LICENSE TRANSFERS TO 3RD PARTIES

Crawlability Inc. may, upon request, allow vBSEO customers to transfer an active vBSEO license to a 3rd party, if the following conditions are met:

  • The vBSEO license must NOT have been transferred in the previous 12 month period
  • The vBSEO license must have been active for a period of at least 3 months from the date of purchase
  • The vBSEO license must be UN-EXPIRED. Note: If expired, the license must be renewed prior to authorization of the transfer.
  • The new owner must have their own vbseo.com username. They cannot assume control of the previous owner's account.

This policy applies to license transfers for both transfers in which (a) the forum URL changes, and (b) the forum URL does NOT change (i.e. full forum sales).

Crawlability Inc. reserves the right to reject or delay any transfer request for a determined period of time in order to prevent fraudulent transfer activities.

DISCLAIMER OF WARRANTY
vBSEO and any related documentation is provided "AS IS", without warranty of any kind, either express or implied, including and without limitation the warranties of merchantability, suitability for a particular purpose, and non-infringement. The entire risk as to the quality and performance of vBSEO is the responsibility of the licensee. If vBSEO is found to contain defects (a natural occurrence in the software development life cycle), the licensee and NOT Crawlability, Inc. assume the entire cost of service and repair. vBSEO's security mechanisms rely upon 3rd party technology and have inherent limitations. It is your responsibility to ensure that vBSEO meets your requirements and is compatible with your vBulletin installation including any other installed software or components of your web hosting or server environment. This disclaimer of warranty constitutes an essential part of this license agreement.

In no event shall Crawlability, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Crawlability, Inc. has been advised of the possibility of such damages.

REFUND POLICY
Refunds are based on software failure, not server issues or lack of features. Refunds cannot be issued in cases where your server does not have the required versions of MySQL or PHP properly installed.

30 DAY MONEY BACK GUARANTEE
Refunds are provided only after a support team member has assisted with your installation or has verified the product was properly installed. This may or may not include logging into your site to check your settings and to make any necessary adjustments to our software configuration files. Crawlability/vBSEO will determine if a refund is eligible based on individual situations. Refunds are not available after 30 days from the purchase date.

TITLE
Title, ownership rights, and intellectual property rights for vBSEO shall remain with Crawlability, Inc. The Software is protected by International copyright laws and treaties. Title and related rights in the content generated through vBSEO are the property of the applicable content owner and may be protected by applicable law. This license gives Crawlability no rights to such content.

TERMINATION
This license agreement will terminate automatically upon failure to comply with the limitations described herein or on written notice from an authorized representative of Crawlability, Inc. On termination, you must destroy all copies of vBSEO and related documentation or materials within 24 hours. Termination of the license due to noncompliance will NOT result in any refunds of license fees.

MISCELLANEOUS

  • Crawlability reserves the right to change the terms of this license agreement at any time. Failure to receive notification of a change does not make those changes invalid. A current copy of this license agreement will be available on the Crawlability (www.crawlability.com) and/or vBSEO (www.vbseo.com) websites at all times. See http://www.crawlability.com/vbseo/license/.
  • Technical support will not be provided for 3rd party modifications to vBulletin™ that are found to be incompatible with vBSEO although Crawlability encourages reporting of such issues on the vBSEO forums so that the development team may consider them as potential future upgrades.

vBSEO COPYRIGHT NOTICES
vBSEO copyright notices may NOT be removed under any circumstance UNLESS a "branding removal option" has been purchased for each license from which you desire to remove the copyright notice.

Removal of the vBSEO copyright notice without purchasing a "branding removal option" or obtaining express written permission from Crawlability Inc. will result in the termination of this license agreement in which case you must delete vBSEO from your website within 24 hours. Termination of the license due to noncompliance will not result in any refunds of license fees.

GOVERNING LAW
This agreement shall be governed by the Laws of the USA Territory of Puerto Rico and the Laws of the United States of America, as well as International intellectual property laws. Any action in regard to this license agreement or arising out of its terms and conditions shall be instituted and litigated in Puerto Rico. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of the United States Territory of Puerto Rico shall be sufficient.

VBSEO
Crawlability, Inc.
257 Aduana St. #145
Mayaguez, PR 00682

For questions, write to the above address, email legal@crawlability.com, or call 1-888-777-1318.

Last update: October 13, 2009