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Licensing Agreement

Buying or using 3by400, Inc. products or services implies that you have both read and accepted this Licensing Agreement, our Terms of Use, and Privacy Policy. 3by400, Inc. reserves the right to change or modify these documents without specific notification.

Purchasing an Extension
By purchasing a 3by400 extension, you are entitled to full access to the extension's latest version, updates, and premium support for six (6) months or one (1) year, depending upon your selection option. By purchasing an extension, you agree to the following:
  • All GPL extensions by 3by400, Inc. are released as Open Source GNU GPL v2.0 license releases and as such there are no other limitations or in other ways conditions beyond those stated as per the GNU GPL v2.0 license.
  • 3by400, Inc. reserves the right to offer discounts or permanent price without prior notice.
  • Sharing your account information with others is prohibited. Sharing or other methods that allow multiple, simultaneous downloads are forbidden.
  • Subscriptions are valid only for the term specified during purchase.
  • Use of 3by400 extensions for illegal or illicit activities is strictly forbidden.
  • Extensions are offered "as is", with no expressed or implied warranty.
Infractions of stated policies will result in termination of your subscription for updates and support.

This license allows you use of the extension without restrictions forever. The version of the extension you have purchased can be used on any website, but after your subscription period, you will have access to neither extension updates nor support unless you renew your subscription.

Subscription Payments
Payments can be completed through the Braintree payment system using most major credit cards.

Refund Policy
3by400, Inc. offers non-tangible, irrevocable software products and offers no refunds or exchanges. In the event that a purchase error is made, and a more expensive paid version is required, we will evaluate the individual circumstance and may offer a reduction in the new product cost. Where a technical issue exists, as long as you have subscribed to support, 3by400, Inc. will provide a reasonable level of assistance to ensure operability of the extension.

Warranty
3by400, Inc. products are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall 3by400, Inc. or its owners be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use 3by400, Inc. products.
There is no guarantee that our products will function with all 3rd party Joomla! extensions. 3by400, Inc. products are designed for the Joomla! version specified at the time of purchase.

Support
Pro version subscriptions allow the buyer access to support areas of the 3by400, Inc. site for the period indicated at the time of purchase, and will terminate after that period unless renewed.

Free versions of 3by400 extensions are offered with no support or update services. Users of free versions have access only to what is available to the public on www.3by400.com.

Support is offered only within the scope of the extension purchased from 3by400, Inc. Interoperability or server-level issues are performed only as best effort and are not guaranteed.

An unlimited number of domains are included in support, with the exception of the Basic Version of the Braintree HikaShop Plug-in, which is limited to a single domain.

3by400, Inc. expects that subscribers will behave in a professional, ethical manner and reserves the right to limit or cancel support in the following cases:
  • Subscriber exhibits unreasonable behavior, including crass or vulgar language, racial slurs, or predatory intent
  • Consistent, continued issues related to server configuration that are outside the realm of 3by400, Inc. support
  • Lack of cooperation for providing details required to troubleshoot and resolve issues
  • Substantive changes are made to the originally distributed extension.

Termination
3by400, Inc reserves the right to terminate your access to any or all of our products and services at any time, without notice, for any reason, including without limitation, breach of this Licensing Agreement, Terms of Use, and Privacy Policy. We may also at any time, at our sole discretion, discontinue the products, website or services or any part thereof without prior notice and shall not be liable to you or any third party for such termination of your access to the products, website or services. Redistribution of paid versions of 3by400 extensions will result in the cancellation of your subscription.

Copyright and Ownership
The customer may not claim intellectual or exclusive ownership to any 3by400, Inc. products, modified or unmodified. All products are and remain the property of 3by400, Inc. except where the ownership clearly lies with other parties (such as shared libraries). 3by400, Inc. respects and upholds the intellectual property of others. If you believe that you have a claim regarding such a breach, please contact 3by400, Inc., 340 Wal-Mart Way, SuiteB, PMB #171, Dahlonega, GA 30533, ATTN: Legal Counsel.

Software license: GNU/GPL V2
3by400, Inc. extensions are licensed under the terms of the GNU General Public License v2.0 (read the full details here http://www.gnu.org/licenses/old-licenses/gpl-2.0.html). You are authorized to make any necessary modification(s) to the products to fit your purposes. Redistribution of the original or any modified version must always be done in accordance with the GNU GPL license. In this case, you must also not change or remove the copyright information in the header of the xml descriptor file or the php file. Please contact us if you have any requirements that are not covered by these terms.

Additional Terms according to Section 2 of GNU/GPL V2
These additional terms refer to 3by400, Inc. and its extensions or updates to extensions.

"3by400, Inc." and all of the Extension names (non-generic) are trademarks of 3by400, Inc.. The licensing of the extensions under the GPL does not imply a trademark license. Therefore any rights, title and interest in our trademarks remain entirely with 3by400, Inc..

Except as expressly provided herein, no trademark rights are granted to any trademarks of 3by400, Inc.. Licensees are granted a limited, non-exclusive right to use the 3by400, Inc. logo in connection with unmodified copies of the extensions.

If the licensee distributes modified copies of the extensions, they have to:
  • Replace/remove all terms, images and files containing the term "3by400, Inc.", any of the extensions names and 3by400, Inc. logos.
  • Remove any code which causes connection to or any kind of load of servers managed by 3by400, Inc.
  • The term "3by400, Inc." and any of the Extension names have to be removed from all visual outputs (front-end and back-end).
  • The copyright notices within the source code files must not be removed and have to be left fully intact.
In addition, licensees that modify the extensions must give the modified extensions a new name that is not confusingly similar to the original name and may not distribute it under the name "3by400, Inc.".

The name "3by400, Inc." or any of the Extension names must not be used to endorse or promote products derived from the original name without prior written permission of 3by400, Inc..

If any provision of this agreement is held to be unenforceable, it does not excuse you from the conditions of this License. If the licensee cannot distribute so as to satisfy simultaneously obligations under this License and any other pertinent obligations, then as a consequence, the extensions may not be distributed at all.

Terms of Use

Acceptance of Site and Mobile App Terms of Use 
Please read through these Terms of Use carefully. By accessing and/or using 3by400, Inc.’s Web site at www.3by400.com (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with 3by400, Inc. and to have agreed to be bound by the terms set out below.

The Site is owned and operated by 3by400, Inc..

Intellectual Property Protection
The contents and design of the Sites and any material electronically provided to you or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as the "3by400, Inc. Content"), are copyright of 3by400, Inc. and the other contributors to the Sites. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “3by400, Inc.” name and logo or other trade names appearing on the Sites) for any reason without written permission from 3by400, Inc. or the identified owner. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.

Use of 3by400, Inc. Content
You may retrieve and display the 3by400, Inc. Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the 3by400, Inc. Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from 3by400, Inc.:
  1. reproduce or store in or transmit to any other Web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the 3by400, Inc. Content, or
  2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the 3by400, Inc. Content (including use as part of any library, archive or similar service) without the prior written consent of 3by400, Inc., or
  3. remove the copyright or trade mark notice from any copies of the 3by400, Inc. Content made under these Terms of Use.
  4. Any use of the 3by400, Inc. Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to 3by400, Inc., 340 Wal-Mart Way, Suite B, PMB #171, Dahlonega, GA 30533, Attention: General Counsel.

Third Party Transactions
You may use the Site to purchase products or services from 3by400, Inc.'s third party partners. In that event, your contract for such products will be with the third party partner and not with 3by400, Inc..

Term and Termination
3by400, Inc. may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the 3by400, Inc. Content) with cause by delivering notice to you.

Likewise, you may, at any time, request a termination of your account by providing the details of your account and request to This email address is being protected from spambots. You need JavaScript enabled to view it..

The rights of termination are in addition to all other rights or remedies of 3by400, Inc. provided in these Terms of Use or by law.

Changes to the Sites
3by400, Inc. reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the 3by400, Inc. Content available on the Site at any time.

Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the 3by400, Inc. community (includes 3by400, Inc. clients, chairs, speakers, 3by400, Inc. Associates or staff). You are solely responsible for the confidentiality and use of and access to the 3by400, Inc. content using your user name and sign-on password. You agree to immediately notify 3by400, Inc. if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the 3by400, Inc. content or the Sites. You will provide 3by400, Inc. with accurate, complete registration information (including in particular your e-mail address) and inform 3by400, Inc. of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms of Use, 3by400, Inc. reserves the right to monitor and record activity on the Site, including access to the 3by400, Inc. content.

Each registration is for a single user only. You may not share your user name and password with any other person. 3by400, Inc. does not permit access through a single name and password being made available to multiple users on a network. 3by400, Inc. may cancel or suspend your access to the Sites if you do this without further obligation to you.

Privacy Policy
The information that you provide about yourself to 3by400, Inc. will only be used in accordance with 3by400, Inc.'s Privacy Policy Statement.

Support Forums
The Site includes bulletin boards, discussion groups and other areas that allow and interaction between members of the 3by400, Inc. community ("forums"). While 3by400, Inc. does not control the information/materials posted to forums by users (the "messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the messages violate the rules set out below.

You are solely responsible for the content of your messages. You must comply with any rules posted by 3by400, Inc. on a forum or feedback venue. You may not:
  1. post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
  2. post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
  3. post or otherwise publish any messages that contain a virus or other harmful component;
  4. disguise the origin of any messages;
  5. impersonate any person or entity (including 3by400, Inc. staff or other members of the 3by400, Inc. community) or misrepresent any affiliation with any person or entity;
  6. post or otherwise publish any messages unrelated to the forum, the forum's topics, or feedback subject;
  7. knowingly post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
  8. collect or store other users' personal data;
  9. restrict or inhibit any other user from using the Forums.

By submitting messages to any forum or feedback, you agree to indemnify and hold harmless 3by400, Inc. from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of these Terms of Use.

Forums and feedback contain messages submitted by users over whom 3by400, Inc. has no control. 3by400, Inc. cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and feedback, and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

It is not possible for 3by400, Inc. to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify 3by400, Inc. immediate.

Access to Downloads 
3by400, Inc. does not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. 3by400, Inc. recommends scanning all files before downloading.

No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Sites, 3by400, Inc. makes no warranty, express or implied concerning the 3by400, Inc. Content, the Sites, software or products or services available through the Sites (the "Site Services"), which are provided "as is". 3by400, Inc. expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will 3by400, Inc., its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if 3by400, Inc. has been advised of the possibility that such damages may arise. 3by400, Inc. does not guarantee the accuracy, content, or timeliness of the 3by400, Inc. Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

In no event will any liability of 3by400, Inc., its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms of Use by 3by400, Inc. exceed the amount, if any, paid by you to 3by400, Inc. in respect of the particular Site Service to which the claim relates or by way of membership dues.

Upon 3by400, Inc.'s request, you agree to defend, indemnify and hold harmless 3by400, Inc. from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.

Force Majeure
3by400, Inc., its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the 3by400, Inc. Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Changes to these Terms
3by400, Inc. may, in its discretion, change these Terms of Use (including those relating to your use of Sites and/or the 3by400, Inc. Content). When the Terms of Use are changed, 3by400, Inc. will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Sites after 3by400, Inc. has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain the 3by400, Inc. Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. 3by400, Inc. is not responsible for any third party content. The Sites may contain links to other Web sites. 3by400, Inc. is not responsible for the availability of these Web sites or their contents.

Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by 3by400, Inc..

Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices
Notices to 3by400, Inc. must be given in writing by letter and sent to 3by400, Inc.’s last known place of business in Lumpkin County, GA (for the attention of the General Counsel).

Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Lumpkin County, GA, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
 
Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.

Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Georgia. The parties irrevocably agree that the courts of Lumpkin County, GA shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Lumpkin County, GA courts.

For the exclusive benefit of 3by400, Inc., 3by400, Inc. shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.