This Amendment No. 1 (this “Amendment”) to the vBulletin (Series 3.x) License Agreement (the “Agreement”) for Jelsoft Enterprises Limited is a legally-binding agreement between Jelsoft Enterprises Limited and each authorized license holder.
All references to "Jelsoft Enterprises Limited” or “Jelsoft” in the Agreement, are hereby deleted and replaced in their entirety to read: "vBulletin Solutions, Inc.” or “vBulletin Solutions”, as applicable.
The sentence in the Agreement which reads “This Agreement is governed by the laws of England and Wales.” is deleted in its entirety and replaced with the following: “This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America. You hereby consent to the exclusive jurisdiction and venue in the state and federal courts of the County of Los Angeles, California and the Central District of California, respectively.”
vBulletin Solutions may amend the Agreement at any time. Any such amendment(s) shall be binding and effective one (1) day after posting of the Amendment on vBulletin.com’s website. If any change is unacceptable to you, your only recourse is to terminate your license under the Agreement. Your continued use of the vBulletin.com’s website and services following notice to you of a change shall constitute your acceptance of the change.
Except as it has been specifically amended by this Amendment, the terms and conditions of the Agreement shall from and after the date hereof continue in full force and effect.
vBulletin is a registered trademark of Jelsoft Enterprises Limited in the U.K., and vBulletin™ is a trademark of vBulletin Solutions, Inc. in the United States.
Posting Date: 01/08/2010
Effective Date: 01/09/2010
vBulletin ('the Software') is a copyrighted work of authorship and is also protected under applicable database laws. Jelsoft retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original Software or any copies.
By installing and using vBulletin on your server, you agree to the following terms and conditions. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, 'you' includes both the reader and any Corporate Licensee and 'Jelsoft' means Jelsoft Enterprises Limited:
If you are also installing and using Project Tools, you agree to the following additional terms and conditions.
If you are also installing and using vBulletin Blog, you agree to the following additional terms and conditions.
The software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other warrantied whether expressed or implied.
Jelsoft does not monitor the forums powered by the Software. Jelsoft is not liable for the content of any message posted on a forum powered by the Software.
Jelsoft cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.
You must assume the entire risk of using the Software. ANY LIABILITY OF JELSOFT WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
Except in respect of personal injury or death caused directly by the negligence of Jelsoft, in no event will Jelsoft be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if Jelsoft has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
Terms in this Agreement excluding or limiting liability in relation to breach of the terms implied by the "Supply of Goods (Implied Terms) Act 1973 or the Sale of Goods Act 1979 do not apply when this Agreement is made with a consumer.
This license gives you specific legal rights and you may have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void of unenforceable, such part shall be deemed to be deleted from this agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.
From time to time, Jelsoft may inspect your registration integrity. This will be done without collecting any information whatsoever about your server or your users. The only information verified will be your license number and the domain on which the software is run. Should Jelsoft discover discrepancies in the software usage, be aware that you may lose your license and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties. Occasionally, it is necessary to record your IP address for security and performance monitoring.
Please be aware that we subcontract our anti-piracy measures to Pirate Reports. They may contact you to clarify your license legality, and will use an email address @vbulletin.com or @piratereports.com.
This Agreement constitutes the complete statement of the agreement between you and Jelsoft, and supersedes all representations, understandings or prior agreements between you and Jelsoft.
Jelsoft reserves the right to modify these terms at any time.
This Agreement is governed by the laws of England and Wales.
vBulletin™ is a registered trademark of Jelsoft Enterprises Ltd.