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All content provided by You to ESS is owned by you. You provide ESS with unrestricted rights to use this content.
All content provided by ESS for your website belongs to ESS and may not be copied, duplicated, or used in any way without prior written consent from ESS.
The design and layout created by ESS for your website belongs to ESS and may not be copied, duplicated, in any way.
After 12 months of service, You may purchase a snapshot of your website for $499 or the then current price. This will transfer all rights of the design and content to you. You will be provided with a DVD of the code and database required to run your site. This is a snapshot of the code required to run your site at the time of purchase. Subsequent changes to your website done after this purchase are not included.
ESS uses the DotNetNuke content management system as the platform for the TCW Professional Plan. Upon electing to export your site, ESS will provide You with the a VB.Net version of the source code and database to the Community Edition of DotNetNuke. DotNetNuke is an open source platform and all licensing matters are governed by the DotNetNuke Corporation.
ESS may elect to use third party modules written for DNN to enhance the TCW services. The assemblies and databases required to run your site are included in the export, but the source code for these modules is not. This export does not include licenses for these modules and You agree not to use them without purchasing the required licensing from each third party vendor. ESS will provide a list of required vendors and instructions on how to obtain a license for each product. ESS shall be held harmless for any licensing violations related to this matter.
ESS uses AspDotNetStoreFront as the platform for the TCW Ecommerce Plan. AspDotNetStoreFront licenses its product per site per server. Upon electing to export your site, rights to one server license of the AspDotNetStoreFront ML product are transferred to You. This does not include source code for this system. A VB.Net or C# version of the source code may be optionally purchased by you for $999 or the then current price.
Licenses for AspDotNetStoreFront are version specific. When You sign up for the TCW Ecommerce plan, we purchase a license of the latest version of their system. This is the version of the code you are provided unless you purchase an upgrade. Upgrades may be purchased either for specific versions or you may choose to purchase an annual upgrade plan which will include all upgrades released during that year. Upon exporting your site, you are provided a license to the latest applicable version of their software.
Generally, if ESS purchases a third party module for an Ecommerce store, it will be specific to your needs. In this case, all applicable licensing from the third party vendor will transfer to you upon export. If ESS purchases site level licenses for an AspDotNetStoreFront module to be shared by all customers, the same terms detailed in section related to third party modules in the Professional Plan apply. |
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