END-USER
LICENSE
AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a business entity, referred to as "USER") and PHPLicengine for PHPLicengine, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("THE PRODUCT"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR USING THE PRODUCT. IF YOU DO NOT AGREE, THEN DO NOT INSTALL OR USE THE PRODUCT.

GENERAL

  1. PHPLicengine provides THE PRODUCT as part of its operations, and licenses its use by USER.
  2. PHPLicengine retains ownership of all rights in THE PRODUCT and of all proprietary technology embodied therein:
    1. USER is not receiving title to THE PRODUCT but rather is being granted only a license to use THE PRODUCT in accordance with the terms and conditions of this EULA.
    2. All rights not specifically granted to USER herein are reserved to PHPLicengine.
  3. THE PRODUCT may contain or utilize third-party software subject to a separate license. If the third-party software is included with THE PRODUCT, the relevant license documentation is provided with such software and USER is bound by the terms of such license as it relates to that portion of THE PRODUCT.
  4. USER acknowledges that the unauthorized distribution or use of THE PRODUCT will cause Material Damage to PHPLicengine.
  5. USER assumes responsibility for the selection of software to achieve intended results, and for the installation, use, and results obtained from THE PRODUCT.

DEFINITIONS

  1. THE PRODUCT is designed to support the web-presence for a single entity, whether the entity is an individual or a corporation or a group with a common public person (for example, a music band).
  2. Each separate entity maintained by THE PRODUCT is an installation ("INSTALLATION").
    1. If USER has more than one domain or web-site, then each domain or web-site is considered to be a separate INSTALLATION.
    2. A backup copy of a database, no matter how it was made, is not considered as an INSTALLATION.
    3. A load-balanced database running on two or more servers is considered to be a single INSTALLATION if the content of the database is identical on each server.

LICENSING POLICIES

The following licensing policies apply to each INSTALLATION of THE PRODUCT:

  1. An INSTALLATION is licensed for use according to the number of INSTALLATION databases.
  2. If USER wishes to disable the display of the "Powered by PHPLicengine" footer line credit, payment of a one-time license fee to PHPLicengine to disable the display of the footer line credit is required:
    1. This fee is applicable irrespective of the payment, or lack of payment, of any other fee.
    2. This license is valid for any and all versions of THE PRODUCT that USER uses or may use.
  3. Except for configuration files, documentation files, theme files, and any included open-source code, all files that make up THE PRODUCT or any add-ons developed by PHPLicengine are provided in an encoded format.
    1. If USER wishes to utilize the source-code to THE PRODUCT, payment of a license fee to PHPLicengine for a copy of, and right to use, the source-code is required:
      1. This fee is applicable irrespective of the payment, or lack of payment, of any other fee.
      2. Irrespective of the payment of a fee to utilize the source-code:
        files will not be provided as source-code. Instead, USER shall have access to the publicly available API documentation.
    2. Encoded files will be available in ionCube format.
  4. Add-on modules for THE PRODUCT created by someone other than PHPLicengine may be in source-code format or may be in encoded format, at the discretion of the author. If the encoded files are provided through PHPLicengine, they will be available in ionCube format. If they are provided through a non-PHPLicengine source, their format is at the discretion of the author.

END-USERS RIGHTS

Based solely on USER's acceptance in whole of this EULA, the following non-exclusive rights have been granted to USER when using THE PRODUCT:

  1. USER may install and run THE PRODUCT as intended, which is to say, one licensed copy of THE PRODUCT is to be used for each INSTALLATION.
  2. USER is entitled to acquire, install and operate all updates available for THE PRODUCT as specified in the "Licensing Policies" section.
  3. USER may alter any of the source-code provided for THE PRODUCT as desired for USER's own use only, and subject to any limitations specified elsewhere in this EULA.
  4. The PHPLicengine logo that is visible when THE PRODUCT is first installed is for display purposes only. USER is expected and encouraged to utilize USER's own logo on all web-sites and in all communications.

USER PRIVACY

THE PRODUCT contains features to automatically check for updates to THE PRODUCT, and to purchase or upgrade license keys interactively.

  1. The check for updates feature, whether run manually by USER or automatically by THE PRODUCT, does not transmit any information to PHPLicengine.
    1. USER's web-browser will automatically provide some information such as USER's IP address and web-browser version, as it does for every website that USER visits.
    2. PHPLicengine may choose to log the browser-supplied information for tracking the number of downloads and site improvement purposes.
  2. The license purchase or upgrade feature does transmit USER's prior and current contact and license information to PHPLicengine:
    1. This information is used to calculate the license fees applicable for the license and/or options that USER wishes to purchase.
    2. No other information about the contents of USER's INSTALLATION is transmitted.
    3. PHPLicengine will not reveal any of your information to any other entity, unless required to do so by governing law or a court of competent jurisdiction.

END-USER RESTRICTIONS

Based solely on USER's acceptance in whole of this EULA, the following restrictions are in effect when using THE PRODUCT:

  1. USER may not under any circumstances edit or remove the credit or copyright text in any file.
  2. USER may not edit the code to remove the "Powered By PHPLicengine" footer line from the final html output, or to make it difficult for a human to easily see, unless USER is the holder of a valid license to do so purchased from PHPLicengine.
  3. USER may not edit the code to modify or remove the '<meta name="generator" content="PHPLicengine">' html output from THE PRODUCT.
  4. USER may not, in any manner, convey to others that the author of THE PRODUCT is anyone other than PHPLicengine.
  5. USER may not use portions of THE PRODUCT code for the purpose of creating standalone scripts or alternatives to THE PRODUCT.
  6. USER may not disassemble or reverse engineer THE PRODUCT or any portion thereof. Any attempt to disassemble the object code of THE PRODUCT is unauthorized and will result in immediate termination of this EULA.
  7. USER may not let any other entity view or acquire a copy of the source-code, whether for free or for a fee or under any other arrangement.
  8. USER must leave this EULA with THE PRODUCT, in the designated location, to permit license verification. THE PRODUCT will refuse to run if this file is missing or if it has been altered.

DEVELOPERS AND SERVICE PROVIDERS RIGHTS AND LIMITATIONS

  1. USER may obtain financial compensation for provision of USER's services relating to installation, customization, non-authorized support, or hosting services related to THE PRODUCT. There is no requirement to obtain permission from PHPLicengine, and no fee payable to PHPLicengine, for provision of these services, but USER's services are subject to all rights and limitations specified in this EULA.
  2. USER may create additional functionality in the form of modules, themes, translations, etc.
    1. USER may distribute USER's work in whatever manner and under whatever terms USER sees fit.
    2. USER may obtain compensation for USER's work, if USER wishes.
    3. If USER provides themes for THE PRODUCT, USER may display USER's own "Theme by" or "Designed by" text and/or link, provided that the text or link specifies that it applies to USER's theme and does not cause confusion about applying to THE PRODUCT itself.
    4. If USER provides add-on modules for THE PRODUCT, USER may display USER's own "Created by" or "Copyright" text and/or link, provided that the text or link specifies that it applies to USER's add-on and does not cause confusion about applying to THE PRODUCT itself.
    5. If USER's provides translation files for THE PRODUCT, USER may display USER's own "Translation by" text and/or link, provided that the text or link specifies that it applies to USER's translation and does not cause confusion about applying to THE PRODUCT itself.
    6. There is no requirement to obtain permission from PHPLicengine, and no fee payable to PHPLicengine, for provision of USER's additional functionality.
  3. If USER provides an additional module or service for which USER is receiving compensation, USER must clearly indicate to USER's customer that USER is providing THE PRODUCT itself without charge AND without a valid license.
  4. USER may not advertise that USER provides AUTHORIZED support services to end-users of THE PRODUCT unless USER has successfully completed any training program(s) offered by PHPLicengine and USER is then-currently recognized by PHPLicengine as an "Authorized Support Agent". Pending setup and operation of the "Authorized Support Agent Training Program", PHPLicengine may elect to waive training requirements, but USER still may not advertise that USER provide AUTHORIZED support services unless authorized in writing by PHPLicengine.
  5. USER may not redistribute THE PRODUCT itself, in any form, for a fee or financial compensation of any kind other than as noted in this section, without the express written consent of PHPLicengine.

TRANSFER OF LICENSE

  1. USER may not assign or transfer USER's rights or obligations under this EULA, except that USER may assign the EULA to a successor to USER's business that results from a sale of substantially all of USER's assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this EULA and provided that USER transfers all copies of THE PRODUCT and related documentation to the third party or destroys any copies not transferred.
  2. PHPLicengine may assign or notate this EULA freely without notice to USER.

LICENSE TERMINATION

  1. This EULA is effective until terminated.
  2. USER may terminate this EULA at any time by destroying THE PRODUCT along with any copies, modifications and merged portions in any form.
  3. The EULA will also terminate if USER fails to comply with any term or condition of this EULA. USER agree upon such termination to destroy THE PRODUCT together with all copies, modifications and merged portions in any form, and further agree that any and all fees paid to PHPLicengine for THE PRODUCT are considered liquidated damages and are non-refundable.

WARRANTY

  1. PHPLicengine DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT AND ANY DOCUMENTATION, INCLUDING ALL WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. PHPLicengine'S LIABILITY FOR DAMAGES TO USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED THE TOTAL LICENSE FEES PAID TO PHPLicengine BY USER TO USE THE PRODUCT UNDER THIS EULA.
  3. PHPLicengine SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS OR USE OF EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT.

GENERAL PROVISIONS

  1. In the event of a conflict between this EULA and any non-English version of the EULA that USER may have read, the terms and conditions of this English EULA shall govern.
  2. This EULA does not limit any rights that PHPLicengine may have under trade secret, copyright, patent, trademark or other laws. Breach of this EULA by USER may subject USER to civil and criminal liability.
  3. This EULA is the entire agreement between USER and PHPLicengine, and supersedes any prior agreement or understanding relating to the subject matter of this EULA.
  4. If any provision of this EULA is invalid or unenforceable under applicable law, then that provision will be deemed, to the extent necessary, amended or omitted, and the remaining provisions will continue in full force and effect.
  5. PHPLicengine reserves the right, but not the obligation, to pursue legal action for violation of the EULA in any court, in any country whatsoever.
  6. This EULA shall be construed as to its fair meaning and not strictly for or against either party.

RESTRICTED RIGHTS LEGEND

  1. Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-70