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authorStuart Herbert <stuart@gentoo.org>2003-09-12 14:13:19 +0000
committerStuart Herbert <stuart@gentoo.org>2003-09-12 14:13:19 +0000
commit94d1e0b51ebdf8feb596769e8973d2cbf671b8c1 (patch)
tree70ece36cf9adbd0e534b61030430d2477622362f /licenses/ioncube_loaders
parentFixed bug 28438 (diff)
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+LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER AND USE OF IONCUBE ENCODED FILES
+
+YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
+LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
+LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU
+DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, THEN DO NOT INSTALL, COPY
+AND/OR USE THE LOADER SOFTWARE.
+
+DEFINITIONS
+
+The following definitions shall apply in this document:
+
+LOADER shall mean the ionCube PHP Loader software package or collection
+of Loaders, including any modifications or upgrades to the software, used for
+executing PHP scripts previously encoded with the ionCube PHP Encoder
+software to render them non-humanly readable, and any associated
+documentation or electronic or online materials relating to the software.
+
+ENCODER shall mean any ionCube PHP Encoder software or service used for the
+purpose of producing non-humanly readable encoded files from PHP scripts.
+
+ENCODED FILE shall mean a non-humanly readable file produced by the
+Encoder and being derived from humanly readable PHP script source.
+
+PROVIDER shall mean ionCube Ltd. of 56 Blackheath Park, Blackheath, London,
+SE3 9SJ, UK.
+
+USER/YOU shall mean any entity who has downloaded or obtained through any
+other means a version of the Loader software.
+
+
+1 LICENSE ENTITLEMENT
+
+1.1 The Loader is provided free. Title to the Loader does not pass to
+the user in any circumstances. The Loader is supplied in object code.
+
+1.2 The provider grants a personal, non-transferable, non-exclusive licence to
+use the Loader in accordance with the terms and conditions of this Licence
+Agreement.
+
+1.3 The installation or downloading and use of the Loader entitles the user
+to install and use the Loader for its own internal lawful purposes.
+
+
+2 DISTRIBUTION
+
+2.1 The Loader may be freely distributed to third parties alone or as
+part of a distribution containing other items provided that this license
+is also included.
+
+2.2 The Loader may under no circumstances be branded as another product,
+whether distributed or not.
+
+2.3 Distribution as part of a commercial product is permitted provided such
+distribution is in accordance with clauses 2.1 and 2.2 with respect to the
+Loader.
+
+
+3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
+
+Except insofar as the user is permitted to do so in accordance with applicable
+law:
+
+3.1 Any analysis of the Loader and embedded data by any means and by
+any entity whether human or otherwise and including but without limitation to
+discover details of internal operation, to reverse engineer, to de-compile
+object code, or to modify for the purposes of modifying behaviour is
+forbidden.
+
+3.2 Any analysis of encoded files by any means and by any entity whether human
+or otherwise and including but without limitation to discover details of file
+format or for the purposes of modifying behaviour or scope of their usage is
+forbidden.
+
+
+4 WARRANTY
+
+THE LOADER SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
+WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES
+OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
+DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE LOADER IS UNINTERRUPTED
+OR ERROR FREE, NOR THAT THE OPERATION OF THE LOADER WILL FUNCTION IN
+CONJUNCTION WITH ANY OTHER PRODUCT.
+
+
+5 LIMITATION OF LIABILITY
+
+5.1 IN NO EVENT WILL THE PROVIDER OF THE LOADER BE LIABLE TO THE USER OR ANY
+PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER
+CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENCE
+AGREEMENT OR ANY USE OF THE LOADER OR ENCODED FILES, EVEN IF THE PROVIDER IS
+EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+5.2 THE LOADER IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL
+WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING
+FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR
+OTHERWISE IN CONNECTION WITH THE LOADER TO THE FULLEST EXTENT PERMITTED BY
+LAW.
+
+5.3 DOWNLOADING THE LOADER IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT
+ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS
+A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
+OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE LOADER. WHILST THE
+PROVIDER WILL DO ITS BEST TO ENSURE THAT THE LOADER IS FREE FROM SUCH
+DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS
+TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.
+
+5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS
+LICENCE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE
+PROVIDER TO THE REPLACEMENT OF THE LOADER PRODUCT.
+
+5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY
+E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY
+THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
+TRANSMISSION.
+
+
+6 BUG FIXING AND PRODUCT SUPPORT
+
+6.1 The provider will use reasonable endeavours to provide support to users.
+The provider will at their discretion only provide support for the latest
+release and for up to two prior versions of the Loader.
+
+6.2 Support comprises of fault reporting via e-mail and fault diagnosis,
+recommendations on workaround, and where reasonably possible a timely
+resolution.
+
+6.3 The user accepts that on occasion the ability of the provider to meet
+anticipated or published support schedules may be impaired due to, but without
+limitation, Internet service provider failures or software failures that
+affect the ability to communicate for an indeterminate period.
+
+6.4 The provider reserves the right to refuse to provide support at any time.
+
+6.5 The provider wishes to maintain and offer a product of the highest
+possible quality, and accordingly may from time to time and at its discretion
+make product changes for the purpose of correcting behaviour in variance to
+the published specification or the user's reasonable expectations.
+
+
+7 PRODUCT UPGRADES
+
+7.1 The provider may from time to time release product upgrades. These will
+be provided free of charge and attempts made to provide a timely notification
+to customers of the existence of any new release.
+
+
+8 ERRORS AND OMISSIONS
+
+Whilst reasonable endeavours are made to ensure the accuracy of documentation
+concerning the details of the Loader, the user accepts the possibility of
+inaccuracies in information presented in any format, including email
+communications and online services. The provider shall under no circumstances
+be liable for any events that arise as a result of unintentional inaccuracies
+or omissions.
+
+
+9 USER INDEMNITY
+
+You agree to fully indemnify, defend and hold the provider harmless
+immediately upon demand from and against all actions, liability, claims,
+losses, damages, costs and expenses (including legal/attorney fees) incurred
+by the provider arising directly or indirectly as a result of your breach of
+this Licence Agreement.
+
+
+10 INTELLECTUAL PROPERTY RIGHTS
+
+10.1 The user acknowledges that the Loader and associated documentation and
+materials contain proprietary information of the provider and are and shall
+remain the exclusive property of the provider and/or its licensors and all
+title, copyright, trade marks, trade names, patents and other intellectual
+property rights therein of whatever nature shall remain the sole property of
+the provider and/or its licensors.
+
+10.2 No title to or rights of ownership, copyright or other intellectual
+property in the Loader is transferred to the user (other than the licence
+rights expressly granted in this Licence Agreement).
+
+
+11 TERMINATION
+
+11.1 The provider reserves the right to terminate this Licence Agreement
+immediately by notice in writing against the user if the user is in breach of
+any terms and conditions of this Licence Agreement.
+
+11.2 Termination of this Licence Agreement for any reason shall be without
+prejudice to any other rights or remedies of the provider which may have
+arisen on or before the date of termination under this Licence Agreement or in
+law.
+
+11.3 The provisions of the following clauses shall survive any termination of
+this agreement; clause 3, 5, 10 and 13.
+
+
+12 GENERAL
+
+12.1 The provider reserves the right to transfer or assign all or any of its
+rights and duties and responsibilities set out in this Licence Agreement to
+another party.
+
+12.2 Headings have been included for convenience only and will not be used in
+construing any provision of this Licence Agreement.
+
+12.3 No delay or failure by the provider to exercise any powers, rights or
+remedies under this Licence Agreement will operate as a waiver of them nor
+will any single or partial exercise of any such powers, rights or remedies
+include any other or further exercise of them.
+
+12.4 If any part of this Licence Agreement is found by a court of competent
+jurisdiction or other competent authority to be invalid, unlawful or
+unenforceable then such part shall be severed from the remainder of this
+Licence Agreement which will continue to be valid and enforceable to the
+fullest extent permitted by applicable law.
+
+12.5 This Licence Agreement including the documents or other sources referred
+to herein supersede all prior representations, understandings and agreements
+between the user and the provider relating to the Loader and sets forth the
+entire agreement and understanding between the user and the provider relating
+to the Loader.
+
+12.6 Nothing in this Licence Agreement shall be deemed to constitute a
+partnership between you and the provider nor constitute either party being an
+agent of the other party.
+
+12.7 This Agreement does not create any rights or benefits enforceable by any
+person not a party to it (within the meaning of the U.K.Contracts (Rights of
+Third Parties) Act 1999) except that a person who under clause 12.1 is a
+permitted successor or assignee of the rights or benefits of the provider may
+enforce such rights or benefits.
+
+
+13 GOVERNING LAW AND JURISDICTION
+
+This License Agreement and any issues relating thereto shall be construed and
+interpreted in accordance with the laws of England and subject to the
+exclusive jurisdiction of the English courts.
+
+Copyright (c) 2002-2003 ionCube Ltd. Last revised 23-Feb-2003
+