PHP LIVE! SOFTWARE LICENSE AGREEMENT
1. GENERAL SOFTWARE LICENSE
A. General License Grant
In consideration of payment of the license fee, which is part of the price of the Software issued by PHP Live LLC grants You the nonexclusive right to use the software for company/organizational/individual use. You are granted the choice of modifying the Software source code. You may use the Software under all domains that are owned, operated and is controlled by the licensed company/organization/individual. You are granted the right to create multiple instances of the software with the restriction of each copy retaining the original "PHP Live! powered" link. If you would like to remove the "PHP Live! powered" link, a purchase of the "Debrand" key is required or your client account must be Enterprise. You are bound to this Agreement during the entire time span of the Software use, in its original or altered state.
The PHP Live! Support software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software) is owned by PHP Live! copyright and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. You may not copy the Software for distribution or resell in any way. You may not copy any written materials accompanying the Software without express written authorization from the creator of PHP Live! or other persons/companies/entities that has the PHP Live! creator's authorized consent. Proofs of infringement of copyright violations include but not limited to similar code style and structures, similar layout and interface design, similar database design, and containing parts of the original software source code. Modification of the software is allowed, but removing the "powered by" branding is prohibited unless the "Debrand" key has been purchased.
C. Other Restrictions
Each Software package purchased under this Agreement is licensed as a single product. Its component parts CAN be modified or separated, but from there after, technical support is no longer provided for the modified software. You may not distribute copies of the Software in its original or altered state. PHP Live! redistribution (original or altered), resell (original or altered) or OEM are not allowed. Providing PHP Live! as hosted solution to your clients/members/individuals is not allowed. Any type of third-party use of the Software is not allowed.
D. User Infringement Liability
You may be held legally responsible for any infringement that is caused by the failure to comply with the licensing provisions of this Agreement.
2. DISCLAIMERS AND WARRANTY INFORMATION
A. No Warranty
All information and software on and from this site are provided "as is" without warranty of any kind. The creator of PHP Live! and other persons/companies/entities with authorized consent or any parties related to the operations of the PHP Live! website assumes no responsibility. You assume the entire risk for the results and performance of the software.
B. No Liability For Damages
In no event shall the creator of PHP Live! and other persons/companies/entities with authorized consent or anyone else involved in the creation and production of the PHP Live! software be liable for any damages whatsoever, including loss of time, loss of data, loss of other materials, loss of profits, business or other work interruptions, or any other pecuniary losses, whether or not advised of the possibility of such damage, and based on any theory of liability, arising out of or in connection with the use of or inability to use information, software or other materials obtained from using this software or from the performance or lack of performance of this software.
Refunds are available for 30 days from the purchase date.
4. TECH SUPPORT
Tech support is available for 6 months from the purchase date for Download clients. General tech support will always be available free of charge. However, some incidents that require extensive troubleshooting will require a purchase of Escalated Tech Support service. Escalated Tech Support are situations that require FTP or SSH access to your server for in dept information gathering, possible server configuration situation and other issues that could not be fixed with common methods. For On Demand clients, tech support is available for the duration of the On Demand service.
This Agreement is effective IMMEDIATELY upon Your Software download and Software transfer from PHP Live! severs to your computer. Proof of download will be based on client download activity at the PHP Live! server records and download history logs. Without prejudice to any other rights, this License may be suspend, revoked, or terminated by the creator of PHP Live! or other persons/companies/entities with authorized consent if You fail to comply with any of its provisions. In such event, You shall delete all copies and instances of PHP Live! software from your possession within 7 days of the License Agreement termination notice.
This License Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in New York City, New York, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. The creator of PHP Live! and other persons/companies/entities with authorized consent has the right to modify this agreement with each new release of the Software. You have the right to waiver the modifications and opt to abide by the previous Agreement and chooses not to accept the new Software release and the modified License Agreement. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
7. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
In any event of copyright infringement, or suspecting of copyright infringement, the creator of PHP Live! and other persons/companies/entities with authorized consent may contact the hosting or domain provider and issue a DMCA notice to stop the use or to confirm a valid purchase of the PHP Live! Software. Please review the above section 1-B and 1-C for copyright terms and agreement.