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ESCAPE RADIUS END-USER LICENSE AGREEMENT FOR THE
LiteRadius GEOGRAPHIC LOCATOR SOFTWARE PRODUCT
IMPORTANT LEGAL AGREEMENT—READ CAREFULLY:
This End-User License Agreement ("Agreement") is a legal contract between You (either an individual or a single business entity) and Escape Radius, PO Box 618, Penn Yan, NY 14527(“Licensor”) for the LiteRadius Geographic Locator software product, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Software Product").
LICENSE TERMS
1. Definitions. An "Affiliate" means any corporation, partnership, joint venture, or other entity: (1) as to which You own or control, directly or indirectly, stock or other interest representing more than twenty-five percent (25%) of the aggregate stock or other interest entitled to vote on general decisions reserved to the stockholders, partners, members or other owners of such entity; (2) if a partnership, as to which You or another Affiliate is a general partner; (3) to which You provide substantial management services under contract; or (4) that You otherwise control or assist in matters of management and operations.
A "Derivative Work" means a work that is based on one or more preexisting works, such as a revision, enhancement, modification, translation, abridgement, condensation, expansion, or any other form in which such preexisting works may be recast, transformed, or adapted, and that, if prepared without authorization of the owner of the copyright in such preexisting work, would constitute a copyright infringement. For purposes hereof, a Derivative Work shall also include any compilation that incorporates such a preexisting work. Unless otherwise provided in this Agreement, all references to the Software Product include any Derivative Works provided by Licensor or authorized to be made by You hereunder.
"End-User Materials" means documentation that describes the function and use of each Software Product in sufficient detail to permit use of the Software Product.
The “Software Product” means the LiteRadius Geographic Locator, as delivered by Licensor.
The "Source Code" of the Software Product means the Software Product written in programming languages, such as PHP, including all comments and procedural code, in a form intelligible to trained programmers for operation on computer equipment through assembly or compiling, and accompanied by documentation, including flow charts, schematics, statements of principles of operations, and architecture standards, describing the data flows, data structures, and control logic of the Software Product in sufficient detail to enable a trained programmer through study of such documentation to maintain and/or modify the Software Product without undue experimentation.
"You" and “Your” mean the single end-user customer and assignee who has accepted this license and purchased the Software Product.
2. Affiliates. Your rights and license hereunder may be assigned by You to an Affiliate, provided that the Affiliate assumes and abides by the obligations and restrictions established hereunder.
3. Grant of License. Licensor hereby grants to You a non-exclusive license for Software Product as follows:
3.1. Use of Source Code. Licensor grants You a nonexclusive license in and to the Software Product, in Source Code form, to use the Source Code to modify the Software Product and otherwise prepare Derivative Works of the Software Product for Your specific needs. Licensor is not responsible for debugging of any such modifications or Derivative Works. Licensor is not responsible for maintenance of any such modifications or Derivative Works. Licensor makes no warranty regarding any such modifications or Derivative Works. Any such Derivative Works are subject to the terms of this Agreement. Copies of such Derivative Works must be provided to Licensor within thirty (30) days of installation or use, whichever occurs earlier, and You acknowledge and agree that Licensor is the exclusive owner of the copyright to any such Derivative Work.
3.2. Use of Software Product. Licensor grants You a nonexclusive license in and to the Software Product to:
a. Use the Software Product for purposes of serving Your needs only;
3.3. All Other Rights Reserved. All rights not expressly granted to You by this Agreement are reserved to Licensor. 4. Copyright Notices; Registration of Software Product. Each copy of the Software Product has copyright notices and is included or affixed, physically or electronically, to any media (i.e. cds), End-User Materials, and the Source Code delivered to You. You shall not remove or otherwise modify the copyright notices from the Software Product.
5. Term of License. The Term of Your license is perpetual unless it is terminated by Licensor for violation of this Agreement or any other agreements with the Licensor, its successors or assigns.
6. Installation and Initial Set-Up. You are responsible for the installation of the Software Product. You agree to defend, indemnify and hold harmless the Licensor for any damages, expenses, claims, lawsuits, directly related or incidental to the installation of the Software Product. You are responsible for obtaining computers and operating systems compatible with the Software Product, as shown in the technical specifications for the Software Product.
7. Customer Responsibilities. You are responsible for the following:
a. Determining whether the Software Product will achieve the results You desire;
b. Procuring, installing, and operating computers and operating systems to run the Software Product;
c. You shall indemnify, hold harmless, defend and bear all costs of defending Licensor, from, against and with respect to any and all damage, loss, deficiency, costs, expenses (including reasonable attorney and accountant fees, legal costs or expenses), action, suit, proceeding, demand, assessment or judgment to or against Licensor, its successors and assigns (collectively, "Licensor's Aggregate Net Loss") arising out of or in connection with: (i) Your use of the Software Product; (ii) any third-party’s use of the Software Product; (iii) any material breach or violation of, or nonperformance by, You of any of the terms of this Agreement. Licensor’s Aggregate Net Loss shall be deemed to include any damage, loss, deficiency, expense, action, suit, proceeding demand, assessment or judgment against or suffered by Licensor, its successors and assigns, arising out of or in connection with the foregoing matters.
Licensor reserves the right to charge additional service fees if You seek assistance with respect to such basic information or any other matters not directly relating to the operation of the Software Product. Licensor does not hold itself out as a professional expert and adviser regarding Your computer or information needs.
8. Proprietary Protection. All title and copyrights in and to the Software Product, Derivative Works and End-User Materials (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying media and printed materials, and any copies of the Software Product are owned by or licensed to Licensor. Therefore, You must treat the Software Product like any other copyrighted material, subject to the rights and license expressly granted to You by this Agreement. This Agreement does not provide You with title or ownership of the Software Product, Derivative Works or the End-User Materials, but only a right of limited use. If You transmit to Licensor, by any means or by any media, any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), which are not Derivative Works or otherwise owned by Licensor, whether as information, feedback, data, questions, comments, suggestions or the like, You agree such submissions are unrestricted and shall be deemed non-confidential, and You automatically grant Licensor and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
9. Data. You acknowledge that data transmission and conversion are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, any of which may give rise to loss or damage. Licensor shall not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
10. Limited Warranty. Licensor does not warrant that the Software Product will be error-free in all circumstances.
EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, LICENSOR SHALL HAVE NO LIABILITY FOR THE SOFTWARE PRODUCT OR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; LICENSOR MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LICENSOR IS NOT RESPONSIBLE FOR OBSOLESCENCE OF THE SOFTWARE PRODUCT THAT MAY RESULT FROM CHANGES IN YOUR REQUIREMENTS. THE SOFTWARE PRODUCT IS WRITTEN FOR PHP AND USES MYSQL DATABASES AND/OR SUCH OTHER DATABASES AS MAY BE ADDED FROM TIME TO TIME. THE SOFTWARE PRODUCT ALSO INTERFACES WITH THIRD PARTY MAPPING SOFTWARE PROGRAMS. LICENSOR IS NOT AFFILIATED WITH PHP, MYSQL OR ANY THIRD PARTY MAPPING SOFTWARE PROGRAM VENDOR AND IS NOT RESPONSIBLE FOR THE CONTINUATION OF ANY SUCH SERVICES OR FOR THE CONTENT PROVIDED TO YOU BY ANY SUCH SERVICES.
11. Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Licensor to You for all claims relating to the Software Product and any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of the purchase price paid to Licensor for the relevant Software Product plus charges paid for services within the year immediately preceding such claim. In no event shall either party be liable to the other for any consequential, indirect, special, or incidental damages, even if such party has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You.
12. Notices. All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by U.S. mail, certified, return receipt requested, postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom they are addressed.
13. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York as it applies to a contract made and performed in such state. In the event that any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by the law.
14. Modifications and Waivers. This Agreement may not be modified except by a writing signed by authorized representatives of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The nonenforcement or waiver of any provision on one (1) occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this Agreement.
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License Agreement for use of Codeigniter MVC Framework
Copyright (c) 2006, EllisLab, Inc.
All rights reserved.
This license is a legal agreement between you and EllisLab Inc. for the use
of CodeIgniter Software (the "Software"). By obtaining the Software you
agree to comply with the terms and conditions of this license.
PERMITTED USE
You are permitted to use, copy, modify, and distribute the Software and its
documentation, with or without modification, for any purpose, provided that
the following conditions are met:
1. A copy of this license agreement must be included with the distribution.
2. Redistributions of source code must retain the above copyright notice in
all source code files.
3. Redistributions in binary form must reproduce the above copyright notice
in the documentation and/or other materials provided with the distribution.
4. Any files that have been modified must carry notices stating the nature
of the change and the names of those who changed them.
5. Products derived from the Software must include an acknowledgment that
they are derived from CodeIgniter in their documentation and/or other
materials provided with the distribution.
6. Products derived from the Software may not be called "CodeIgniter",
nor may "CodeIgniter" appear in their name, without prior written
permission from EllisLab, Inc.
INDEMNITY
You agree to indemnify and hold harmless the authors of the Software and
any contributors for any direct, indirect, incidental, or consequential
third-party claims, actions or suits, as well as any related expenses,
liabilities, damages, settlements or fees arising from your use or misuse
of the Software, or a violation of any terms of this license.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE BE LIABLE
FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION
WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE
APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING
BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF
DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
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