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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
-