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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 2A Exbury Road, Catford, London,
- SE6 4ND, 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) 2002-2005 ionCube Ltd. Last revised 21-Feb-2005
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