LICENSE.txt 10 KB

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  1. LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER AND USE OF IONCUBE ENCODED FILES
  2. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
  3. LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
  4. LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU
  5. DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, THEN DO NOT INSTALL, COPY
  6. AND/OR USE THE LOADER SOFTWARE.
  7. DEFINITIONS
  8. The following definitions shall apply in this document:
  9. LOADER shall mean the ionCube PHP Loader software package or collection
  10. of Loaders, including any modifications or upgrades to the software, used for
  11. executing PHP scripts previously encoded with the ionCube PHP Encoder
  12. software to render them non-humanly readable, and any associated
  13. documentation or electronic or online materials relating to the software.
  14. ENCODER shall mean any ionCube PHP Encoder software or service used for the
  15. purpose of producing non-humanly readable encoded files from PHP scripts.
  16. ENCODED FILE shall mean a non-humanly readable file produced by the
  17. Encoder and being derived from humanly readable PHP script source.
  18. PROVIDER shall mean ionCube Ltd. of 2A Exbury Road, Catford, London,
  19. SE6 4ND, UK.
  20. USER/YOU shall mean any entity who has downloaded or obtained through any
  21. other means a version of the Loader software.
  22. 1 LICENSE ENTITLEMENT
  23. 1.1 The Loader is provided free. Title to the Loader does not pass to
  24. the user in any circumstances. The Loader is supplied in object code.
  25. 1.2 The provider grants a personal, non-transferable, non-exclusive licence to
  26. use the Loader in accordance with the terms and conditions of this Licence
  27. Agreement.
  28. 1.3 The installation or downloading and use of the Loader entitles the user
  29. to install and use the Loader for its own internal lawful purposes.
  30. 2 DISTRIBUTION
  31. 2.1 The Loader may be freely distributed to third parties alone or as
  32. part of a distribution containing other items provided that this license
  33. is also included.
  34. 2.2 The Loader may under no circumstances be branded as another product,
  35. whether distributed or not.
  36. 2.3 Distribution as part of a commercial product is permitted provided such
  37. distribution is in accordance with clauses 2.1 and 2.2 with respect to the
  38. Loader.
  39. 3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
  40. Except insofar as the user is permitted to do so in accordance with applicable
  41. law:
  42. 3.1 Any analysis of the Loader and embedded data by any means and by
  43. any entity whether human or otherwise and including but without limitation to
  44. discover details of internal operation, to reverse engineer, to de-compile
  45. object code, or to modify for the purposes of modifying behaviour is
  46. forbidden.
  47. 3.2 Any analysis of encoded files by any means and by any entity whether human
  48. or otherwise and including but without limitation to discover details of file
  49. format or for the purposes of modifying behaviour or scope of their usage is
  50. forbidden.
  51. 4 WARRANTY
  52. THE LOADER SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
  53. WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES
  54. OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
  55. DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE LOADER IS UNINTERRUPTED
  56. OR ERROR FREE, NOR THAT THE OPERATION OF THE LOADER WILL FUNCTION IN
  57. CONJUNCTION WITH ANY OTHER PRODUCT.
  58. 5 LIMITATION OF LIABILITY
  59. 5.1 IN NO EVENT WILL THE PROVIDER OF THE LOADER BE LIABLE TO THE USER OR ANY
  60. PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER
  61. CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENCE
  62. AGREEMENT OR ANY USE OF THE LOADER OR ENCODED FILES, EVEN IF THE PROVIDER IS
  63. EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  64. 5.2 THE LOADER IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL
  65. WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING
  66. FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR
  67. OTHERWISE IN CONNECTION WITH THE LOADER TO THE FULLEST EXTENT PERMITTED BY
  68. LAW.
  69. 5.3 DOWNLOADING THE LOADER IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT
  70. ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS
  71. A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
  72. OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE LOADER. WHILST THE
  73. PROVIDER WILL DO ITS BEST TO ENSURE THAT THE LOADER IS FREE FROM SUCH
  74. DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS
  75. TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.
  76. 5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS
  77. LICENCE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE
  78. PROVIDER TO THE REPLACEMENT OF THE LOADER PRODUCT.
  79. 5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY
  80. E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY
  81. THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
  82. TRANSMISSION.
  83. 6 BUG FIXING AND PRODUCT SUPPORT
  84. 6.1 The provider will use reasonable endeavours to provide support to users.
  85. The provider will at their discretion only provide support for the latest
  86. release and for up to two prior versions of the Loader.
  87. 6.2 Support comprises of fault reporting via e-mail and fault diagnosis,
  88. recommendations on workaround, and where reasonably possible a timely
  89. resolution.
  90. 6.3 The user accepts that on occasion the ability of the provider to meet
  91. anticipated or published support schedules may be impaired due to, but without
  92. limitation, Internet service provider failures or software failures that
  93. affect the ability to communicate for an indeterminate period.
  94. 6.4 The provider reserves the right to refuse to provide support at any time.
  95. 6.5 The provider wishes to maintain and offer a product of the highest
  96. possible quality, and accordingly may from time to time and at its discretion
  97. make product changes for the purpose of correcting behaviour in variance to
  98. the published specification or the user's reasonable expectations.
  99. 7 PRODUCT UPGRADES
  100. 7.1 The provider may from time to time release product upgrades. These will
  101. be provided free of charge and attempts made to provide a timely notification
  102. to customers of the existence of any new release.
  103. 8 ERRORS AND OMISSIONS
  104. Whilst reasonable endeavours are made to ensure the accuracy of documentation
  105. concerning the details of the Loader, the user accepts the possibility of
  106. inaccuracies in information presented in any format, including email
  107. communications and online services. The provider shall under no circumstances
  108. be liable for any events that arise as a result of unintentional inaccuracies
  109. or omissions.
  110. 9 USER INDEMNITY
  111. You agree to fully indemnify, defend and hold the provider harmless
  112. immediately upon demand from and against all actions, liability, claims,
  113. losses, damages, costs and expenses (including legal/attorney fees) incurred
  114. by the provider arising directly or indirectly as a result of your breach of
  115. this Licence Agreement.
  116. 10 INTELLECTUAL PROPERTY RIGHTS
  117. 10.1 The user acknowledges that the Loader and associated documentation and
  118. materials contain proprietary information of the provider and are and shall
  119. remain the exclusive property of the provider and/or its licensors and all
  120. title, copyright, trade marks, trade names, patents and other intellectual
  121. property rights therein of whatever nature shall remain the sole property of
  122. the provider and/or its licensors.
  123. 10.2 No title to or rights of ownership, copyright or other intellectual
  124. property in the Loader is transferred to the user (other than the licence
  125. rights expressly granted in this Licence Agreement).
  126. 11 TERMINATION
  127. 11.1 The provider reserves the right to terminate this Licence Agreement
  128. immediately by notice in writing against the user if the user is in breach of
  129. any terms and conditions of this Licence Agreement.
  130. 11.2 Termination of this Licence Agreement for any reason shall be without
  131. prejudice to any other rights or remedies of the provider which may have
  132. arisen on or before the date of termination under this Licence Agreement or in
  133. law.
  134. 11.3 The provisions of the following clauses shall survive any termination of
  135. this agreement; clause 3, 5, 10 and 13.
  136. 12 GENERAL
  137. 12.1 The provider reserves the right to transfer or assign all or any of its
  138. rights and duties and responsibilities set out in this Licence Agreement to
  139. another party.
  140. 12.2 Headings have been included for convenience only and will not be used in
  141. construing any provision of this Licence Agreement.
  142. 12.3 No delay or failure by the provider to exercise any powers, rights or
  143. remedies under this Licence Agreement will operate as a waiver of them nor
  144. will any single or partial exercise of any such powers, rights or remedies
  145. include any other or further exercise of them.
  146. 12.4 If any part of this Licence Agreement is found by a court of competent
  147. jurisdiction or other competent authority to be invalid, unlawful or
  148. unenforceable then such part shall be severed from the remainder of this
  149. Licence Agreement which will continue to be valid and enforceable to the
  150. fullest extent permitted by applicable law.
  151. 12.5 This Licence Agreement including the documents or other sources referred
  152. to herein supersede all prior representations, understandings and agreements
  153. between the user and the provider relating to the Loader and sets forth the
  154. entire agreement and understanding between the user and the provider relating
  155. to the Loader.
  156. 12.6 Nothing in this Licence Agreement shall be deemed to constitute a
  157. partnership between you and the provider nor constitute either party being an
  158. agent of the other party.
  159. 12.7 This Agreement does not create any rights or benefits enforceable by any
  160. person not a party to it (within the meaning of the U.K.Contracts (Rights of
  161. Third Parties) Act 1999) except that a person who under clause 12.1 is a
  162. permitted successor or assignee of the rights or benefits of the provider may
  163. enforce such rights or benefits.
  164. 13 GOVERNING LAW AND JURISDICTION
  165. This License Agreement and any issues relating thereto shall be construed and
  166. interpreted in accordance with the laws of England and subject to the
  167. exclusive jurisdiction of the English courts.
  168. Copyright (c) 2002-2005 ionCube Ltd. Last revised 21-Feb-2005