ioncube-encoders/v6.5.1/LICENSE.txt

IONCUBE PHP ENCODER (EVALUATION AND NON-EVALUATION) 6.5

THE FRIENDLY VERSION:

The full license agreement as set out below relating to the evaluation and
non-evaluation versions of the Encoder will at all times be the legal
agreement that relates to your use of the Encoder.

In summary, the Encoder can be used by you and any persons within the
same company, organisation etc. on any licensed machine. The purchased
software comes with one license as standard, and additional licenses may
be purchased as required. Machines are licensed based on machine identity,
part of which is the MAC address of a machines Ethernet interface.
You can make limited backups and keep those offsite if necessary. 
Encoded files may be run on any machines without restriction and without
requirement to purchase licenses.

Product support is given via email or telephone. 

Free product support and upgrades are included for a period of 12 (twelve)
months after purchase. If no product upgrade is released within that period,
you will still be entitled to the next upgrade for free whether or not the
support contract has been renewed.

The product is likely to change over time, and may in time be superceded by
a new product. In this case, upgrades to the old product may still be
provided, and a crossgrade fee may apply if wishing to switch to the newer
product.

LICENCE AGREEMENT FOR THE IONCUBE PHP ENCODER
(EVALUATION AND NON-EVALUATION) 6.5

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
ENCODER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
ENCODER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT.  IF YOU
DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, DO NOT INSTALL, COPY
AND/OR USE THE ENCODER SOFTWARE.

DEFINITIONS

The following definitions shall apply in this document:

ENCODER shall mean the ionCube PHP Encoder software package (evaluation and
non-evaluation version) including any modifications or upgrades to the
software used for encoding PHP scripts to render them non-humanly readable and
any associated documentation or electronic or online materials relating to the
software

ENCODED FILE shall mean a non-humanly readable file produced by the Encoder
being derived from humanly readable PHP script source

PROVIDER shall mean ionCube Ltd. of 2A Exbury Road, Catford, London,
SE6 4ND, UK.

BUSINESS ENTITY shall mean any body of users, for example a company or
organisation, with a single primary business purpose.

USER/YOU shall mean any person or business entity who has purchased
a licence for the non-evaluation version, or downloaded the free evaluation
version of the Encoder.


1 LICENSE ENTITLEMENT 

1.1 The Encoder is licensed not sold.  Title to the Encoder does not pass to
the user in any circumstances.  The Encoder is supplied in object code.

1.2 The provider grants a personal, non-transferable, non-exclusive licence to
use the Encoder in accordance with the terms and conditions of this Licence
Agreement.

1.3 Downloading of the evaluation Encoder entitles the user to install
and use the Encoder for its own internal lawful purposes and in accordance
with the terms set out in this license agreement on any machines as necessary
to adequately evaluate the software.

1.4 Downloading of the purchased Encoder entitles the user to install
and use the Encoder for its own internal lawful purposes and in accordance 
with the terms set out in this license agreement on any licensed machines.
Licensing is based on machine identity, part of which is the MAC address
of an Ethernet interface in the licensed machine. The software is provided
with a license allocation for one machine as standard, and additional
licenses may be purchased separately as required. Scope of usage is
expressly restricted to use by the purchasing individual or organisation. 

1.5 The user is entitled to use the Encoder solely for the purpose of encoding
PHP scripts and encrypting files where the user is the beneficiary of the
encoding.

1.6 Encoding scripts developed by the user where a third party has requested
the files to be encoded in order to benefit from the encoding is not
permitted.

1.7 The Encoder is not "for hire", and providing any form of Encoding service
that uses the Encoder for the purposes of encoding third party scripts and
where a third party is benefitting from the encoding service is expressly
forbidden.


2 DISTRIBUTION 

2.1 The Encoder may not be redistributed to any third party.

2.2 The making of reasonable copies for back-up security purposes is
permitted, provided all copies made include all copyright and proprietary
notices of the Provider.

2.3 Keeping reasonable copies of the Encoder is permitted solely for onsite or
offsite back-up purposes.

2.4 Without the express permission of the provider, the Encoder may under no
circumstances be embedded inside another product, nor branded as another
product, whether distributed or not. 

2.5 Encoded files and all copies thereof may be freely distributed by the user
to third parties provided that the user accepts the responsibility of
procuring that entities in receipt of encoded files are aware of and agree to
the restrictions in this License Agreement governing the use of such files
(specifically clause 3).


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 program, embedded data or license files 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 modification for the purposes of modifying behaviour or scope of
their usage is forbidden.


4 LIMITED WARRANTY

4.1 The functionality of the non-evaluation Encoder shall be in accordance
with the documentation or materials supplied for the Encoder for a period of
30 days from the date the Encoder is put into live use.  The provider does not
warrant that the Encoder is uninterrupted or error free.  This constitutes the
only warranty provided by the provider in respect of the Encoder.

4.2 The provider will remedy any non-conformance of the Encoder to the
documentation during the warranty period by correction or replacement of any
defects, provided that the user promptly notifies the provider of an error
occurring during the warranty period.


5 LIMITATION OF LIABILITY 

5.1 IN NO EVENT WILL THE PROVIDER OF THE ENCODER 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 ENCODER OR ENCODED FILES, EVEN IF THE PROVIDER IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 THE ENCODER 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 ENCODER TO THE FULLEST EXTENT PERMITTED BY
LAW.

5.3 DOWNLOADING THE ENCODER 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 ENCODER.  WHILST THE
PROVIDER WILL DO ITS BEST TO ENSURE THAT THE ENCODER 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 ENCODER PRODUCT OR REFUND OF THE PURCHASE
PRICE PAID BY THE USER IN RESPECT OF ANY SINGLE DEFAULT OR SERIES OF DEFAULTS
ARISING FROM THE SAME CAUSE.

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
who have an existing licence for the non-evaluation version of the Encoder.
The provider will only provide support for the latest release and for up to
two prior versions of the Encoder. Product support for the evaluation version
will be given during the 14-day evaluation period.

6.2 Support comprises of fault reporting via e-mail and fault diagnosis,
recommendations on correction and where reasonably possible correction between
9am to 5pm (UK time) Monday to Friday except UK statutory and public
holidays. Support may additionally be available during extended hours outside
of this period.

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. Such
changes will generally be made and distributed without charge.

6.6 Entitlement to product support and upgrades is granted by a separate
support and upgrades package. Product support and upgrades are provided free
of charge for a period of 12 (twelve) months after initial product purchase.

6.7 The period of support and upgrades entitlement may be extended after the 
initial 12 months period for an additional fee. Should no product upgrade be
released during a support period, the licensee shall be entitled to the
next product upgrade free of charge regardless of whether they are entitled
to upgrades and support at that time.

7 PRODUCT UPGRADES

7.1 The provider may at his discretion release without further charge product
upgrades that change and/or enhance the features and/or existing behaviour of
the Encoder.

7.2 Substantial product changes may be offered to existing users for an
additional fee. At the discretion of the provider, this may be at a discounted
rate and accordingly be less than the difference between original and current
purchase prices.


8 PRODUCT PRICE

8.1 The price of the product may increase or decrease at the provider's
discretion with or without notice. Existing purchasers will not be liable for
additional costs should the product price increase, nor be due any refund if
the price decreases.

8.2 All prices are exclusive of VAT and all other taxes and duties. UK VAT
may additionally be added in accordance with the laws of UK HM Customs
and Excise.

8.3 All prices are in US dollars unless otherwise indicated.


9 ERRORS AND OMISSIONS

Whilst reasonable endeavours are made to ensure the accuracy of documentation
concerning the details of the Encoder, the user accepts the possibility of
inaccuracies in information presented in any format, including documentation,
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.


10 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.


11 INTELLECTUAL PROPERTY RIGHTS

11.1 The user acknowledges that the Encoder 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.

11.2 No title to or rights of ownership, copyright or other intellectual
property in the Encoder is transferred to the user (other than the licence
rights expressly granted in this Licence Agreement).


12 TERMINATION

12.1 The licence for the evaluation version of the Encoder will terminate 14
days after the date of downloading, and any files encoded by the user will no
longer work 36 hours after being encoded.

12.2 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.

12.3 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.

12.4 The provisions of the following clauses shall survive any termination of
this agreement; clause 3, 5, 11 and 14.


13 GENERAL

13.1 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.

13.2 Headings have been included for convenience only and will not be used in
construing any provision of this Licence Agreement.

13.3 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.

13.4 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.

13.5 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 Encoder and sets forth the
entire agreement and understanding between the user and the provider relating
to the Encoder.

13.6 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.

13.7 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 13.1 is a
permitted successor or assignee of the rights or benefits of the provider may
enforce such rights or benefits.


14 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) 2002-2006 ionCube Ltd.                  Last revised 12-Jan-2006