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Web-Enz PHP Software
PHP Pro Link V1.
A
Yahoo-Style Search Directory
Licence
To use the PHP Pro Link software, please read
this License Agreement carefully.
PHP Pro Link V1. ("the Software") is copyrighted and licensed (not sold). By
accepting and using the Software, you are accepting and agreeing to the
terms of this License Agreement. Do not use the Software if you are not
willing to be bound by the terms of this License Agreement. This License
Agreement represents the entire agreement concerning the Software between
you and Web-Enz (The "Licensor"), and it supersedes any prior proposal,
representation, or understanding between the parties.
1. License Grant.
Licensor hereby grants to you, and you accept, a nonexclusive,
non-transferable and royalty-free right to install and use the Software
therein in the form that is received from Web-Enz only, and you accept the
accompanying User Documentation, as authorized in this License
Agreement. The Software may be used only for the number of databases for
which you purchase a license. However a single database may be shared over
multiple sites. You agree that you will not assign, sublicense, transfer,
pledge, lease, rent, or share your rights under this License Agreement.
2. Restrictions.
The Software and all copies of it are the property of Licensor, and are
protected by New Zealand and international copyright, and intellectual
property laws and treaty provisions. All rights to patents, copyrights,
trademarks and trade secrets in the Software or any modifications to it
shall be and remain the property of Licensor. You may not modify, alter, translate,
reverse engineer, decompile, disassemble or create derivative works based
on the Software, or remove any proprietary notices or labels that it
contains. You are permitted, however, to install the Software on more than one server, and to make a printed copies of the User Manual as
providing
only one(1) database is used between all copies. Any such copies of the
User's Manual shall include Licensor's copyright and other proprietary
notices. No copies of the Software or any portions thereof may be made by
you or any person under your authority or control.
3. License Fees.
The license fees paid by you are paid in consideration of the license
granted under this License Agreement.
4. Term.
This License Agreement is effective upon your payment of the license fees,
and shall continue until terminated. You may terminate this License
Agreement at any time by de-installing the Software from your computers.
Licensor may terminate this License Agreement upon the breach by you of
any term hereof. Upon such termination by Licensor, you agree to uninstall/remove
the Software from your computer and to destroy all copies of the User
Manual.
5. No Warranties.
Licensor has beta tested the Software and, in the course of this testing,
has found the software to perform as intended. However, all beta testing
has limitations. You expressly acknowledge and agree that the Software is
provided "AS IS" with no warranties or conditions, and that it may not
satisfy all of your requirements or be free from defects. The Licensor (i)
disclaims any express or implied warranties as to the noninfringement,
mercahantability or fitness for a particular purpose of the software or
that the operation of the software will be uninterrupted or error-free;
(ii) shall in no event be liable to you or to anyone else for loss, injury
or damage caused in whole or in part by, or failures, delays or
interruptions of, the software; (iii) shall in no event be liable to you
or anyone else for any direct, consequential, incidental or special
damages, including but not limited to any lost profits arising out of or
relating to the use or reliance on the software, even if advised of the
possibility of such damages. After the initial 30-day technical support
period, the entire risk as to the quality and performance of the software
is with you unless you purchase technical support from the licensor, in which
case the licensor’s responsibility shall be limited to providing technical
support as contained in this agreement. Some jurisdictions do not allow
the exclusion or limitation of warranties or incidental or consequential
damages, so the above limitations or exclusions might not apply to you.
6. Limitation of Liability.
The
Licensor's cumulative liability to you or any other party for any loss or
damages resulting from any claims, demands, or actions arising out of or
relating to this Agreement shall not exceed the license fee paid to
Licensor for the use of the Program. You acknowledge that by making any
such claim, you give up any rights to use the Program and as such will
immediately uninstall the program. In no event shall the Licensor be liable
for any indirect, incidental, consequential, special, or exemplary damages
or lost profits, even if Licensor has been advised of the possibility of
such damages. Some states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
7. Governing Law.
This License Agreement shall be construed and governed in accordance with
the laws of New Zealand.
8. Severability.
Should any term of this License Agreement be declared void or
unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof.
9. No Waiver.
The failure of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
Web-Enz which has been trading since 1998 as a
Web-enz.com partner and is owned by NZHealth.net.nz Limited.
Web-Enz
PO Box 337
Christchurch
New Zealand
Phone 025 310 709
Fax 03 980 4646
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