IMPORTANT—READ THESE TERMS CAREFULL BEFORE INSTALLING OR USING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY UNINSTALL AND REMOVE THE SOFTWARE.
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LICENCE TERMS FOR JOOMLADATE JOOMLA COMPONENT (for the purposes of this license document henceforth known as 'the Software')
X. Definitions As Used Within
i. “JoomlaDate” also known as “JoomlaDate Joomla Component” and also know as “Joomla Date” shall be referenced either by name or by the literal words ‘the Software’.
ii. All documentation, and internal code remarks and comments shall be referenced either by name or by the literal word ‘Documentation’.
iii. The author of this software, Eric Goldman, shall be referenced either by name or by the literal words ‘the Author’.
iv. You, the customer of this software, shall be referenced either by the name or by the literal words ‘the Customer’.
v. This document, the License Agreement shall be referenced either by the literal words ‘this Agreement’ or ‘the License Agreement’.
1. Grant of License for Registered Users
Eric Goldman, grants the Customer a non-exclusive, non-transferable license to use the program with which this license is distributed (‘the Software’), including any documentation files accompanying the Software (‘Documentation’), on the number of Joomla installations specified below, in addition to storage of one backup copy of the Software, provided that:
(i) the Software is installed on up to, and not exceeding, one (1) instance of the Joomla or Mambo Content Management Systems;
(ii) all copyright notices are maintained on the Software; and
(iii) you agree to be bound by the terms of this License Agreement.
The software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
2. Ownership
Under this license, the Customer is given no ownership rights in the Software. Rather, the Customer has a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Eric Goldman. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of the License Agreement.
3. Copyright
The Software and Documentation contain material this is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to the Customer herein are expressly reserved by Eric Goldman. You may not remove any proprietary notice of Eric Goldman from any copy of the Software or Documentation.
4. Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof without the expressed written consent of the Author. You may not reverse engineer, decompile, translate, adapt, or disassemble any part of the Software which has been encrypted and protected. You may not transmit the Software over any network or between any devices, except for the sole necessity of installation and configuration of the Software. You may transfer the Software to other computers you own, or lease as long as you only use it on the number of Joomla installations specified in section 1 (Grant of License for Registered Users) of this Agreement.
5. Confidentiality
You acknowledge that the Software contains proprietary trade secrets of Eric Goldman and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.
6. Limited Warranty
ERIC GOLDMAN WARRANTS FOR A PERIOD OF FIVE (5) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND ERIC GOLDMAN’S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT ERIC GOLDMAN’S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY ERIC GOLDMAN REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY STATED WITHIN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED ‘AS IS’. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERIC GOLDMAN DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERIC GOLDMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS THE CUSTOMER MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL ERIC GOLDMAN BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMANGE (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ERIC GOLDMAN, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ERIC GOLDMAN’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY THE CUSTOMER FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
THE LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM UNITED STATES OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF ERIC GOLDMAN AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
9. Termination
The License Agreement is effective until it is terminated. The Customer may terminate the License Agreement at any time by destroying or returning to Eric Goldman all copies of the Software and Documentation in the Customer’s possession or under the Customer’s control. Eric Goldman may terminate this License Agreement for any reason, including, but not limited to, if Eric Goldman finds that you have violated any of the terms of this License Agreement. Upon notification of termination, the Customer agrees to destroy or return to Eric Goldman all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of the License Agreement.
10. General
The License Agreement shall be construed, interpreted and
governed by the laws the state of
Copyright Eric Goldman 2007