PHP Realtor(tm) Software License
Agreement
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Copyright (c) 2001 - 2010 BIC Marketing Development. All rights reserved.
Redistribution of this copyrighted material in any form is forbidden.
Notice to User:
This End User License Agreement (EULA) is a CONTRACT between you (either
an
individual or a single entity) and BIC Marketing Development, which
covers
your use of the BIC Marketing Development software product that
accompanies
this EULA and related software components, which may include
associated media,
printed materials, and "online" or electronic
documentation. All such software
and materials are referred to herein as the
"Software Product." A software
license, issued to a designated user only by
BIC Marketing Development or
its authorized agents, is required for each
user of the Software Product. If
you do not agree to the terms of this EULA,
then do not install or use the
Software Product or the Software Product
License. By explicitly accepting this
EULA, however, or by installing,
copying, downloading, accessing, or otherwise
using the Software Product
and/or Software Product License, you are acknowledging
and agreeing to be bound by the
following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE.
(a) Software Product License. The Software Product License, which is issued
to
a designated user, enables such designated user to use the Software
Product on
a single installation on a single Internet domain. Additional
installations
require additional licenses. You may not modify or create
derivative copies of
the Software Product License.
(b) Grant of License. Subject to a validly issued Software Product
License,
BIC Marketing Development grants to you the non-exclusive,
non-transferable
right for you to use the Software Product on a single
Internet domain. You
may not modify or create derivative copies of the
Software Product. All rights
not expressly granted to you are
retained by BIC Marketing Development.
(c) Backup Copy: Software Product. You may make copies of Software Product
as
reasonably necessary for the use authorized above, including as needed for
backup
and/or archival purposes. No other copies may be made. Each copy must
reproduce
all copyright and other proprietary rights notices on or in
the Software Product.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY BIC MARKETING DEVELOPMENT.
The Software Product is protected by U.S. and international copyright laws
and
treaties, as well as other intellectual property laws and treaties. You
must not
remove or alter any copyright notices on any copies of the Software
Product. This
Software Product copy is licensed, not sold. Furthermore, this
EULA does not grant
you any rights in connection with any trademarks or
service marks of BIC
Marketing Development. BIC Marketing Development
reserves all intellectual
property
rights, including copyrights, and trademark rights.
3. SUBLICENSING
You may
sublicense the Software and Your rights under this license to another party
provided that:
a. You understand and agree to the terms of this license
agreement.
b. The Software is only sublicensed ONCE, to a single
party.
d. The sublicense is a valid, binding
license.
e. The sublicense contains terms that are no less
restrictive than this agreement (or the same
terms as this agreement) and does not contain this right to
sublicense.
f. The legal jurisdiction for the sublicense is
defined as either that of BIC or that of Your
corporate head office.
g. You do not make any representations or
warranties on behalf of BIC.
h. You agree to enforce the terms
of any sublicense that You are authorized to make. If
You
fail to do so, You agree that BIC may take
such steps in Your name and as Your agent,
including legal proceedings
if necessary, to enforce the sublicense granted by You.
4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption
mechanisms,
disable license enforcement procedures, or disassemble the
Software Product
except and only to the extent that such activity is
expressly permitted by
applicable law notwithstanding this limitation.
5. LICENSE ENFORCEMENT
This Software Product requires a valid license number to operate
correctly.
Licenses must be registered to a server name and IP and it is the
Purchasers
responsibily to ensure the license information is kept up to date.
This
Software Product contains procedures that are designed to help enforce
this
EULA. We reserve the right to monitor and record the license number,
ip,
domain name, and/or server name of license violators by sending
this
information to our license servers from the Software Product. We will
never
have access to any further information or the installed Software
Product
itself. ANY ATTEMPT TO TAMPER WITH OR DISABLE ANY LICENSE
ENFORCEMENT
MECHANISMS WILL RESULT IN IMMEADIATE TERMINATION OF YOUR
LICENSE.
6. SUPPORT SERVICES.
BIC Marketing Development may provide you with support services related
to
the Software Product. Use of any such support services is governed by
the
BIC Marketing Development polices and programs described in
"online"
documentation and/or other BIC Marketing Development-provided
materials.
Any supplemental software code or related materials that BIC
Marketing
Development provides to you as part of the support services is to
be considered
part of the Software Product and is subject to the terms and
conditions of this
EULA. With respect to any technical information you
provide to BIC Marketing
Development as part of the support services,
BIC Marketing Development
may use such information for its business
purposes without restriction, including
for product support and development.
BIC Marketing Development will not use such technical
information in a form that personally
identifies you.
7. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
BIC Marketing Development may terminate this EULA if you fail to comply
with
any term or condition of this EULA. In such event, Licensee agrees to
return to
Licensor or to destroy all copies of the Software upon
termination of the License.
8. NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS,"
AND
BIC Marketing Development (AND ITS THIRD PARTY SUPPLIERS AND
LICENSORS) MAKE
NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE
MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, BIC MARKETING DEVELOPMENT (AND
ITS THIRD PARTY
SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS,
WARRANTIES, AND
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK
ARISING OUT
OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE
LAW. IN NO EVENT SHALL BIC MARKETING DEVELOPMENT (OR ITS THIRD
PARTY SUPPLIERS
AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS
OR SERVICES, OR FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS INFORMATION)
ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY
TO USE THE SOFTWARE
PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
BIC
MARKETING DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN
ANY CASE, BIC MARKETING DEVELOPMENT (AND ITS THIRD PARTY SUPPLIERS'
AND
LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO
THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
U.S. $5.00;
PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A BIC
MARKETING DEVELOPMENT
SUPPORT SERVICES AGREEMENT, BIC MARKETING
DEVELOPMENT' ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT AGREEMENT.
10. GOVERNING LAW; ENTIRE AGREEMENT.
This EULA is governed by the laws of the State of New York,
U.S.A.,
excluding the application of its conflict of law rules. The United
Nations
Convention for the International Sale of Goods shall not apply. This
EULA is
the entire agreement between us and supersedes any other
communications or
advertising with respect to the Software Product; this EULA
may be modified
only by written agreement signed by authorized
representatives of you and
BIC Marketing Development.
11. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact
BIC
Marketing Development for any
reason, please direct all correspondence to:
BIC Marketing Development
74 Ames St.
Massena, New York 13662
or email: info@bicdevelopment.com
PHP Realtor is a product of BIC Marketing Development.