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1 LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER AND USE OF IONCUBE ENCODED FILES
2
3 YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
4 LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
5 LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU
6 DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, THEN DO NOT INSTALL, COPY
7 AND/OR USE THE LOADER SOFTWARE.
8
9 DEFINITIONS
10
11 The following definitions shall apply in this document:
12
13 LOADER shall mean the ionCube PHP Loader software package or collection
14 of Loaders, including any modifications or upgrades to the software, used for
15 executing PHP scripts previously encoded with the ionCube PHP Encoder
16 software to render them non-humanly readable, and any associated
17 documentation or electronic or online materials relating to the software.
18
19 ENCODER shall mean any ionCube PHP Encoder software or service used for the
20 purpose of producing non-humanly readable encoded files from PHP scripts.
21
22 ENCODED FILE shall mean a non-humanly readable file produced by the
23 Encoder and being derived from humanly readable PHP script source.
24
25 PROVIDER shall mean ionCube Ltd. of 56 Blackheath Park, Blackheath, London,
26 SE3 9SJ, UK.
27
28 USER/YOU shall mean any entity who has downloaded or obtained through any
29 other means a version of the Loader software.
30
31
32 1 LICENSE ENTITLEMENT
33
34 1.1 The Loader is provided free. Title to the Loader does not pass to
35 the user in any circumstances. The Loader is supplied in object code.
36
37 1.2 The provider grants a personal, non-transferable, non-exclusive licence to
38 use the Loader in accordance with the terms and conditions of this Licence
39 Agreement.
40
41 1.3 The installation or downloading and use of the Loader entitles the user
42 to install and use the Loader for its own internal lawful purposes.
43
44
45 2 DISTRIBUTION
46
47 2.1 The Loader may be freely distributed to third parties alone or as
48 part of a distribution containing other items provided that this license
49 is also included.
50
51 2.2 The Loader may under no circumstances be branded as another product,
52 whether distributed or not.
53
54 2.3 Distribution as part of a commercial product is permitted provided such
55 distribution is in accordance with clauses 2.1 and 2.2 with respect to the
56 Loader.
57
58
59 3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
60
61 Except insofar as the user is permitted to do so in accordance with applicable
62 law:
63
64 3.1 Any analysis of the Loader and embedded data by any means and by
65 any entity whether human or otherwise and including but without limitation to
66 discover details of internal operation, to reverse engineer, to de-compile
67 object code, or to modify for the purposes of modifying behaviour is
68 forbidden.
69
70 3.2 Any analysis of encoded files by any means and by any entity whether human
71 or otherwise and including but without limitation to discover details of file
72 format or for the purposes of modifying behaviour or scope of their usage is
73 forbidden.
74
75
76 4 WARRANTY
77
78 THE LOADER SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
79 WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES
80 OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
81 DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE LOADER IS UNINTERRUPTED
82 OR ERROR FREE, NOR THAT THE OPERATION OF THE LOADER WILL FUNCTION IN
83 CONJUNCTION WITH ANY OTHER PRODUCT.
84
85
86 5 LIMITATION OF LIABILITY
87
88 5.1 IN NO EVENT WILL THE PROVIDER OF THE LOADER BE LIABLE TO THE USER OR ANY
89 PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER
90 CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENCE
91 AGREEMENT OR ANY USE OF THE LOADER OR ENCODED FILES, EVEN IF THE PROVIDER IS
92 EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
93
94 5.2 THE LOADER IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL
95 WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING
96 FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR
97 OTHERWISE IN CONNECTION WITH THE LOADER TO THE FULLEST EXTENT PERMITTED BY
98 LAW.
99
100 5.3 DOWNLOADING THE LOADER IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT
101 ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS
102 A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
103 OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE LOADER. WHILST THE
104 PROVIDER WILL DO ITS BEST TO ENSURE THAT THE LOADER IS FREE FROM SUCH
105 DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS
106 TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.
107
108 5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS
109 LICENCE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE
110 PROVIDER TO THE REPLACEMENT OF THE LOADER PRODUCT.
111
112 5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY
113 E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY
114 THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
115 TRANSMISSION.
116
117
118 6 BUG FIXING AND PRODUCT SUPPORT
119
120 6.1 The provider will use reasonable endeavours to provide support to users.
121 The provider will at their discretion only provide support for the latest
122 release and for up to two prior versions of the Loader.
123
124 6.2 Support comprises of fault reporting via e-mail and fault diagnosis,
125 recommendations on workaround, and where reasonably possible a timely
126 resolution.
127
128 6.3 The user accepts that on occasion the ability of the provider to meet
129 anticipated or published support schedules may be impaired due to, but without
130 limitation, Internet service provider failures or software failures that
131 affect the ability to communicate for an indeterminate period.
132
133 6.4 The provider reserves the right to refuse to provide support at any time.
134
135 6.5 The provider wishes to maintain and offer a product of the highest
136 possible quality, and accordingly may from time to time and at its discretion
137 make product changes for the purpose of correcting behaviour in variance to
138 the published specification or the user's reasonable expectations.
139
140
141 7 PRODUCT UPGRADES
142
143 7.1 The provider may from time to time release product upgrades. These will
144 be provided free of charge and attempts made to provide a timely notification
145 to customers of the existence of any new release.
146
147
148 8 ERRORS AND OMISSIONS
149
150 Whilst reasonable endeavours are made to ensure the accuracy of documentation
151 concerning the details of the Loader, the user accepts the possibility of
152 inaccuracies in information presented in any format, including email
153 communications and online services. The provider shall under no circumstances
154 be liable for any events that arise as a result of unintentional inaccuracies
155 or omissions.
156
157
158 9 USER INDEMNITY
159
160 You agree to fully indemnify, defend and hold the provider harmless
161 immediately upon demand from and against all actions, liability, claims,
162 losses, damages, costs and expenses (including legal/attorney fees) incurred
163 by the provider arising directly or indirectly as a result of your breach of
164 this Licence Agreement.
165
166
167 10 INTELLECTUAL PROPERTY RIGHTS
168
169 10.1 The user acknowledges that the Loader and associated documentation and
170 materials contain proprietary information of the provider and are and shall
171 remain the exclusive property of the provider and/or its licensors and all
172 title, copyright, trade marks, trade names, patents and other intellectual
173 property rights therein of whatever nature shall remain the sole property of
174 the provider and/or its licensors.
175
176 10.2 No title to or rights of ownership, copyright or other intellectual
177 property in the Loader is transferred to the user (other than the licence
178 rights expressly granted in this Licence Agreement).
179
180
181 11 TERMINATION
182
183 11.1 The provider reserves the right to terminate this Licence Agreement
184 immediately by notice in writing against the user if the user is in breach of
185 any terms and conditions of this Licence Agreement.
186
187 11.2 Termination of this Licence Agreement for any reason shall be without
188 prejudice to any other rights or remedies of the provider which may have
189 arisen on or before the date of termination under this Licence Agreement or in
190 law.
191
192 11.3 The provisions of the following clauses shall survive any termination of
193 this agreement; clause 3, 5, 10 and 13.
194
195
196 12 GENERAL
197
198 12.1 The provider reserves the right to transfer or assign all or any of its
199 rights and duties and responsibilities set out in this Licence Agreement to
200 another party.
201
202 12.2 Headings have been included for convenience only and will not be used in
203 construing any provision of this Licence Agreement.
204
205 12.3 No delay or failure by the provider to exercise any powers, rights or
206 remedies under this Licence Agreement will operate as a waiver of them nor
207 will any single or partial exercise of any such powers, rights or remedies
208 include any other or further exercise of them.
209
210 12.4 If any part of this Licence Agreement is found by a court of competent
211 jurisdiction or other competent authority to be invalid, unlawful or
212 unenforceable then such part shall be severed from the remainder of this
213 Licence Agreement which will continue to be valid and enforceable to the
214 fullest extent permitted by applicable law.
215
216 12.5 This Licence Agreement including the documents or other sources referred
217 to herein supersede all prior representations, understandings and agreements
218 between the user and the provider relating to the Loader and sets forth the
219 entire agreement and understanding between the user and the provider relating
220 to the Loader.
221
222 12.6 Nothing in this Licence Agreement shall be deemed to constitute a
223 partnership between you and the provider nor constitute either party being an
224 agent of the other party.
225
226 12.7 This Agreement does not create any rights or benefits enforceable by any
227 person not a party to it (within the meaning of the U.K.Contracts (Rights of
228 Third Parties) Act 1999) except that a person who under clause 12.1 is a
229 permitted successor or assignee of the rights or benefits of the provider may
230 enforce such rights or benefits.
231
232
233 13 GOVERNING LAW AND JURISDICTION
234
235 This License Agreement and any issues relating thereto shall be construed and
236 interpreted in accordance with the laws of England and subject to the
237 exclusive jurisdiction of the English courts.
238
239 Copyright (c) 2002-2003 ionCube Ltd. Last revised 23-Feb-2003

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