End user agreement for OutSite-In - Standard Edition
OutSite-In Standard and Professionnal editions - License Statement
Copyright (C) 2005-2008 MEDIA Variations
All Rights Reserved
Software: OutSite-In Standard and Professional editions
License Last revised 10-Jan-2008
MEDIA VARIATIONS LICENSE STATEMENT
AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either as
an individual or a single entity) and MEDIA Variations for the
software product ("Software") identified above, including
any software, media, and accompanying on-line or printed
THIS LICENSE APPLIES EVERYWHERE IN THE WORLD EXCEPT IN SOUTH-KOREA.
SPECIAL AGREEMENTS APPLY FOR SOUTH-KOREA, CONTACT US FOR MORE PIECES
OF INFORMATION (firstname.lastname@example.org).
BY INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the
License Agreement, MEDIA Variations grants you the right to use the
Software in the manner provided below. If you do not agree
to be bound by any or all of the terms of this Agreement,
MEDIA Variations is unwilling to grant you any rights to use the
Software and you must not use the Software; instead you
must promptly remove the Software from your computer.
This Software is and shall remain a proprietary product
owned by MEDIA Variations and is protected by copyright law and
international copyright treaty. Therefore, you must treat
this Software like any other copyrighted material (e.g., a
book), except that you may either make one copy of the
Software solely for backup or archival purposes or transfer
the Software to a single hard disk provided you keep the
original solely for backup or archival purposes. MEDIA Variations
shall retain ownership of all patents, copyrights,
trademarks, trade names, trade secrets and other
proprietary rights relating to or residing in the Software.
Except for the license grant provided, you shall have no
right, title or interest in or to the Software. The
Software is licensed, not sold, to you for use only under
the terms of this Agreement.
If you have received an upgrade version of the Software, it
constitutes a single product with the MEDIA Variations software
that you upgraded. You may use or transfer the upgrade
version of the Software only in accordance with the License
You may use the Software for evaluation purposes for a
period not exceeding 30 days. If you wish to continue
using the Software after this period you must purchase
You must not transfer this software to another person or organization
You may freely move the Software from one computer to another,
provided that you uninstall it from the previous computer.
You agree not to
modify the Software or attempt to reverse engineer,
decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
MEDIA Variations grants to you as an individual, a personal,
nonexclusive license to install and use the Software for the
sole purpose of creating outersites (i.e. off-line sites) from your websites or intranets.
The Software is not "for hire", and providing any form of “pure” outersite creation service to a third party - separated from any other web related work for this third party - is
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MEDIA VARIATIONS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE/TERRITORY TO
THE OUTERSITE (I.E. THE OFF-LINE SITE GENERATED WITH OUTSITE-IN) IS COPYRIGHTED TO THE OUTSITE-IN LICENSE OWNER. MEDIA VARIATIONS DECLINE ANY RESPONSIBILITY ON THE OUTERSITES.
IF YOU WORK AS AN AGENCY:
- IF THE OUTERSITE CREATED FOR YOUR CLIENT IS FOR YOUR CLIENT PRIVATE USE (NO DUPLICATION OF THE OUTERSITE) YOU CAN CREATE IT WITH YOUR OWN LICENSE OF OUTSITE-IN.
- FOR ANY OTHER USE (E.G. CD DISTRIBUTION) THE OUTERSITE MUST BE GENERATED WITH AN OUTSITE-IN COPY LICENSED TO YOUR CLIENT. THE OUTERSITE IS THEN COPYRIGHTED TO YOUR CLIENT.
LIMITATION ON OUTERSITES
THE LICENSE OF OUTSITE-IN LIMITS THE USE OF OUTERSITES AS FOLLOWS.
WHEN DISTRIBUTED AS A SETUP OR CD/DVD/USB-DRIVE OUTERSITES MUST BE DISTRIBUTED ALONE, I.E. WITH ONLY THE FILES GENERATED BY OUTSITE-IN AND NO EXTRA FILES.
IF YOU WANT TO DISTRIBUTE AN OUTERSITE TOGETHER WITH OTHER FILES, THIS LICENSE AGREEMENT DOESN'T APPLY ANYMORE. ANOTHER AGREEMENT MUST BE CONTRACTED WITH MEDIA VARIATIONS (email@example.com).
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL MEDIA VARIATIONS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT OR AN OUTERSITE CREATED WITH THE
SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF MEDIA VARIATIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, MEDIA VARIATIONS' ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE PRODUCT ; PROVIDED, HOWEVER, IF
YOU HAVE ENTERED INTO A MEDIA VARIATIONS SUPPORT SERVICES
AGREEMENT, MEDIA VARIATIONS' ENTIRE LIABILITY REGARDING
SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT. BECAUSE SOME STATES AND TERRITORIES
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-
safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or
weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). MEDIA Variations
specifically disclaim any express or implied warranty of
fitness for High Risk Activities.
You may terminate this Agreement at any time. This Agreement
shall terminate automatically upon your breach of any term
of this Agreement. Upon termination, you shall destroy the
Software and the backup copy, if any, you made pursuant to
the Agreement. All other sections of this license shall
survive any termination of this Agreement.
This License Agreement may only be modified in writing
signed by you and an authorized officer of MEDIA Variations. All
terms of any purchase order or other ordering document shall
be superseded by this License Agreement. If any provision
of the License Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed
for its essential purpose, all limitations of liability and
exclusions of damages set forth in this License Agreement
shall remain in effect.
This License Agreement shall be construed, interpreted and
governed by the French law.
Paris commerce court will be designed in case of any disagreement.
This License Agreement gives you specific legal rights; you
may have others which vary from state to state and from
country to country. MEDIA Variations reserves all rights not
specifically granted in this License Agreement.
This license does not include any obligation of support from MEDIA Variations. The user will find information on this software on the web site www.outsite-in.com
- The licence agreement for the ioncube php loader and use of ioncube encoded files
- The PHP License [<http://www.php.net/>]
- The Apache Software License [<http://httpd.apache.org/>]
- MySQL Licenses [<http://www.mysql.com/>]
- The Inno Setup License [http://www.jrsoftware.org/]
- PhpMyAdmin License [<http://www.phpmyadmin.net/>]
- GNU GENERAL PUBLIC LICENSE [<http://www.gnu.org/licenses/>]
LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER AND USE OF IONCUBE ENCODED FILES
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU
DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, THEN DO NOT INSTALL, COPY
AND/OR USE THE LOADER SOFTWARE.
The following definitions shall apply in this document:
LOADER shall mean the ionCube PHP Loader software package or collection
of Loaders, including any modifications or upgrades to the software, used for
executing PHP scripts previously encoded with the ionCube PHP Encoder
software to render them non-humanly readable, and any associated
documentation or electronic or online materials relating to the software.
ENCODER shall mean any ionCube PHP Encoder software or service used for the
purpose of producing non-humanly readable encoded files from PHP scripts.
ENCODED FILE shall mean a non-humanly readable file produced by the
Encoder and being derived from humanly readable PHP script source.
PROVIDER shall mean ionCube Ltd. of 2A Exbury Road, Catford, London,
SE6 4ND, UK.
USER/YOU shall mean any entity who has downloaded or obtained through any
other means a version of the Loader software.
1 LICENSE ENTITLEMENT
1.1 The Loader is provided free. Title to the Loader does not pass to
the user in any circumstances. The Loader is supplied in object code.
1.2 The provider grants a personal, non-transferable, non-exclusive licence to
use the Loader in accordance with the terms and conditions of this Licence
1.3 The installation or downloading and use of the Loader entitles the user
to install and use the Loader for its own internal lawful purposes.
2.1 The Loader may be freely distributed to third parties alone or as
part of a distribution containing other items provided that this license
is also included.
2.2 The Loader may under no circumstances be branded as another product,
whether distributed or not.
2.3 Distribution as part of a commercial product is permitted provided such
distribution is in accordance with clauses 2.1 and 2.2 with respect to the
3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
Except insofar as the user is permitted to do so in accordance with applicable
3.1 Any analysis of the Loader and embedded data 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
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 for the purposes of modifying behaviour or scope of their usage is
THE LOADER SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE LOADER IS UNINTERRUPTED
OR ERROR FREE, NOR THAT THE OPERATION OF THE LOADER WILL FUNCTION IN
CONJUNCTION WITH ANY OTHER PRODUCT.
5 LIMITATION OF LIABILITY
5.1 IN NO EVENT WILL THE PROVIDER OF THE LOADER 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 LOADER OR ENCODED FILES, EVEN IF THE PROVIDER IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 THE LOADER 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 LOADER TO THE FULLEST EXTENT PERMITTED BY
5.3 DOWNLOADING THE LOADER 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 LOADER. WHILST THE
PROVIDER WILL DO ITS BEST TO ENSURE THAT THE LOADER 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 LOADER PRODUCT.
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
6 BUG FIXING AND PRODUCT SUPPORT
6.1 The provider will use reasonable endeavours to provide support to users.
The provider will at their discretion only provide support for the latest
release and for up to two prior versions of the Loader.
6.2 Support comprises of fault reporting via e-mail and fault diagnosis,
recommendations on workaround, and where reasonably possible a timely
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.
7 PRODUCT UPGRADES
7.1 The provider may from time to time release product upgrades. These will
be provided free of charge and attempts made to provide a timely notification
to customers of the existence of any new release.
8 ERRORS AND OMISSIONS
Whilst reasonable endeavours are made to ensure the accuracy of documentation
concerning the details of the Loader, the user accepts the possibility of
inaccuracies in information presented in any format, including email
communications and online services. The provider shall under no circumstances
be liable for any events that arise as a result of unintentional inaccuracies
9 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.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The user acknowledges that the Loader 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.
10.2 No title to or rights of ownership, copyright or other intellectual
property in the Loader is transferred to the user (other than the licence
rights expressly granted in this Licence Agreement).
11.1 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.
11.2 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
11.3 The provisions of the following clauses shall survive any termination of
this agreement; clause 3, 5, 10 and 13.
12.1 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
12.2 Headings have been included for convenience only and will not be used in
construing any provision of this Licence Agreement.
12.3 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.
12.4 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.
12.5 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 Loader and sets forth the
entire agreement and understanding between the user and the provider relating
to the Loader.
12.6 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.
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