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| 1 | +LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER, PROVIDED TO ENABLE THE USE |
| 2 | +OF IONCUBE ENCODED FILES AND AS PART OF THE IONCUBE24 SERVICE (ioncube24.com) |
| 3 | + |
| 4 | +YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE |
| 5 | +LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP |
| 6 | +LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU |
| 7 | +DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, DO NOT INSTALL, COPY |
| 8 | +AND/OR USE THE LOADER SOFTWARE. |
| 9 | + |
| 10 | +DEFINITIONS |
| 11 | + |
| 12 | +The following definitions shall apply in this document: |
| 13 | + |
| 14 | +LOADER shall mean the ionCube PHP Loader software package or collection |
| 15 | +of Loaders, including any modifications or upgrades to the software, used for |
| 16 | +executing PHP scripts previously encoded with the ionCube PHP Encoder |
| 17 | +software to render them non-humanly readable, and any associated |
| 18 | +documentation or electronic or online materials relating to the software. |
| 19 | + |
| 20 | +ENCODER shall mean any ionCube PHP Encoder software or service used for the |
| 21 | +purpose of producing non-humanly readable encoded files from PHP scripts. |
| 22 | + |
| 23 | +ENCODED FILE shall mean a non-humanly readable file produced by the |
| 24 | +Encoder and being derived from humanly readable PHP script source. |
| 25 | + |
| 26 | +PROVIDER shall mean ionCube Ltd. |
| 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 without charge. Title to the Loader does not pass |
| 35 | +to the user in any circumstances. The Loader is supplied as 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. |
| 123 | + |
| 124 | +6.2 Support comprises of fault reporting via tickets and fault diagnosis, |
| 125 | +recommendations on workarounds, 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 | +6.6 The provider reserves the right to charge for support where the user does |
| 141 | +not have a valid support plan in place, or where the support offered exceeds |
| 142 | +the scope of the active support plan. |
| 143 | + |
| 144 | + |
| 145 | +7 PRODUCT UPGRADES |
| 146 | + |
| 147 | +7.1 The provider may from time to time release product upgrades. These will |
| 148 | +be provided free of charge and attempts made to provide a timely notification |
| 149 | +to customers of the existence of any new release. |
| 150 | + |
| 151 | + |
| 152 | +8 ERRORS AND OMISSIONS |
| 153 | + |
| 154 | +Whilst reasonable endeavours are made to ensure the accuracy of documentation |
| 155 | +concerning the details of the Loader, the user accepts the possibility of |
| 156 | +inaccuracies in information presented in any format, including email |
| 157 | +communications and online services. The provider shall under no circumstances |
| 158 | +be liable for any events that arise as a result of unintentional inaccuracies |
| 159 | +or omissions. |
| 160 | + |
| 161 | + |
| 162 | +9 USER INDEMNITY |
| 163 | + |
| 164 | +You agree to fully indemnify, defend and hold the provider harmless |
| 165 | +immediately upon demand from and against all actions, liability, claims, |
| 166 | +losses, damages, costs and expenses (including legal/attorney fees) incurred |
| 167 | +by the provider arising directly or indirectly as a result of your breach of |
| 168 | +this Licence Agreement. |
| 169 | + |
| 170 | + |
| 171 | +10 INTELLECTUAL PROPERTY RIGHTS |
| 172 | + |
| 173 | +10.1 The user acknowledges that the Loader and associated documentation and |
| 174 | +materials contain proprietary information of the provider and are and shall |
| 175 | +remain the exclusive property of the provider and/or its licensors and all |
| 176 | +title, copyright, trade marks, trade names, patents and other intellectual |
| 177 | +property rights therein of whatever nature shall remain the sole property of |
| 178 | +the provider and/or its licensors. |
| 179 | + |
| 180 | +10.2 No title to or rights of ownership, copyright or other intellectual |
| 181 | +property in the Loader is transferred to the user (other than the licence |
| 182 | +rights expressly granted in this Licence Agreement). |
| 183 | + |
| 184 | + |
| 185 | +11 TERMINATION |
| 186 | + |
| 187 | +11.1 The provider reserves the right to terminate this Licence Agreement |
| 188 | +immediately by notice in writing against the user if the user is in breach of |
| 189 | +any terms and conditions of this Licence Agreement. |
| 190 | + |
| 191 | +11.2 Termination of this Licence Agreement for any reason shall be without |
| 192 | +prejudice to any other rights or remedies of the provider which may have |
| 193 | +arisen on or before the date of termination under this Licence Agreement or in |
| 194 | +law. |
| 195 | + |
| 196 | +11.3 The provisions of the following clauses shall survive any termination of |
| 197 | +this agreement; clause 3, 5, 10 and 13. |
| 198 | + |
| 199 | + |
| 200 | +12 GENERAL |
| 201 | + |
| 202 | +12.1 The provider reserves the right to transfer or assign all or any of its |
| 203 | +rights and duties and responsibilities set out in this Licence Agreement to |
| 204 | +another party. |
| 205 | + |
| 206 | +12.2 Headings have been included for convenience only and will not be used in |
| 207 | +construing any provision of this Licence Agreement. |
| 208 | + |
| 209 | +12.3 No delay or failure by the provider to exercise any powers, rights or |
| 210 | +remedies under this Licence Agreement will operate as a waiver of them nor |
| 211 | +will any single or partial exercise of any such powers, rights or remedies |
| 212 | +include any other or further exercise of them. |
| 213 | + |
| 214 | +12.4 If any part of this Licence Agreement is found by a court of competent |
| 215 | +jurisdiction or other competent authority to be invalid, unlawful or |
| 216 | +unenforceable then such part shall be severed from the remainder of this |
| 217 | +Licence Agreement which will continue to be valid and enforceable to the |
| 218 | +fullest extent permitted by applicable law. |
| 219 | + |
| 220 | +12.5 This Licence Agreement including the documents or other sources referred |
| 221 | +to herein supersede all prior representations, understandings and agreements |
| 222 | +between the user and the provider relating to the Loader and sets forth the |
| 223 | +entire agreement and understanding between the user and the provider relating |
| 224 | +to the Loader. |
| 225 | + |
| 226 | +12.6 Nothing in this Licence Agreement shall be deemed to constitute a |
| 227 | +partnership between you and the provider nor constitute either party being an |
| 228 | +agent of the other party. |
| 229 | + |
| 230 | +12.7 This Agreement does not create any rights or benefits enforceable by any |
| 231 | +person not a party to it (within the meaning of the U.K.Contracts (Rights of |
| 232 | +Third Parties) Act 1999) except that a person who under clause 12.1 is a |
| 233 | +permitted successor or assignee of the rights or benefits of the provider may |
| 234 | +enforce such rights or benefits. |
| 235 | + |
| 236 | + |
| 237 | +13 GOVERNING LAW AND JURISDICTION |
| 238 | + |
| 239 | +This License Agreement and any issues relating thereto shall be construed and |
| 240 | +interpreted in accordance with the laws of England and subject to the |
| 241 | +exclusive jurisdiction of the English courts. |
| 242 | + |
| 243 | +Copyright (c) 2002-2017 ionCube Ltd. Last revised 23-April-2015 |
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