PHPProLance Version 3

PHPProLance Software License Agreement

Please read this End-User License Agreement (the "EULA")

IMPORTANT --- READ CAREFULLY. By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not install or use the Software.


License Terms


No licenses sold include ownership of the original works, or part thereof, in any form.

1. The Software is supplied by PHPProLance and is licensed, not sold, under the terms of this EULA and PHPProLance reserves all rights not expressly granted to you. PHPProLance retains the ownership of the Software.

2. Software License:

a. PHPProLance grants you a license to use one copy of the Software. You may not modify, attempt to block or disable any licensing or control features of the Software.

b. This Software is licensed to operate on only one domain, on a single IP address, installed in a single directory at any one time. This information is recorded and used by our licensing system.

c. Only one company may use the Software for its intended purpose on the domain. This company may not sell the products or services of other companies in the capacity of an on-line mall or buyer service. If more than one company wishes to use the Software they must purchase a separate license.

3. License Restrictions:

a. By accepting this EULA you are agreeing not to reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.

c. Modifying any portion of the Software source code or asking any individual or entity to modify the Software source code other than PHPProLance is a violation of copyright laws and international treaties and cause for license termination.

d. If you upgrade the Software to a higher version of the Software, this EULA is terminated and your rights shall be limited to the EULA associated with the higher version.

4. Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by PHPProLance. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this EULA.

5. Termination Rights: Without prejudice to any other rights, PHPProLance may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and PHPProLance may suspend or deactivate your use of the Software with or without notice.

6. Export Control: You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.

7. PHPProLance does not warrant that the operation of PHPProLance Software will be uninterrupted or error free. PHPProLance Software may contain third-party functions or may have been subject to incidental use.

8. PHPProLance is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by PHPProLance; unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.

The user must assume the entire risk of using the Software. IN NO EVENT WILL PHPProLance OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A PHPProLance REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

9. Submissions: Should you decide to transmit to PHPProLance by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant PHPProLance and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.

10. Distribution and Backups

a. DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED and is a violation of England and Wales copyright laws and international treaties punishable by severe criminal and civil penalties.

b. You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.

11. Refunds Policy: Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that PHPProLance has a fault causing it to not run on your server. Installation charges are not refundable under any circumstances.

Refunds are not available after 1 month from purchase date.


Branding Removal Agreement


Upon payment of the advertised fee the removal of "Copyright (c) 2006-20xx PHPProLance Software, Powered by PHPProLance Version 3.x.x" at the foot of each page and title of each page of the software is permitted. The removal fee relates to no other "PHPProLance Software", "PHPProLance" or "G.Williams" identifier's including its copyright notices wherever located.

The branding removal does not include the removal of any of our Partner(s) or 3rd party product(s) copyright notices included with our software.

Be advised you are not permitted to rebrand the software and or to illude the software is created by another company or person. e.g Powered by something else.


Free Updates/Support and Service Access


Support is provided free to all clients. Support via the community forums can have a response time of up to 48-72 hours.
Ticket Support response time is usually between 24-48 hours and is offered free until further notice.

Free updates are provided to valid active clients. Free updates are available for the same version you purchased unless stated otherwise.


Multi-Domain Unencoded License


A Multi-Domain Unencoded License can be obtained at any time whilst a client or customer of phpprolance has an active owned license.

The Multi-Domain Unencoded License allows any number of copies of the software to be operated by the company or individual who has purchased the right to use it.

Service Access, updates and support is included for the lifetime of the software.

Section 1, Section 3. License Restrictions, Sections 4 Proprietary Rights, 5 Termination Rights, 6 Export Control, 7, 8, 9 Submissions, 10 Distribution and Backups still apply.

The client or customer will be provided with the non-encoded files once their account has been approved for this type of license.

A branding free license is required and can be added additionally on to the pricing if a client or customer do not hold a branding free license.


Disclaimer of Warranty


The software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other warrantied whether expressed or implied.

PHPProLance cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.

You must assume the entire risk of using the Software. ANY LIABILITY OF PHPProLance WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

In no event will PHPProLance be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if PHPProLance has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.

Terms in this Agreement excluding or limiting liability in relation to breach of the terms implied by the "Supply of Goods (Implied Terms) Act 1973 or the Sale of Goods Act 1979 do not apply when this Agreement is made with a consumer.

This license gives you specific legal rights and you may have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void of unenforceable, such part shall be deemed to be deleted from this agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.