PHPMember 1.2


EULA - End User License Agreement



PhpMember EULA (End User License Agreement)

1. GENERAL.

Notice to user:

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and PhpMember.com. which covers your use of membership software and addons 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" Throughout this EULA, PHPMember refers to PhpMember, LLC. which is a incorporated company in the United States of America in the state of Texas. A software license, issued to a designated user only by PHPMember or its authorized agents, is required for each user of the Software. If you do not agree to the terms of this EULA, then do not install or use the Software or the Software License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software and/or Software License, you are acknowledging and agreeing to be bound by the following terms.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PHPMEMBER TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

This license is for one (1) Installation on one (1) Computer/Server/IP. Each license of the software may additionally have limits imposed on the features and/or its use. These will be presented to you during your purchase software and/or in other documentation and forms part of this EULA/contract/agreement.

If you have purchased a license of PHPMember software or addons in conjunction with any other product(s) or addons then you will also be bound by any and all licenses, restrictions, agreements, EULA's, and/or contracts for the other product(s) or modules.
2. GRANT OF NON-EXCLUSIVE LICENSE.

(a) Software License. The Software License, which is issued to a designated user, enables such designated user to use a single instance of the Software on a single computer system. Each user on a multi-user computer system who uses the Software requires an additional Software License. You may not modify or create derivative copies of the Software License.

(b) Grant of License. Subject to a validly issued Software License, PHPMember grants to you the non-exclusive, non-transferable right for you to use the Software on a single computer running a validly licensed copy of the operating system for which the Software was designed. You may not modify or create derivative copies of the Software. All rights not expressly granted to you are retained by PHPMember.

(c) Backup Copy: Software. You may make copies of Software 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.

(d) Backup Copy: Software License. You may install each Software License on a single computer system and make copies of the Software License as necessary only 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 License.
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY PHPMEMBER.

The Software 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. This Software copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of PHPMember. PHPMember reserves all intellectual property rights, including copyrights and trademark rights.
4. NO RIGHT TO TRANSFER.

You may not rent, lease, lend, sub-lease, or in any way distribute or transfer any rights in this EULA or the Software to third parties without written approval from PHPMember and subject to written agreement by the recipient of the terms of this EULA.
5. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software or Software License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. SUPPORT SERVICES.

PHPMember may provide you with support services related to the Software. Use of any such support services is governed by the PHPMember and/or m3 polices and programs described in "online" documentation and/or other materials provided by PHPMember. Use of any such support services and/or any supplemental software code or related materials that PHPMember provides to you as part of the support services is to be considered part of the Software and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to PHPMember as part of the support services, we may use such information for our business purposes without restriction, including for product support, marketing, development and/or any other purpose as deemed reasonable by PHPMember. PHPMember will not use such technical information in a form that personally identifies you.

PHPMember reserves the right to charge you for any and all support requests that PHPMember and/or its authorized agents deem to be excessive or a misuse of the support services provided to you under this EULA. PHPMember and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.

Abuse and/or threatening behaviour towards any PHPMember employees and/or authorized agents during the course of any support services provided to you by PHPMember will not be tolerated and PHPMember reserves the right to terminate this EULA under clause eleven (11) below.
7. FURTHER RESTRICTIONS IMPOSED BY THIS EULA.

By accepting the conditions of this EULA as defined in clause one (1) above, you agree and understand that:

a) You may not offer or sell a hosting solution that includes a m3 software license and/or provide hosting with the sole intent that users would use it to host a m3 software installation without explicit written approval from PHPMember. Your right to sell hosting where users install or use a m3 installation in due course is not affected.

b) You may not offer or sell a hosting solution with the sole intent that users would use it to host a WeightShift server without explicit written approval from PHPMember. Your right to sell hosting where users install or use a WeightShift server in due course is not affected.

c) You may not market any hosting solution as including or being suitable for m3 and/or any m3 component(s) including order profile(s) and/or WeightShift servers without explicit written permission from PHPMember.
8. NO WARRANTIES.

YOU ACCEPT THE SOFTWARE AND SOFTWARE LICENSE "AS IS", AND PHPMember (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, PHPMember (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 REMAINS WITH YOU.
9. GOVERNING LAW; ENTIRE AGREEMENT.

This EULA is governed by the laws of the State of Texas 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.
10. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.

PHPMember may terminate this EULA if you fail to comply with any clause, 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. In the event this EULA is terminated under this clause eleven, PHPMember is under no obligation to refund you in whole or in part any fees paid to PHPMember previously or in the future.

No discussion will be entertained by PHPMember and/or its authorized agents in the event this EULA is terminated under this clause eleven (11).
11. UPDATES TO THIS EULA.

PHPMember reserves the right to update and modify this EULA at any time and such changes will take affect fifteen (15) calendar days from the date they are published. Notification of changes and updates will be posted in the PHPMember forums, located at: http://www.PHPMember.com/forums/. It is the users responsibilty to check the PHPMember forums for any EULA updates on a regular basis. In the event you disagree with the updated EULA, you must notify PHPMember within fifteen (15) days, and this EULA will be terminated as detailed in clause eleven (11) above. If you do not notify PHPMember within fifteen (15) days after the notification of an updated EULA is posted, you are acknowledging and agreeing to be bound by the updated version of this EULA.

This publication of EULA is correct at time of writing (1 November 2009).
12. CONTACT INFORMATION.

If you have any questions about this EULA, or if you want to contact PhpMember. for any reason, please direct all correspondence to:

email: support@phpmember.com



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Updated At: 2024-03-19
Publisher: PHPMember
Operating System: linux, mac, other, unix, windows
License Type: Free