Please read the following license agreement carefully.
phpYellow - Lite and Pro Editions Copyright (C) 2004 Global I.S. S.A. All rights reserved. IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. 1. SITE OWNER LICENSE AGREEMENT Global I.S. S.A. ("DEVELOPER") agrees to provide the site owner ("SITE OWNER") with a copy of this software product ("SOFTWARE"), and grants the SITE OWNER a limited license to use the SOFTWARE. ("LICENSE") This LICENSE defines what the SITE OWNER may do with the SOFTWARE, and what the DEVELOPER may do, and contains limitations on warranties, liabilities and remedies. This LICENSE may be revoked by the DEVELOPER at any time without notice if the SITE OWNER fails to comply with the terms of this LICENSE or commits fraud, software theft or other activities which may infringe the rights of the DEVELOPER. 2. ALL RIGHTS REMAIN WITH DEVELOPER The copyright and all other rights in the SOFTWARE shall remain with the DEVELOPER. 3. LICENSE OF UNREGISTERED SOFTWARE An unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE") may be used by the SITE OWNER for evaluation purposes. The UNREGISTERED SOFTWARE may not be copied nor distributed to other site owners for their evaluation. The UNREGISTERED SOFTWARE may be used on a commercial website for evaluation purposes. 3. PROCESSING DATA The UNREGISTERED SOFTWARE must process data as programmed in the SOFTWARE, including DEVELOPER advertising, promotion and news, if any. 4. REGISTRATION OF SOFTWARE When purchasing the SOFTWARE the SITE OWNER must disclose the Internet Protocol address or domain (I.P.) to be used with the SOFTWARE, and to update the I.P. if and when changed, by logging into their account on the DEVELOPER website and assigning a domain to a license purchase. 5. TRANSFERABILITY OF LICENSE The SITE OWNER may transfer the I.P. only if the online registration is also updated, and the number of I.P.'s does not exceed the number of licenses purchased. 6. LICENSE OF REGISTERED SOFTWARE A registered copy of the SOFTWARE ("REGISTERED SOFTWARE") allows the SITE OWNER to use the SOFTWARE only on a single Internet Protocol address (I.P.). If the SITE OWNER wishes to use the SOFTWARE for more than one I.P., the SITE OWNER will need to purchase a separate license for each I.P. In the event that more than one website is using the SOFTWARE on a single IP, the DEVELOPER shall make a determination about the dataset/s used. If only one dataset is used by multiple websites on a single IP then no further license purchase is required. If more than one dataset is used by multiple websites on a single IP then each unique dataset requires a license purchase. Discounts on multiple licenses may be purchased by contacting the DEVELOPER. 7. REPRODUCING COPIES The SITE OWNER is allowed to make one copy of the SOFTWARE for production use, one copy of the SOFTWARE for offline development and tests, and one copy of the SOFTWARE for offline back-up purposes. 8. DISTRIBUTION OF SOFTWARE The SOFTWARE may not be distributed to other site owners. Distribution is prohibited. 9. INTERNET SERVICE PROVIDER (ISP) EXEMPTION Internet service providers (ISP's) who provide hosting to SITE OWNERS are exempt from the no distribution term. ISP's are granted the right to distribute phpYellow Lite (free) Edition to their customers, provided the ISP periodically updates the distributed software to the most recent Lite edition. 10. REQUIREMENT FOR RETURN LINK AND CREDIT A return link is required for both Lite and Pro Editions. The return link must be located at the bottom of every page as set in the distribution files. If the link is modified it must include a link to the DEVELOPER and the software title name. The required return link may be waived in exchange for a nominal fee, inquire for details. 11. MODIFICATIONS Modifications or additions (MODS) to the SOFTWARE are encouraged. SITE OWNERS making MODS are requested to voluntarily make these MODS available to the DEVELOPER free of charge and without limitations to reuse and integration into the distribution SOFTWARE. The DEVELOPER may from time to time incorporate such MODS into the SOFTWARE to enrich the SOFTWARE feature set. 12. SUBMISSION OF CONTENT Submission of Content from your Web Site. By providing any Content to the DEVELOPER (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth herein; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice. 13. OTHER RESTRICTIONS The SITE OWNER may not rent, lease, sublicense, translate, disassemble, reverse engineer, or de-compile the SOFTWARE, or modify or merge the SOFTWARE with any part of the software in another program. 14. TERM OF LICENSE This LICENSE shall continue for as long as the SITE OWNER uses the SOFTWARE. However, this LICENSE will terminate if the SITE OWNER fails to comply with any of its terms or conditions. The SITE OWNER agrees, upon termination, to destroy all copies of the REGISTERED and/or UNREGISTERED SOFTWARE. The limitations of warranties and liability set forth in this LICENSE shall continue in force even after termination. 15. ACCEPTANCE OF THIS LICENSE AGREEMENT By downloading and/or installing and or using this SOFTWARE, the SITE OWNER agrees to the terms of this LICENSE. 16. DISCLAIMER OF WARRANTY AND LIABILITY This SOFTWARE is provided "as is" without representations or warranties of any kind, whether expressed or implied. The SITE OWNER must assume the entire risk of using the SOFTWARE, and the DEVELOPER shall have no liability to the SITE OWNER or any other third-party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by the DEVELOPER. THE DEVELOPER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. ANY LIABILITY OF THE DEVELOPER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF ORIGINAL PURCHASE PRICE. 17. INVALID PROVISIONS If any provision of this LICENSE shall be declared invalid or unenforceable, the remaining provisions of this LICENSE shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this LICENSE which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable. 18. ENTIRE AGREEMENT This LICENSE is the entire agreement between the DEVELOPER and the SITE OWNER, and supersedes any other agreement, oral or written, and may not be changed except by a written signed agreement.