End User License Agreement for PhpExpress
Copyright (c) 2002-2012 NuSphere Corporation
YOU MAY NOT INSTALL, USE, COPY, OR DISTRIBUTE THIS
SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE
AGREEMENT. BY INSTALLING, USING, COPYING OR DISTRIBUTING
THE SOFTWARE (OR AUTHORIZING ANY OTHER PERSON TO DO SO
FOR YOU) YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO
NOT AGREE TO THIS LICENSE AGREEMENT, YOU MUST NOT
INSTALL, USE, COPY OR DISTRIBUTE THE SOFTWARE, AND YOU
WILL NOT HAVE A LICENSE. IF YOU USE, COPY, MODIFY OR
DISTRIBUTE THE SOFTWARE WITHOUT A LICENSE, YOU WILL
INFRINGE THE INTELLECTUAL PROPERTY OF NUSPHERE
The "Licensee" is the person or entity licensed under
and bound by this Agreement.
Grant of License
Subject to the terms and conditions of this Agreement,
NuSphere Corporation grants to Licensee, free of charge,
a nonexclusive, nontransferable license under the
NuSphere Corporation Intellectual Property to use, copy,
modify, publish, and distribute the computer programs
known as PhpExpress, including the documentation (if
any) provided, (collectively hereinafter "PhpExpress
Software"). Rights not expressly granted in this
Agreement are reserved by NuSphere Corporation. This
License Agreement does not entitle Licensee to any
future version or release of PhpExpress Software from
NuSphere Corporation unless and to the extent only that
NuSphere Corporation elects to make any future version
or release available to Licensee.
Terms and Conditions
Licensee acknowledges that the copyrights and other
intellectual property in the PhpExpress Software are
owned by NuSphere Corporation ("NuSphere Corporation").
The copyrights and other intellectual property of
NuSphere Corporation in and to the PhpExpress Software
are referred to herein as the "NuSphere Corporation
Intellectual Property." As this term is used in this
Agreement, "NuSphere Corporation Intellectual Property"
does not include any other copyrights or intellectual
property of NuSphere Corporation.
Licensee may redistribute copies of the PhpExpress
Software (only in unmodified form) to other persons or
entities subject to the following conditions:
a. Binary Redistribution. Redistributions of binary form
must reproduce the above copyright notice and this
list of Terms and Conditions in the documentation
and/or other materials provided with the
b. Endorsement. The name(s) of the original author(s) or
NuSphere Corporation may not be used to endorse or
promote products derived from this PhpExpress
Software without specific written permission.
c. Any modifications to PhpExpress Software are
forbidden as stated in Section 4 "ANALYSIS / REVERSE
ENGINEERING / MODIFICATION" of this license.
3. Support & Maintenance.
NuSphere Corporation has no obligation to provide any
maintenance, support, training, or other services.
4. ANALYSIS / REVERSE ENGINEERING / MODIFICATION
Except insofar as the user is permitted to do so in
accordance with applicable law:
i. Any analysis or modifications of PhpExpress 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
behavior is forbidden
ii. 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 behavior or
scope of their usage is forbidden.
5. Allocation of Risk.
Because there are no license fees, royalties or other
fees payable by Licensee to NuSphere Corporation for
this License, Licensees agrees that this License
Agreement reflects an allocation of risk acceptable to
Licensee. Such allocation of risk includes, without
limitation, the disclaimer of warranties, the
limitations of liability, the indemnities and other
protections of NuSphere Corporation that are set forth
in this Agreement.
6. Disclaimer Of Warranties.
NUSPHERE CORPORATION MAKES NO WARRANTY EXPRESS, IMPLIED
OR STATUTORY. THE PHPEXPRESS SOFTWARE IS PROVIDED AND
ACCEPTED "AS IS" WITHOUT WARRANTY OF ANY KIND. NUSPHERE
CORPORATION DISCLAIMS AND EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NUSPHERE CORPORATION
DOES NOT WARRANT THAT THE PHPEXPRESS SOFTWARE WILL
SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT
DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE
UNINTERRUPTED. LICENSEE IS SOLELY RESPONSIBLE FOR
DETERMINING THE SUITABILITY OF THE PHPEXPRESS SOFTWARE
AND FOR TESTING AND EVALUATING IT BEFORE ANY USE OF OR
RELIANCE ON THE PHPEXPRESS SOFTWARE. LICENSEE ASSUMES
ALL RISKS AND LIABILITIES ASSOCIATED WITH THE PHPEXPRESS
SOFTWARE, INCLUDING, WITHOUT LIMITATION, DEFECTS,
PROGRAMMING ERRORS, PRODUCT LIABILITY CLAIMS, THE
INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL
PROPERTY, AND ANY OTHER PROBLEMS RELATING TO THE
7. LIMITATION OF LIABILITY.
NUSPHERE OR ITS THIRD PARTY CONTRIBUTORS, SHALL NOT BE
LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES
WITH RESPECT TO THIS AGREEMENT. IN NO EVENT SHALL
NUSPHERE'S CUMULATIVE LIABILITY UNDER OR IN ANY WAY
RELATED TO THIS AGREEMENT, RESULTING FROM ANY CAUSE OF
ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
BY ANY OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT OF
PAYMENTS RECEIVED FROM THE USER.
8. Protection of Others.
NuSphere Corporation may extend the protections afforded
to NuSphere Corporation under this Agreement, including
without limitation, any of the disclaimers and
limitations of liability of Sections 5, 6, and 7 to any
of its employees, officers, or representatives or to any
of the developers of the PhpExpress Software, for their
9. Governing Law
This agreement is governed by the laws of the
Commonwealth of Massachusetts, excluding those
provisions governing choice of law. Exclusive venue and
jurisdiction for all matters relating to this Agreement
or the breach thereof shall be in the state or federal
courts of the Commonwealth of Massachusetts, and the
parties hereby consent to such exclusive jurisdiction
and venue. If a provision of this Agreement is found by
a court of competent jurisdiction to be unenforceable,
the remainder of the Agreement shall continue in full
force and effect.
10. Export Control Regulations
The Product and any technology licensed under this
Agreement are subject to the United States Export
Control laws and regulations. User agrees not to export
or re-export any Product without first obtaining the
necessary licenses and approvals from the appropriate
federal agency and shall comply with all relevant
regulations of the United States Department of Commerce
and with the United States Export Administration Act to
insure that the Product is not exported or re-exported
in violation of United States law.
11. U.S.Government Restricted Rights.
The Product and its documentation are provided to the
U.S. government with Commercial Rights/Restricted
Rights. This means that if the User is a government
agency, the use, duplication, or closure by that
government agency is subject to various restrictions
described in the Federal Acquisition Regulations (FARs)
at 48 CFR 52.227-14/13 (June 1987) and the Department of
Defense FAR (DFARs) 52-227-7202-1 (a) and 227-7202-3(a)
(1995), DFARs 252.227-7013(c)(1)(ii) (Oct 1988), FAR
52.227-7013/14, FAR 12.212(a)(1995), FAR 52.227-19
(June1987) or FAR 52.227-14 (ALT III) (June 1987) as
applicable. Use and distribution of the Product are also
subject to any other restriction described elsewhere in
this Agreement. The Contractor or manufacturer is
NuSphere Corporation, 6015 S. Virginia St., Ste E #154
Reno, Nevada 89502 USA.
12. Complete Agreement.
This Agreement represents the complete understanding
between the User and NuSphere and supersedes any prior
agreement, written or oral, with regard to the Product.
This Agreement shall not be assigned by the User to a
third party without the prior written permission of
NuSphere, except User may assign it rights hereunder to
any third party which acquires all or substantially all
of the User's assets.
The License shall automatically terminate if Licensee
breaches this Agreement. Upon termination of the
License, Licensee shall erase or destroy all copies of
the PhpExpress Software within the possession or control
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