newsphp.com

NEWSPHP LICENSE TERMS

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE NEWSPHP ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE

The license terms also apply to any Newsphp
· updates,
· supplements,
· support services
for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software.

Newsphp and its suppliers own all intellectual property in the Software. Newsphp permits you to use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement.

As described below, using the software also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services. If you comply with these license terms, you have the rights below for each license you acquire.

OVERVIEW.
1. Software. The software includes web-publishing software, supplements and updates.
2. License Model. The software is licensed on a per copy per web-domain basis.
INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must
assign that license to one registered, fully-qualified web-domain. That web-domain is the “licensed website.”
1. Licensed Website. You may install one copy of the software on the licensed website.
  You may not use the software on any other website, web domain, sub-domain, or install
  more than one copy of the software per license.
2. Number of Users. Any number of users may use the software at a time.
MANDATORY ACTIVATION.
Activation associates the use of the software with a specific website. During activation, the software
may collect and send information about the software and the website to Newsphp.
VALIDATION.
1. The software will from time to time validate the software, update or require download of the
  validation feature of the software. Validation verifies that the software has been activated and
  is properly licensed. Validation also permits you to use certain features of the software or to
  obtain additional benefits.
2. During a validation check, the software will send information about the software and the website
  to Newsphp. By using the software, you consent to the transmission of this information.
3. If, after a validation check, the software is found not to be properly licensed, the functionality of
  the software may be affected.
4. You may only obtain updates or upgrades for the software from Newsphp or authorized resellers.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some
rights to use the software. Newsphp reserves all other rights. Unless applicable law gives you
more rights despite this limitation, you may use the software only as expressly permitted in this
agreement. In doing so, you must comply with any technical limitations in the software that only
allow you to use it in certain ways. You may not
1. work around any technical limitations in the software;
2. reverse engineer, decompile or disassemble the software;
3. use components of the software to run applications not running on the software;
4. make more copies of the software than specified in this agreement;
5. publish the software for others to copy;
6. rent, lease or lend the software; or
BACKUP COPY. You may not make a backup copy of the software. If you need to obtain the
software after initial purchase, you must contact Newsphp.
DOCUMENTATION. You may use documentation for internal, reference purposes only.
NOT FOR RESALE SOFTWARE. You may not sell software.
UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible
for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software
you upgraded from. After you upgrade, you may no longer use the software you upgraded from.
REASSIGN TO ANOTHER WEBSITE.
You must contact Newsphp to request reassignment. The old website will be invalidated and the
new one will have to go through validation.
TRANSFER TO A THIRD PARTY.
Software can not be transfered to a third party.
EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
SUPPORT SERVICES. Newsphp provides limited support services for the software. If you are
using software that is not properly licensed, you will not be entitled to receive any support services.
ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms and the
terms for supplements, updates, Internet-based services and support services that you use, are the
entire agreement for the software and support services.
APPLICABLE LAW.
1. United States. If you acquired the software in the United States, Delaware state law
  governs the interpretation of this agreement and applies to claims for breach of it, regardless of
  conflict of laws principles. The laws of the state where you live govern all other claims,
  including claims under state consumer protection laws, unfair competition laws, and in tort.
2. Outside the United States. If you acquired the software in any other country, the laws of
  that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under
the laws of your state or country. You may also have rights with respect to the party from whom
you acquired the software. This agreement does not change your rights under the laws of your
state or country if the laws of your state or country do not permit it to do so.
LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Newsphp and its
suppliers only direct damages up to the amount you paid for the software. You cannot
recover any other damages, including consequential, lost profits, special, indirect or
incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites,
or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if
· repair, replacement or a refund for the software does not fully compensate you for any losses; or
· Newsphp knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. They also may not apply to you because your
country may not allow the exclusion or limitation of incidental, consequential or other damages.

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NO WARRANTY

THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER OR RESELLER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.