PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY PURCHASING THE PRODUCT YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE THE PRODUCT.
Important: CafeEngine Software is NOT open source software products. You must follow the limitations in this software license agreement.
All copies and derivatives of the CafeEngine Software are, and at all times remain, the sole and exclusive property of Copyright holder, named in sourse files of CafeEngine Software ("Copyright holder"), including all copyrights and other intellectual property rights contained therein or related thereto. You agree that neither you nor any third party obtain any express or implied rights in or to any part of the CafeEngine Software.
All copyright notices contained in source files therein must remain unchanged and visible within the said script. Copyright notices contained therein must not be removed or altered under any circumstances without the express permission of Copyright holder.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Copyright holder. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Copyright holder. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Copyright holder.
Copyright holder grants to Customer ("Customer") a nonexclusive and nontransferable license to use the Cafeengine Software ("Software") if you follow all restrictions in all sections of this agreement.
This agreement will also govern any Software upgrades provided by Copyright holder that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Copyright holder grants you the right to run one instance (a single installation) of a program for each license purchased. For each installed instance of a program, a separate license is required.
Customer may modify Software for their personal use (at their own risk), but said Software programs, modified, altered or otherwise, may not be distributed or resold in any form to entities beyond the license holder without the explicit written permission of Copyright holder. Said modifications are at the risk of the owner/user and will not be supported by Copyright holder.
Technical support will not be provided for third-party modifications to the Software including modifications to code. If the Software is modified using a third-party modification instruction or otherwise, technical support may be refused to any license holder.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
Customer may not:
- permit other individuals to use the Software except under the terms outlined in this license agreement
- reverse engineer, disassemble, or create derivative works based on the Software for distribution or usage outside your web site.
- use the Software in such as way as to condone or encourage terrorism, promote or provide pirated software, or any other form of illegal or damaging activity.
- copy or distribute in whole or in part Software or its accompanying documentation, including programs, applications, data, codes, and manuals, without written consent from Copyright holder.
- distribute or modify proprietary graphics, HTML, or CSS packaged with the Software for use in other Software applications or web sites without written permission from Copyright holder.
- run a copyrighted Software program on two or more computers simultaneously without written consent from Copyright holder.
- lend Software so that a copy can be made or to copy Software while it is lent to you.
- make, import, possess, or deal with articles intended to facilitate the removal of any technical means applied to protect the Software program.
- infringe the laws against unauthorized Software copying because someone requests or compels it;
- remove any copyright notices in the script source header files nor any other rights.
CafeEngine Software may not be used for anything that would represent or is associated with an Intellectual Property Violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND COMPATIBILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
In no event does Copyright holder warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
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.
CUSTOMER AGREES THAT IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU OR TO ANY THIRD PARTY 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 USE, OR PROFITS; OR BUSINESS INTERRUPTION, OR 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;), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Software.
Copyright holder is not liable for the content contained or added to a program/script as provided by Copyright holder.
License fees are non-refundable.
If caught with pirated Software, the infringing company or individual may be liable under both civil and criminal law.
A civil action may be instituted for injunctive relief, actual damages (including infringement profits), or statutory damages up to $100,000 per infringement.
This license is effective until terminated. Customer may terminate this license at any time by destroying all copies of Software.
If any terms are violated, Copyright holder reserves the right to revoke license's at any time without notice from Copyright holder. No license refunds will be granted for revoked licenses.
On termination, Customer must destroy all copies of the Software within 48 hours.
Copyright holder reserves the right to change the terms of this agreement at any time however those changes are not retroactive to past releases.
This license is governed by the International Copyright Laws.