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The following license agreement applies to all programs distributed by
Perl Services or Licensed Agents. Please read these terms and conditions
carefully. By purchasing, downloading or accepting a program from Perl
Services, you are bound by these Terms & Conditions.
Perl Services License Agreement THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (THE WEBSITE DEVELOPER, OWNER, PROGRAMMER, OR END USER) AND THE SOFTWARE DEVELOPER, PERL SERVICES. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY CLICKING "AGREE" AND DOWNLOADING OR RECEIVING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST DESTROY ANY COPIES OF THE SOFTWARE IMMEDIATELY AND YOUR LICENSE TO USE OUR SOFTWARE IS HEREBY REVOKED. 1. Grant of License. Perl Services grants you the right to use this copy of the software program and accompanying documentation in written or electronic form (the "Software") on a single named / branded website entity (i.e. with a single personal or business enterprise on a web server, even if multiple domains or IP addresses are used). This means ONE domain. If you are XYZ Incorporated and your website is xyz.com, that is one license. If you have multiple websites for your company, then you must purchase multiple licenses, much as you would purchase multiple licenses of desktop software for a business with more than one computer running parallel copies. You may not network the software or otherwise use it on more than one website as defined above at the same time. 2. Copy Restrictions; Ownership of Software. You may own the media on which the program is recorded; Perl Services retains ownership of the Software including copies, regardless of form or media, and to all copyrights therein. The Software and accompanying materials are copyrighted. You may either (a) transfer the Software to a single hard disk and retain the original Software for back-up purposes, or (b) make one copy of the Software solely for backup or archival purposes. You MAY NOT remove our copyright notices from anywhere, visible or hidden, without express written permission from Perl Services. You may purchase the right to remove our copyright from web-viewable "front end" or "customer facing" portions of the software for an additional fee. However, AT NO TIME may you ever remove our copyright from any control panels, back end, administration areas, login areas, script headers, or any other such area. Don't even ask! 3. Transfer Restrictions. You may transfer the Software with a copy of this Agreement to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement and is in a jurisdiction where the law allows such transfer under the terms of this agreement. Upon such transfer, you must transfer all accompanying written materials, and either transfer or destroy all copies of the Software. You may not lease, rent, sublicense, merge, reverse engineer, decompile or disassemble the Software. THIS TRANSFER ALLOWANCE ONLY APPLIES IF THE ENTIRE WEBSITE IS SOLD TO THE RECIPIENT AND YOU NO LONGER RETAIN ANY ACTIVE INVOLVEMENT OR FINANCIAL INTEREST IN SAID ENTERPRISE. 4. Termination. This License is effective until terminated. The License will terminate automatically without notice from Perl Services if you fail to comply with any provision of this License. You may voluntarily terminate at any time. Upon termination, you agree to destroy or purge all copies of the Software and accompanying written materials. Any attempt to remove our copyright from the software (whether visible or hidden) without express written permission from Perl Services is a violation of this agreement and nullifies your usage rights. If you violate any portion of this license, your permission to use our software is revoked, and you will not receive any monetary compensation or refund. 5. LIMITED WARRANTY. As its only warrant under this Agreement, Perl Services warrants the software to work as represented on our website in any descriptive text or documentation which SPECIFICALLY defines the functions and features of the program. This is subject to strict interpretation according to the documentation, and specifically excludes any promotional statements or claims made by Perl Services. EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO 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. PERL SERVICES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC, LIMITED RIGHTS, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. NOTE: Any programs sold by Perl Services include free functionality updates (also called "patches") to correct any flaws discovered in the current release version. This DOES NOT include upgrades to newer release versions that are sold without known flaw and sold as newer versions with increased functionality or features. 6. LIMITATION OF LIABILITY. Perl Services entire liability and your sole remedy under this License is, at Perl Services' option, either (a) return of payment; or (b) replacement or repair (patch) of said software under this Limited Warranty. IN NO EVENT WILL PERL SERVICES OR ITS VENDORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE) EVEN IF PERL SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Under no circumstances shall Perl Services be liable for any incidental, special, or consequential damages that result from the use or inability to use the Software or related documentation, even if Perl Services has been advised of the possibility of such damages. In no event shall Perl Services' liability exceed the license fee paid, if any. 7. Governing Law. This Agreement is governed by the laws of the Province of Ontario and Canada. If the laws of your county, state or sovereign country do not allow you to be bound under this agreement then your are hereby notified that you are not licensed to use our software and must immediately destroy all copies of this software. 8. Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. Manufacturer/Developer/Creator is Perl Services. |
