PHP AUTORESPONDER END-USER SOFTWARE AGREEMENT
Agreement ("Agreement") is between You
(either an individual or an entity), the End User, and PHP Autoresponder
("PHP Autoresponder"). The Agreement authorizes You
to use the Software specified in Clause 1 below, which may be
stored on a CD-ROM, sent to You by electronic mail, or downloaded
from PHP Autoresponder's Web pages or Servers or from other sources
under the terms and conditions set forth below. This is an agreement
on end-user rights and not an agreement for sale. PHP Autoresponder
continues to own the copy of the Software and the physical media
contained in the sales package and any other copy that You are
authorized to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading,
or using the Software. By ordering, installing, downloading,
and/or using the Software, You agree to the terms and conditions
of this Agreement. If You do not agree to all of the terms and
conditions of this Agreement, cancel the installation or downloading,
or destroy or return the Software and accompanying documentation
to PHP Autoresponder. YOU AGREE THAT YOUR USE OF THE SOFTWARE
ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT,
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
As used in
this Agreement, the term "Software" means,
collectively: (i) the software product identified above (ii)
all the contents of the disk(s), CD-ROM(s), electronic mail and
its file attachments, or other media with which this Agreement
is provided, including the object code form of the software delivered
via a CD-ROM, electronic mail, or Web page (iii) digital images,
stock photographs, clip art, or other artistic works ("files")
(iv) related explanatory written materials and any other possible
documentation related thereto ("Documentation"); (v)
fonts, and (vi) upgrades, modified versions, updates, additions,
and copies of the Software (collectively "Updates"),
if any, licensed to You by PHP Autoresponder under this Agreement.
2. END USER RIGHTS AND USE.
PHP Autoresponder grants to You non-exclusive, non-transferable
end-user rights to install the Software on a any domain name
that you have registered.
3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the
Software except as follows:
(a) You may make one copy of the Software on magnetic media
as an archival backup copy, provided Your archival backup copy
is not installed or used on any computer, server, or domain name.
Any other copies You make of the Software are in violation of
(b) You may not use, modify, translate, reproduce, or transfer
the right to use the Software or copy the Software except as
expressly provided in this Agreement.
(c) You may not resell, sublicense, rent, lease, or lend the
(d) You may not reverse engineer, reverse compile, disassemble,
or otherwise attempt to discover the source code of the Software
(except to the extent that this restriction is expressly prohibited
by law) or create derivative works based on the Software.
(e) Unless stated otherwise in the Documentation, You shall
not display, modify, reproduce, or distribute any of the files
included with the Software. In the event that the Documentation
allows You to display the files, You shall not distribute the
files on a stand-alone basis, i.e., in circumstances in which
the files constitute the primary value of the product being distributed.
Files may not be used in the production of libelous, defamatory,
fraudulent, infringing, lewd, obscene, or pornographic material
or in any otherwise illegal manner. You may not register or claim
any rights in the files or derivative works thereof.
(f) You agree that You shall only use the Software in a manner
that complies with all applicable laws in the jurisdiction in
which You use the Software, including, but not limited to, applicable
restrictions concerning copyright and other intellectual property
The Software and all rights, without limitation including proprietary
rights therein, are owned by PHP Autoresponder and/or its licensors
and affiliates and are protected by international treaty provisions
and all other applicable national laws of the country in which
it is being used. The structure, organization, and code of the
Software are the valuable trade secrets and confidential information
of PHP Autoresponder and/or its licensors and affiliates. You
must not copy the Software, except as set forth in clause 3 (Limitations
On End-User Rights). Any copies which You are permitted to make
pursuant to this Agreement must contain the same copyright and
other proprietary notices that appear on the Software.
5 .MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE
SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
You may not rent, lease, sublicense, lend, or transfer versions
or copies of the Software You do not use. If the Software is
an Update to a previous version of the Software, You must possess
valid end-user rights to such a previous version in order to
use the Update, and You may use the previous version for ninety
(90) days after You receive the Update in order to assist You
in the transition to the Update. After such time You no longer
have a right to use the previous version, except for the sole
purpose of enabling You to install the Update.
COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You install
the Software. You may terminate this Agreement at any time by
permanently deleting, destroying, and returning, at Your own
costs, the Software, all backup copies, and all related materials
provided by PHP Autoresponder. Your end-user rights automatically
and immediately terminate without notice from PHP Autoresponder
if You fail to comply with any provision of this Agreement. In
such an event, You must immediately delete, destroy, or return
at Your own cost, the Software, all backup copies, and all related
material to PHP Autoresponder.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
NEITHER PHP AUTORESPONDER, ITS LICENSORS OR AFFILIATES, NOR
THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT
THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS,
TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY PHP AUTORESPONDER
OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM
8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of PHP Autoresponder
other than as specifically set forth herein.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PHP AUTORESPONDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES
BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE,
PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION,
OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND
WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY
OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF PHP AUTORESPONDER OR ITS LICENSORS OR AFFILIATES
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES,
PHP AUTORESPONDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES'
LIABILITY SHALL BE LIMITED TO U.S. $50.00.
Nothing contained in this Agreement shall prejudice the statutory
rights of any party dealing as a consumer. Nothing contained
in this Agreement limits PHP Autoresponder's liability to You
in the event of death or personal injury resulting from PHP Autoresponder's
negligence. PHP Autoresponder is acting on behalf of its employees
and licensors or affiliates for the purpose of disclaiming, excluding,
and/or restricting obligations, warranties, and liability as
provided in this clause 9, but in no other respects and for no
10. TECHNICAL SUPPORT.
PHP Autoresponder has no obligation to furnish You with technical
support unless separately agreed in writing between You and PHP
All notices and return of the Software and Documentation should
be delivered to:
Online Marketing Ideas
417 Associated Road #263
Brea, Ca 92821
APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of California. All disputes
arising from or relating to this Agreement shall be settled by
a single arbitrator appointed by the Orange County Court System
of California. The arbitration procedure shall take place in
Orange County, California in the English language. If any part
of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms. This Agreement
may only be modified by a writing signed by an authorized officer
of PHP Autoresponder, although PHP Autoresponder may vary the
terms of this Agreement.
This is the entire agreement between PHP Autoresponder and You
relating to the Software, and it supersedes any prior representations,
discussions, undertakings, end-user agreements, communications,
or advertising relating to the Software.