OSI CODES INC. SOFTWARE LICENSE AGREEMENT
1. GENERAL SOFTWARE LICENSE
A. General License Grant
In consideration of payment of the license fee, which is part of the price of the Software issued by OSI Codes Inc., OSI Code Inc. grants You the nonexclusive right to use the software for company/organizational/individual use. OSI Codes Inc. grants you the choice of modifying the Software source code. You may use the Software under all domains that are owned, operated and is controlled by the licensed company/organization/individual. OSI Codes grants you the right to create multiple instances of the software with the restriction of each copy retaining the original "PHP Live! powered" link. If you would like to remove the "PHP Live! powered" link, a purchase of the "Debrand" addon is required. The "Debrand" key can be purchased at the client area. You are bound to this Agreement during Your entire possession time span of this Software use, in its original or altered state. OSI Code Inc. reserves the rights to suspend, revoke or terminate your license to use the Software if these terms are violated. See Section 5 of this License Agreement for termination procedures.
The PHP Live! Support software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software) is owned by OSI Code Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. You may not copy the Software for distribution or resell in any way. You may not copy any written materials accompanying the Software without express written authorization from OSI Code Inc. Proofs of infringement of copyright violations include but not limited to similar code style and structures, similar layout and interface design, similar database design, and containing parts of the original software source code. Modification of the software is allowed, but removing the copyright notice is prohibited unless granted by OSI Codes Inc.
C. Other Restrictions
Each Software package purchased under this Agreement is licensed as a single product. Its component parts CAN be modified or separated, but from there after, OSI Code Inc. will no longer provide technical support for the modified software. You may not distribute copies of the Software or any accompanying written materials to others, in its original or altered state. PHP Live! redistribution (original or altered code), resell (original or altered code) or OEM are not allowed. Providing PHP Live! as hosted solution to your clients/members/individuals is not allowed. Any type of third-party use of the Software other then the persons associated with the purchased company/organization/individual is not allowed. Payment or accepting fees (monetary or services) to use PHP Live! is not allowed. Violations may constitute legal actions.
D. User Infringement Liability
You may be held legally responsible for any infringement that is caused by the failure to comply with the licensing provisions of this Agreement.
2. DISCLAIMERS AND WARRANTY INFORMATION
A. No Warranty
Unless expressly provided otherwise in a separate agreement between you and OSI Codes Inc., all information and software on and from this site are provided "as is," without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. OSI Code Inc. assumes no responsibility for errors or omissions in the information or software or other documents at, referenced by, or linked to this site. You assume the entire risk for the results and performance of the software.
B. No Liability For Damages
In no event shall OSI Codes Inc. or anyone else involved in the creation and production of the software be liable for any damages whatsoever, including without limitation any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption, or any other pecuniary losses, whether or not advised of the possibility of such damage, and based on any theory of liability, arising out of or in connection with the use of or inability to use information, software or other materials obtained from using this software or from the performance or lack of performance of this software.
Refunds are available up to 30 days from the purchase date. All refund requests are reviewed by individual cases. The PHP Live! software is designed to function on standard default PHP/MySQL installations. If any modifications or configuration changes were made to the default settings of PHP/MySQL, OSI Codes Inc. does not guarantee the PHP Live! software will function as expected. With certainty, refunds are not available in cases with missing features, integration issues, PHP or MySQL not installed properly on the server or modified code within any portion of the software files.
This Agreement is effective IMMEDIATELY upon Your Software download and Software transfer from OSI Codes Inc.'s severs to your computer. Proof of download will be based on OSI Codes Inc.'s client status using OUR records and logs. Unless sooner terminated by OSI Code Inc., any license granted by this Agreement terminates in accordance with the method and timeframes specified in Section 1-A of this Agreement. Without prejudice to any other rights, OSI Code Inc. may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You shall delete all copies and instances of OSI Codes Inc.'s Software(s) from your possession within 7 days of OSI Codes Inc.'s License Agreement termination notice.
This License Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in New York City, New York, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. OSI Codes Inc. has the right to modify this agreement with each new release of the Software. You have the right to waiver the modifications and opt to abide by the previous Agreement and chooses not to accept the new Software release and the modified License Agreement. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
6. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
In any event of copyright infringement, or suspecting of copyright infringement, OSI Codes Inc. may contact the hosting or domain provider and issue a DMCA notice to stop the use or to confirm a valid purchase of the PHP Live! Software. Please review the above section 1-B and 1-C for copyright terms and agreement.