| PhotoPost
License
Agreement v2.2 (9/26/2007) |
This license agreement applies to PhotoPost PHP Pro and PhotoPost vBGallery software ("PhotoPost").
By installing and using PhotoPost on your server, you agree to the following
terms and conditions:
PhotoPost is NOT free software and it is not open source. You must purchase a
license from All Enthusiast, Inc. to use PhotoPost. A PhotoPost license grants
you the right to run one instance (a single installation) of PhotoPost on one
web server and one web site for each license purchased.
Although you will be granted access to download both PhotoPost PHP Pro and PhotoPost vBGallery software versions,
such that you may decide which version is right for your needs, you
may only install one instance at a time on one webserver and one website. You may not install both software versions
simultaneously.
All customers must submit the URL where they are using (or plan to use) each
license. The URL can be submitted via the PhotoPost members area.
All copyright notices used throughout the program, within the scripts and within
the HTML that the scripts generate, MUST remain intact. Furthermore, these
notices, including "powered by" wording that appears online, must remain visible
to the human eye, and may only be removed if you have purchased the branding free option and have the express consent of All Enthusiast, Inc. to do
so. Your acceptance of this agreement also permits All Enthusiast,
Inc. to list your company and/or domain in promotional materials and/or on our
website, unless a special agreement is made prohibiting such use.
PhotoPost source code may be altered (at the owners risk), but the software
(altered or otherwise) may not be distributed to entities beyond the license
holder without the explicit written permission of All Enthusiast, Inc.
License fees are non-refundable and this license is non-transferable. We
encourage you to verify that your server supports MySQL, PHP, and
ImageMagick, before purchasing. For complete system requirements, please
visit the PhotoPost requirements page.
The user understands and accepts that upon execution of the PhotoPost installation script on the user's
server, the script will communicate via a single HTTP "POST" request with an All Enthusiast, Inc. web
server to authorize the user's installation of PhotoPost. The data stored by All Enthusiast as a result
of this data transfer is expressly limited to the host domain name or IP address of the site on which the
installation script resides. This data transfer is necessary to verify that the user is a valid
PhotoPost license holder and that the user is not violating this license agreement. This data will not be
used in any other manner.
Periodically, All Enthusiast, Inc. may inspect the integrity of your registration without collecting any
information about you, your server, or your users. Should we find discrepancies in the software usage
and the type of license(s) you purchased, be advised that you may lose your license and be subject to
legal action for Software Piracy.
This agreement shall be governed by the laws of the State of California.
If any terms are violated, All Enthusiast, Inc. reserves the right to revoke
the license at any time. No license refunds will be
granted for revoked licenses.
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Disclaimer of Warranty
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THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED ``AS IS'' AND ANY EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL ALL ENTHUSIAST, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
All Enthusiast, Inc. is not liable for the content of any photo, video,
any other type of media, or any message, posted on a site powered by
PhotoPost.
All Enthusiast, Inc is not liable for any conduct associated with photo
gallery activity, nor for any binary media posted using this program,
including but not limited to images, photographs, and clipart. If
PhotoPost is used to display photos that are in violation of any United
States Federal laws, this license will be automatically revoked.
The user must assume the entire risk of using the program. ANY LIABILITY OF THE
SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE
PRICE. Failure to install the program is not a valid reason for requesting a
refund of the purchase price, nor is failure to ensure that the program meets the
user's requirements.
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