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PhotoPost License Agreement (with Brand Free option)

By installing and using PhotoPost PHP on your server, you agree to the following terms and conditions:

PhotoPost PHP is NOT free software and it is not open source. You must purchase a license from All Enthusiast, Inc. to use PhotoPost PHP. 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.

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 within the PHP source code of the scripts MUST remain intact, but the notices need not be visible to your site visitors nor must they be printed to the site visitors' web browser.

PhotoPost PHP 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.