PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By your usage of Five Star Review Script ("Licensed Software"), you agree to be bound by the terms and conditions of this License.
TS grants you a non-exclusive license to use the Licensed Software on one installation to be accessable by one URL (web address) subject to the provisions in all sections of this License.
TERM
The Licensed Software is offered under leased and owned licensing. Both license terms feature technical support and service plus access to upgrades to the software as they are available.
In the event a one year leased license expires without being renewed, the software will be disabled. A renewal fee will allow the software to remain completely functional.
In the event a owned license expires it will remail completely functional but will be unsupported and no access to upgrades will be made available. A small fee will renew access to support and upgrades.
SCOPE OF GRANT
You may:
* customize the Licensed Software's design and operation to suit the internal needs of your web site except to the extent not permitted in this License
* produce and distribute modification instructions.
* create applications which interface with the operation of the Licensed Software provided said application is an original work
You may not:
* permit other individuals to use the Licensed Software except under the terms listed above
* reverse engineer, disassemble, or create derivative works based on the Licensed Software for distribution or usage outside your web site
* use the Licensed Software in such as way as to condone or encourage terrorism, promote or provide pirated Software, or any other form of illegal or damaging activity
* modify and/or remove any copyright notices or labels on the Licensed Software on each page (unless Powered By branding removal license is purchased)
* distribute the Licensed Software
* distribute individual copies of files, libraries, or other programming material in the Licensed Software package
* distribute or modify proprietary graphics, HTML, or CSS packaged with the Licensed Software for use in Licensed Software applications other than Licensed Software or web sites without written permission from TS
* modify the software to function in more than instance or location (URL, domain, subdomain, etc.) from a single set of source program files unless each location is separately licensed
1. OWNERSHIP AND LIMITS TO USE
The Licensed Software and the Documentation remain at all times the sole and exclusive property of TS. In order to protect the rights of TS, the Client undertakes to comply with the following:
(a) The Client shall not remove, alter or obliterate any copyright notices found in the Licensed Software or in the source code; A special license may be purchase to remove the Powered by notice.
(b) You are allowed to write and distribute modifications to the GUI portion of the Licensed Software pursuant to the terms and conditions in section five of this document.
(c) The Client shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
2. MINIMUM CONFIGURATION
The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the minimal requirements prescribed from time to time by TS. At no time will TS make refunds of any kind, for any reason. It is your responsibility to make sure you can meet the requirements of the script before you purchase.
3. LIMITATION OF LIABILITY
THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, TS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE, DOCUMENTATION, TECHNICAL SUPPORT AND UPGRADES. TS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TS SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF TS SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY TS HEREUNDER.
This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.
4. INSTALLATION AND USE OF LICENSED SOFTWARE
The Client shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed Software.
5. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE
The Client may modify, adapt, and create improvements to the Licensed Software as it deems appropriate pursuant to the following conditions and limitations:
(a) TS reserves the right to use any modifications created by the Client which are voluntarily submitted to TS. If submitted through email or on the support forum, the Client agrees to give TS a perpetual royalty-free license to copy, distribute, communicate to the public, modify and adapt such modifications and to sub-license others to use such modifications, which license will survive the expiration or termination of this License. TS will credit all modification work to the original author in a way they deem appropriate. At no time is TS to be obligated to use code submitted by the Client in their future releases of the Licensed Software.
(b) You are allowed to distribute the modifications you make in source form only. The code must not be encrypted with Zend Encoder, ionCube, or any other form of PHP encrypter/compiler/obfuscator. All code must be in a completely unencrypted/unobfuscated state.
(c) Any code developed by TS may not be used in products outside of or unrelated to the Licensed Software. TS retains full ownership right to the code they developed, and only allow its use within the Licensed Software.
(d) You are allowed to sell the custom modifications which you write. Please note that you should inform your customers that TS retains the right to release updates which include your custom code and the code is not exclusively developed for their site.
(e) TS is not liable for any custom modifications you do. By making modifications to the Licensed Software, you waive any support right which you may have been entitled to before making such changes.
6. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed nor time shared without the prior written consent of TS. Any such assignment, transfer, delegation, sublicense or time sharing in breach of this undertaking is void and results in the immediate termination of this License.
7. TERMINATION
TS shall have the right to terminate this License immediately without notice in the event that:
(a) The Client breaches any of the terms and conditions of this License or refuses or neglects to pay the applicable license fees when they fall due; or
(b) The Client files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Client and said petition is not discharged within thirty (30) days, or if the Client becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the Client comes into the possession of its creditors or of a governmental agency or of a receiver; or
(c) Any future criteria which TS deems appropriate. TS reserves the right to add these additional criteria without notice of any kind.
The Client undertakes in the event of termination of this License to immediately cease any and all use of the Licensed Software, to deliver up to TS the Licensed Software and the Documentation, and to destroy any copies made.
8. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.
9. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the United States.
10. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial district of Harris County, Texas, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.
By using this software, you acknowledge having read this license and agree to be bound thereby.