This license agreement applies to HyperBook Guestbook version 1.00 and higher, and replaces all previous license agreements offered by Thomas Robert Pasawicz. Anyone wishing to install HyperBook Guestbook must use this license agreement.
The "SOFTWARE PRODUCT" is all files included with the HyperBook Guestbook distribution archive as well as all files produced as a result of the installation scripts. The "SOFTWARE PRODUCT" also includes the HyperBook Guestbook name and logo included with the HyperBook Guestbook package. The provisions of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT."
The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT unless the individual designates another to be the "LICENSEE" prior to initiating installig HyperBook Guestbook.
"The DEVELOPER" is Thomas Robert Pasawicz, Miami, Florida, who is the sole owner of the copyright and all other rights in and to the SOFTWARE PRODUCT.
Application of License
By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms of this License Agreement.
The LICENSEE is responsible for ensuring that the terms of the License Agreement are upheld and the LICENSEE is responsible for any violations of the License Agreement whether or not the LICENSEE authorized the infringements of the License Agreement.
This License Agreement allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of examining the source code of the SOFTWARE PRODUCT to evaluate its future use on the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT more than once on more than one www server. The LICENSEE may also retain copies of the distribution of the SOFTWARE PRODUCT for archival purposes provided that this archive is not redistributed in any way.
The LICENSEE agrees not to do any of the following unless previously authorized in writing by the DEVELOPER, as doing the following would violate this License Agreement and be grounds for the termination of this License Agreement and possible legal action as described in this License Agreement.
- Making available for download or otherwise copying or redistributing the SOFTWARE PRODUCT
- Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or organization
- Including on any distribution medium (such as a CD-ROM or bundled within a software package) the SOFTWARE PRODUCT
Copyright Notices and Program Credits
The Copyright notices included within the PHP scripts and source files of the SOFTWARE PRODUCT may never be modified, appended, or removed without the prior expressed written consent of the DEVELOPER, regardless of whether the LICENSEE has paid any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
The LICENSEE is not permitted to modify, append, or remove any credits appearing within the visual interface of the SOFTWARE PRODUCT.
The DEVELOPER reserves the right to publish conditions under which copyright notices or program credits can be removed from the visual interface and to specify the extent of the removal of the same.
Modifications or Additions
Any modifications or additions to the SOFTWARE PRODUCT are subject to the following provisions:
- The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the LICENSEE'S own use, except that copyright headers cannot be removed except as otherwise provided in this License Agreement.
- Any modifications containing portions of the SOFTWARE PRODUCT or causing any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise used in any way, are considered derivative works of the SOFTWARE PRODUCT. Hence, these modifications are subject to all terms of this License Agreement, and consequently cannot be redistributed or sold. Thus, no person, organization, or entity shall distribute any modification or addition to the SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
- By making any modification or by otherwise installing any third-party modifications to the SOFTWARE PRODUCT, the LICENSEE voids any obligation of support on behalf of the DEVELOPER, whether express or implied. The DEVELOPER specifically disclaims all warranties, express or implied, if any portion of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE PRODUCT'S accompanying documentation.
- The DEVELOPER makes no guarantee that the underlying code or data structure will be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees that the DEVELOPER retains the absolute right to modify future versions of the SOFTWARE PRODUCT as the DEVELOPER sees fit, whether or not such modifications are compatible with any modifications made by the LICENSEE. the DEVELOPER retains this right in all circumstances, even if the LICENSEE has the right under arrangements with the DEVELOPER to download and install future upgrades of the SOFTWARE PRODUCT. the DEVELOPER is under no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
- The DEVELOPER encourages that modifications made that enhance the product be submitted to the DEVELOPER for possible inclusion in a future version.
Provided on an "as is" basis
The SOFTWARE PRODUCT is provided on an "as is" basis, and the LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE PRODUCT prove defective, the LICENSEE and not the DEVELOPER assumes the entire cost of service and repair. In addition, the security mechanisms implemented in SOFTWARE PRODUCT have inherent limitations, and the DEVELOPER does not warrant that the SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by applicable law, the DEVELOPER disclaims all warranties, either express or implied. Particularly, the DEVELOPER makes no warranty of title, no warranty against infringement, no warranty of merchantability, and no warranty of fitness for a particular purpose.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in high-risk activities in any environment where the SOFTWARE PRODUCT could lead to injury or death. The DEVELOPER specifically disclaims any warranties, express implied, of fitness for high-risk activities.
In no event shall the DEVELOPER be liable for any damages (including without limitation, special, direct, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of information, loss of data, and any other pecuniary loss) arising from the installation or any use of this SOFTWARE PRODUCT.
The LICENSEE alone, not the DEVELOPER, bears the entire responsibility for the content of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as part of that internet site. In no way shall the DEVELOPER be liable or responsible for the content of any LICENSEE'S site, including but not limited to any data created by users of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is copyright ©2001 by Thomas Robert Pasawicz, all rights reserved. The LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted software but does not gain ownership of the copyright or of the SOFTWARE PRODUCT.
This License Agreement is governed by the laws of the State of Florida. Both the LICENSEE and the DEVELOPER submit to the jurisdiction of the courts of the State of Florida. Both the LICENSEE and the DEVELOPER agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Miami-Dade County in the State of Florida.