*** License agreement ***
PHP Finance Manager Commercial License
Please read this license carefully before using the software. By
using the software, you are agreeing to be bound by the terms of
this license.
END USER LICENSE AGREEMENT
Olexiy Merenkov provides the computer software, documentation,
and source code in this product ('Licensed Software') and
licenses its use to the party ("You") who purchases and uses
this product, as follows:
BINARY LICENSE. You have the non-transferable right to use one
(1) copy, on one (1) single computer system or network, with the
number of seats specified on the original invoice, of Licensed
Software internally for Your own research and development or
other business purposes. You must purchase a license for each
developer that will be using the Licensed Software. Licenses are
non-transferable.
You may make one machine readable copy of the Licensed Software
for backup purposes. You may not otherwise copy the Licensed
Software or any of its documentation in printed form. You must,
as a condition of Your license under this Agreement, reproduce
and include all copyright and other proprietary notices on the
backup copy.
You may not transfer possession of Licensed Software, whether in
part or in whole, to other parties. You may not copy enclosed
documentation or distribute them to other parties. You may not
modify Licensed Software or disassemble it for the purpose of
obtaining the source code. You agree not to "reverse engineer"
the Licensed Software or any portion of it or to permit such
reverse engineering or otherwise reduce the Software to a human-
perceivable form.
SHAREWARE LICENSE. If this software has been provided to You as
"shareware", then this license is restricted as follows: You may
use this software only to the extent necessary to determine
whether it is fit for Your needs. This evaluation period is
limited to 30 days after your initial receipt of the software.
If you decide to continue using the software beyond this period,
you must purchase the number of licenses as required under the
terms of the BINARY LICENSE.
RUN-TIME LIBRARY LICENSE. The licensed material covered by this
agreement may include a set of designated modules (the "Run-Time
Library"), all or a portion of which may be linked with modules
produced from your own sources to become an integral part of an
executable program. You may use and market such executable
programs without the payment of any additional license fees,
provided that you indemnify and hold Olexiy Merenkov and its
suppliers harmless from any and all claims arising out of the
sale, license, or any other use of such programs. Any failure to
provide this indemnity voids your license to use or redistribute
the Run-Time Library. You may not modify, network, rent, lend,
loan, distribute or create derivative works or additional Run-
Time Libraries that will give end users of the derivative
product programmatic access to the same or similar features as
the original Run-Time Libraries.
SOURCE CODE. At Olexiy Merenkov's sole discretion, a portion of
the this software may be provided in source code form,
constituting proprietary information of Olexiy Merenkov. If
provided, You may use these sources to customize the software
for Your particular needs, or simply as supplementary
documentation, but You may not distribute the sources in either
their original or modified form.
RESTRICTIONS ON DISCLOSURE. You agree to use reasonable efforts,
and to take the same precautions that You take to protect your
own computer programs and other information of similar value
that You do not wish to have disclosed or disseminated to
others, to avoid disclosure or dissemination of any part of the
Licensed Software, its documentation, or its source, to any
third party by You and Your employees, agents or consultants (if
any). These restrictions will not apply to any information that
becomes publicly known, through no fault or breach on Your part,
that Olexiy Merenkov regularly provides third parties without
restrictions on disclosure or that you receive from a third
party rightfully and without restriction on disclosure.
OWNERSHIP. You agree that Olexiy Merenkov has and will retain
all ownership rights in the Licensed Software and its
documentation and all related patents, copyrights, trademarks,
service marks, and other proprietary rights, and that You will
have no interest in the Licensed Software and its documentation
except the limited license provided under this Agreement.
NO OTHER LICENSE. No rights or licenses are granted by Olexiy
Merenkov under this License, expressly or by implication, with
respect to any proprietary information or patent, copyright,
trade secret, or other intellectual property right owned or
controlled by Olexiy Merenkov, except as expressly provided in
this License.
TERMINATION. This License is effective until terminated. You may
terminate this License at any time by destroying the Software,
related documentation and all copies thereof. This License will
terminate immediately without notice from Olexiy Merenkov if You
fail to comply with any provision of this License. Upon
termination You must destroy the Software, related documentation
and all copies thereof which are in your possession or under
Your control.
GOVERNMENT END USERS. If You are acquiring the Software on
behalf of any unit or agency of the United States Government,
the following provisions apply. The Government agrees the
Software and documentation were developed at private expense and
are provided with "RESTRICTED RIGHTS". Use, duplication, or
disclosure by the Government is subject to restrictions as set
forth in FAR 52.227-14, DFAR 252.227-7013, its successors or
applicable agency rights in technical data or computer software.
In the event that this License, or any part thereof, is deemed
inconsistent with the minimum rights identified in the
Restricted Rights provisions, the minimum rights shall prevail.
DISCLAIMER OF WARRANTY ON SOFTWARE. You expressly acknowledge
and agree that use of the Software is at your sole risk. The
Software and related documentation are provided "AS IS" and
without warranty of any kind and Olexiy Merenkov expressly
disclaims all warranties, express and implied, including, but
not limited to, the implied warranties of merchantability and
fitness for a particular purpose. Olexiy Merenkov does not
warrant that the features contained in the software will meet
Your requirements, or that the operation of the software will be
uninterrupted or error-free, or that defects in the software
will be corrected. The entire risk as to the results and
performance of the software is assumed by You. Furthermore,
Olexiy Merenkov does not warrant or make any representations
regarding the use or the results of the use of the Software or
related documentation in terms of their correctness, accuracy,
reliability, currentness, or otherwise. No oral or written
information or advice given by Olexiy Merenkov or Olexiy
Merenkov's authorized representative shall create a warranty or
in any way increase the scope of this warranty. Should the
software prove defective, You (and not Olexiy Merenkov or Olexiy
Merenkov's authorized representative) assume the entire cost of
all necessary servicing, repair or correction. Some
jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to You.
LIMITATION OF LIABILITY. Under no circumstances including
negligence, shall Olexiy Merenkov, or his employees or agents,
be liable to You for any incidental, indirect special or
consequential damages (including damages for loss of business
profits, business interruption, loss of business information,
and the like) arising out of the use, misuse or inability to use
the software or related documentation, breach or default
including those arising from infringement or alleged
infringement of any patent trademark, copyright or other
intellectual property right by Olexiy Merenkov, even if Olexiy
Merenkov or Olexiy Merenkov's authorized representative has been
advised of the possibility of such damages. Some jurisdictions
do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or
exclusion may not apply to You. Olexiy Merenkov will not be
liable for 1) loss of, or damage to, your records or data or 2)
any damages claimed by you based on any third party claim. In no
event shall Olexiy Merenkov's total liability to you for all
damages, losses, and causes of action (whether in contract, tort
(including negligence) or otherwise) exceed the amount paid by
you for the Software.
CONTROLLING LAW AND SEVERABILITY. This License shall be governed
by and construed under the laws of Ukraine. If for any reason a
court of competent jurisdiction finds any provision of this
License or portion thereof, to be unenforceable, that provision
of the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the
remainder of this License shall continue in full force and
effect.
COMPLETE AGREEMENT. This License constitutes the entire
agreement between the parties with respect to the use of the
Software and the related documentation, and supersedes all prior
or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. No amendment to or
modification of this License will be binding unless in writing
and signed by a duly authorized representative of Olexiy
Merenkov.