Perl Services License Agreement
THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (THE WEBSITE
DEVELOPER, OWNER, PROGRAMMER, OR END USER) AND PERL SERVICES ("PERL
SERVICES", A WHOLLY-OWNED SUBSIDIARY OF INTERACTIVE SCRIPTS).
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY CLICKING "AGREE" AND
DOWNLOADING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST DESTROY
ANY COPIES OF THE SOFTWARE IMMEDIATELY AND YOUR LICENSE TO USE OUR SOFTWARE
IS HEREBY REVOKED.
1. Grant of License. Perl Services grants you the right to use this copy of
the software program and accompanying documentation in written or electronic
form (the "Software") on a single named/branded website entity (i.e. with a
single personal or business enterprise on a web server, even if multiple
domains or IP addresses are used). You may not network the software or
otherwise use it on more than one website as defined above at the same time.
2. Copy Restrictions; Ownership of Software. You may own the media on
which the program is recorded; Perl Services retains ownership of the
Software including copies, regardless of form or media, and to all
copyrights therein. The Software and accompanying materials are
copyrighted. You may either (a) transfer the Software to a single hard disk
and retain the original Software for back-up purposes, or (b) make one copy
of the Software solely for backup or archival purposes.
3. Transfer Restrictions. You may transfer the Software with a copy of
this Agreement to another party only on a permanent basis and only if the
other party accepts the terms and conditions of this Agreement and is in a
jurisdiction where the law allows such transfer under the terms of this
agreement. Upon such transfer, you must transfer all accompanying written
materials, and either transfer or destroy all copies of the Software. You
may not lease, rent, sublicense, merge, reverse engineer, decompile or
disassemble the Software. THIS TRANSFER ALLOWANCE ONLY APPLIES IF THE ENTIRE
WEBSITE IS SOLD TO THE RECIPIENT AND YOU NO LONGER RETAIN ANY ACTIVE
INVOLVEMENT OR FINANCIAL INTEREST IN SAID ENTERPRISE.
4. Termination. This License is effective until terminated. The License
will terminate automatically without notice from Perl Services if you fail
to comply with any provision of the License. You may voluntarily terminate
at any time. Upon termination, you agree to destroy or purge all copies of
the Software and accompanying written materials.
5. LIMITED WARRANTY. As its only warrant under this Agreement, Perl
Services warrants the software to work as represented on our website in any
descriptive text or documentation which SPECIFICALLY defines the functions
and features of the program. This is subject to strict interpretation
according to the documentation, and specifically excludes any promotional
statements or claims made by Perl Services. EXCEPT AS EXPRESSLY WARRANTED
IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
PERL SERVICES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC, LIMITED
RIGHTS, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NOTE: Any programs sold by Perl Services include free functionality updates
(also called "patches") to correct any flaws discovered in the current
release version. This DOES NOT include upgrades to newer release versions
that are sold without known flaw and sold as newer versions with increased
functionality or features.
6. LIMITATION OF LIABILITY. Perl Services╣ entire liability and your sole
remedy under this License is, at Perl Services' option, either (a) return of
payment; or (b) replacement or repair (patch) of said software under this
Limited Warranty. IN NO EVENT WILL PERL SERVICES OR ITS VENDORS BE LIABLE
FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, INFORMATION, OR USE) EVEN IF PERL SERVICES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Under no
circumstances shall Perl Services be liable for any incidental, special, or
consequential damages that result from the use or inability to use the
Software or related documentation, even if Perl Services has been advised of
the possibility of such damages. In no event shall Perl Services' liability
exceed the license fee paid, if any.
7. Governing Law. This Agreement is governed by the laws of the County of
San Bernardino, State of California and the United States of America. If the
laws of your county, state or sovereign country do not allow you to be bound
under this agreement then your are hereby notified that you are not licensed
to use our software and must immediately destroy all copies of this
8. Export Law Assurances. You may not use or otherwise export or re-export
the Software except as authorized by United States law and the laws of the
jurisdiction in which the Software was obtained. In particular, but without
limitation, the Software may not be exported or re-exported (a) into (or to
a national or resident of) any U.S. embargoed country or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Department of Commerce's Table of Denial Orders. By using the
Software, you represent and warrant that you are not located in, under
control of, or a national or resident of any such country or on any such
Manufacturer/Developer/Creator is Perl Services (a wholly owned subsidiary
of INTERACTIVE SCRIPTS).