License Agreement

phpFox Premium License Agreement

 

This phpFox License Agreement (“Agreement”) is a legal agreement between you and phpFox (“phpFox”) for the licensing of the phpFox software, which includes computer software and any associated media (“Software”).

 

phpFox, its source code and files are original works exclusively owned by phpFox and subject to copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

 

Any and all intellectual property rights in the Software, including the original works, or parts thereof, in any form, are and shall remain the exclusive property of phpFox and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to you. You will not take any action to jeopardize, limit or interfere with phpFox’s rights.

 

Subject to the terms of this Agreement, phpFox hereby grants you a limited, personal, non-exclusive, non-sublicensable, non-assignable license to download, install and use one instance of the Software and to use it on only one domain name extension (e.g. .com, .net, or .org). You may not rent, lease, sublicense, sell, assign, pledge, re-sell, transfer or otherwise dispose of the Software “Lite/Basic/Pro Package License” in any form, on a temporary or permanent basis. phpFox reserves the right to refuse transfers. phpFox may, but is not obligated to, provide you with updates or upgrades to the Software for free or subject to the payment of additional service fees. By installing, copying or otherwise using such update or upgrade, you agree to be bound by the terms of this Agreement with respect to such update or upgrade. A license is valid only in relation to the designated license owner stated at the time of purchase of the license and any request for transfer of ownership will not be considered. Subscription based “Monthly Licenses” can not be transferred. If the license is purchased by a registered company and no specific person is designated as the license owner, then the license owner will be deemed to be the then current CEO of the company. A company which is not registered at the time of purchase must name a designate of license ownership. If the company fails to do so, the license will not be valid. phpFox only offers single installation licenses and the Software may only be in use in any one location. The location on which the Software is used, must always be the location specified in the user database and not a mirror or redirect to such location. It is the license holder’s responsibility to submit the URL path to the license during the progress of purchase/install.

 

Incorrect information can result in license revocation.

 

If the Software is not currently installed then “Not Assigned” should be specified in the user database as the location on which the Software is used, until such time as it is in use. By using the Software, you agree to comply all legal obligations, including but not limited to obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws, regulations and policies that may apply. The text, sounds, pictures, photos, video, software and/or any other type of information (“Content”) or communications spread by the use of the Software is entirely the responsibility of the person or entity form whom such Content originated. The Content is not reviewed, controlled, examined, verified or endorsed by phpFox in any way. You acknowledge and agree that you are solely responsible for any Content that you upload, submit, post, transmit or display through the Software and that phpFox is not responsible to you or any third party for any Content that is uploaded, submitted, posted, transmitted or displayed through the Software by you or any other user of the Software.

 

You agree that you shall not upload, submit, post, transmit or display through the Software any Content that is subject to any third party intellectual property rights, unless you have a license or specific permission from the owner to upload, submit, post, transmit or display through the Software such third party content.

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PHPFOX HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE SOFTWARE. THE SOFTWARE IS LICENSED TO YOU “AS IS” AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHPFOX DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PHPFOX FURTHER DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE, COMPLETE AND ERROR-FREE. THE SOFTWARE IS OFFERED ON THE EXPRESS UNDERSTANDING THAT PHPFOX SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHPFOX BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PHPFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

License refunds are at the sole discretion of phpFox. For such refunds, the Refunds Policy set out on (https://www.phpfox.com/terms/refund-policy/) will primarily be applied.

 

phpFox accepts no responsibility for site content and any complaints received from any third party may result in license suspension or revocation if the matter cannot be resolved. This action is at the sole discretion of phpFox and is intended to offer both parties time for reflection or advice, and license reinstatement is also at the sole discretion of phpFox and not a judgment of the circumstances. phpFox will comply with any requirement from any Court of Jurisdiction. phpFox has the right to update the license’s URL to correct any misspelling, dislocation etc.

 

If needed to run a test site only for development purposes clients may run the site in a folder, sub-domain or localhost. The folder or sub-domain name must be called “phpfoxdev” or “development” and must be access protected. Here are some examples:

 

http://www.yoursite.com/phpfoxdev/ or http://www.yoursite.com/development/ (Live Development Server)
http://phpfoxdev.yoursite.com/ or http://development.yoursite.com/ (Live Development Server)
http://localhost/ or http://127.0.0.1 (Local Server)
http://209.85.135.104/ (IP to Your Development Server)

 

One test site per license, for development purposes, may be installed and run on a sub domain or folder of the licensed domain.

 

This Agreement will remain effective until terminated by either phpFox or you as set out herein. You may terminate the Agreement with immediate effect at any time. Without limiting other remedies, phpFox may limit, suspend, or terminate this license and your use of the Software with immediate effect, automatically and without recourse to the courts, if we think that you are in breach of the Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. phpFox shall effect such termination by providing notice to you to the email address you have provided. Upon termination of this Agreement (a) all licenses and rights to use the Software shall immediately terminate; (b) you shall immediately cease any and all use of the Software; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. phpFox is allowed at its sole discretion to assign the Agreement or any rights hereunder to any third party, without giving prior notice. The Agreement shall be governed by and interpreted in accordance with the laws of Sweden, without reference to its conflict of law principles, and shall be subject to the jurisdiction of the courts of Sweden. In addition to this Agreement, you have to comply with any and all rules and regulations for the use of the Software provided by phpFox, applicable from time to time, including but not limited to the General phpFox Forum Rules. Please see below for further information.

 

General

 

All license id’s and domain information is stored in our main database, and if the anti-piracy team feels there is a problem with a site or license they will contact you with an email address [AT]phpfox.com. If the software is found to be used in breach of the terms of use, our staff are authorized to suspend the license advising you what action is required to resolve the matter, or in cases of a severe or repetitive problem, where advice has been ignored, revoke your license without refund and seek deletion of the software by your host or network. All license id’s and domain information is stored in our main database, and if the anti-piracy team feels there is a problem with a site or license they will contact you with an email address [AT]phpfox.com. phpFox reserves the right to modify this Agreement or the terms of its policies at any time.

 

License Transfer Policy

 

phpFox permits Owned Software Licenses to be transferred once per license key (fees apply). Only Owned Software Licenses having active support are eligible for transfer. Owned Software Licenses are not eligible for transfer until at least 3 months have passed from the date of purchase.

 

Before any transfer, please contact us to verify the eligibility of your licensed account via ticket in Client Area. Upon request of the transfer, we will issue an invoice for the license transfer fee (currently 10% of your License’s price). Once paid, we will request from you the name, email address and details of the new owner for the license to be transferred to.

 

All transfers are final and cannot be reversed.

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