Planet/EE Software
This License Agreement is a legal agreement between you and Planet/EE (the "Licensor") for the use of Planet/EE software products, which may include associated software code files, media, and "online" or electronic documentation (the "Software"). By downloading any Software, you agree to be bound by the terms of this license agreement. This license agreement represents the entire agreement concerning the Software between you and Licensor, and it supersedes any prior proposal, representation, or understanding between the parties. The Licensor reserves the right to alter this agreement. If you do not agree to the terms of this License Agreement, do not install or use the Software.
Copyright
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
Grant of License
- You may install and use the Software on any web site under development.
- Licensor grants you the right to perform one installation of the Software on a single ExpressionEngine website; each installation of the Software on an additional ExpressionEngine website requires an additional license. If you are using EllisLab's Multiple Site Manager expansion or any other multiple-site method from a single ExpressionEngine installation, you are required to purchase a license for each public web site that makes use of the Software.
- You may make copies of the Software as required for backup and archival purposes.
Restrictions
Unless you have been granted prior, written consent from Licensor, you may not:
- Reproduce, distribute, or transfer the Software, or portions thereof, to any third party.
- Resell, redistribute or transfer a modified or derivative version of the Software without prior written consent from Licensor.
- Sell, rent, lease, assign, or sublet the Software or portions thereof.
- Grant rights to any other person or entity.
- Use the Software in violation of any United States or international law or regulation.
- Remove or alter any copyright and proprietary notices and logos within the Software files or the Control Panel.
Termination
Without prejudice to any other rights, Licensor may terminate this License Agreement if you fail to comply with the terms of this License Agreement. In such event, you must uninstall and destroy copies of the Software in your possession.
Assignment
This License Agreement may not be assigned by you without the prior written consent of Licensor, as applicable; provided, however, that Licensor shall be permitted to assign, without the consent of any other party, all, but not less than all, of its rights, duties and obligations under this Agreement in connection with the sale of its entire or substantially its entire business, whether by merger, consolidation, sale of stock or equity interest, sale of all or substantially all assets or otherwise.
Indemnity
You agree to indemnify and hold harmless Licensor for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Software, or a violation of any terms of this license.
Disclaimer of Warranty
LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FO THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Licensor DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, OR LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE. Licensor MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
Limitations of Liability
In no event shall Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Arbitration
All disputes, controversies, or claims arising out of or relating to this contract shall be submitted binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
