Location: PHPKode > projects > BotDetect CAPTCHA > BotDetect-PHP-CAPTCHA-Component-vAlpha1-Build201202051720/license.txt
BotDetect PHP CAPTCHA 3.0 Alpha1 End User License Agreement (the ‘Agreement')

Notice to user:
This is a legal document between you (the 'Licensee'), either an individual or a legal entity, and Lanapsoft, Inc ('Lanapsoft').
It is important that you read this document before using the Lanapsoft-provided software and accompanying sound package files, documentation, demos, and samples (the 'Software') for generation of CAPTCHA challenges (‘Captcha Challenges’).
By using the Software and subsequently the Captcha Challenges, you agree to be bound by the terms of this Agreement.
If you do not agree, you are not licensed to use the Software and Captcha Challenges, and you must delete and/or destroy any copies of the Software and Captcha Challenges in your possession or control.


Definitions:


Captcha Image:
For the purpose of this Agreement CAPTCHA image is the image part of a Captcha Challenge generated by the Software (‘Captcha Image’).


Captcha Sound:
For the purpose of this Agreement CAPTCHA sound is the sound part of a Captcha Challenge generated by the Software (‘Captcha Sound’).


Domain: For the purpose of this Agreement domain ('Domain') is defined as a single second (or third) level domain as defined by ICANN rules dependent of a domain hierarchy of a particular Top-Level-Domain where a domain belongs.
For instance: domain.com, domain.co.uk. In the both cases domain is the Domain for the purpose of this Agreement.


Server:
For the purpose of this Agreement server ('Server') is defined as a physical computing device, not as a virtual machine running on top of some virtualization software. A Server running several virtual machines is considered as a single Server.


Branch:
The Software is a part of the 3.X.X branch ('Branch') of the BotDetect PHP CAPTCHA software.


1. Grant of License
Lanapsoft grants to the Licensee a worldwide, non-exclusive, non-transferable, license (the 'License') to download, install and use the Software and to use, by the Software, on-the-fly-generated Captcha Challenges under the terms and conditions specifically set out in this Agreement.

If the Licensee use the Software on the evaluation basis prior to purchasing the License then the following applies:


F R E E   E V A L U A T I O N   L I C E N S E
Free evaluation license ('Free Evaluation License') is granted to Licensee to use the free evaluation version of the Software (‘Free Version’) on any number of Servers and on any number of Domains for an unlimited length of time with the following limitations:[a]


a) The Free Version contains BotDetect trademark (‘BotDetect Trademark’) on a certain percentage of Captcha Images. 
Licensee must not in any way remove or prevent BotDetect Trademark from appearing on those Captcha Images.


b) The Free Version replaces a certain percentage of Captcha Sounds with a “sound demo” (‘Sound Demo’) sound notifications.
Licensee must not in any way remove or prevent Sound Demo from appearing in those Captcha Sounds.
Lanapsoft explicitly allow Licensee to completely turn-off the sound functionality of the Software.


c) Licensee must not filter-out Captcha Challenges containing the BotDetect Trademark or the Sound Demo in them.


d) The Free Version contains a promotional link attached to the Captcha Images (‘Promotional Link’) pointing to any CAPTCHA related website of Lanapsoft’s choice.
The Licensee must not interfere with the Promotional Link in any way including but not limited to the following:
d-1) by removing the Promotional Link altogether, or
d-2) by altering the Promotional Link to point to a different website, or
d-3) by making the Promotional Link SEO-unfriendly by putting it inside of “no-follow” or some other similarly functioning HTML tags, or
d-4) by making the Promotional Link invisible or unclickable through the use of CSS, Javascript, Flash or any other technology.


e) The Licensee must not use the Free Version for displaying of Captcha Challenges on more than 1000 Uniform Resource Locators (‘URLs’) per Domain. Since Free Version does not provide any mechanism for enforcing this limitation it is the Licensee responsibility to ensure its compliance.




2. Term and termination:
The License granted under this Agreement terminates (without prior notice) when the Licensee fails to comply with this Agreement.
Upon such termination the Licensee must delete and/or destroy all copies of the Software.

3. Restrictions on use of the Software:
The Licensee acknowledges that the Software represents and embodies valuable trade secrets of Lanapsoft and/or its suppliers, affiliates and licensors.
Except in accordance with the terms of this Agreement, the Licensee agrees:
a) Not to decompile, disassemble, reverse engineer or otherwise attempt to derive the Software's source code from object code except to the extent expressly permitted by applicable law or treaty despite this limitation.
b) Not to use, copy, modify, or merge copies of the Software, or any part of the Software, except as explicitly permitted in the License. 
c) Not to sell, rent, lease, license, sub license, display, time share, assign, delegate, outsource or otherwise transfer the Software to any third party.
d) Not to disclose to any third party the results of any performance / benchmark tests run on the Software without the prior written consent of Lanapsoft.

4. Applicability:
The Licensee acknowledges that the Software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment, systems and facilities in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.


5. Third party software:
The Licensee acknowledges that the Software may be dependent on, and distributed together with the software made by various third parties. In order to use the Software Licensee must accept and comply with those third parties' software licenses. Copies of third parties' licenses are provided in separate documents in accordance with those licenses.

6. Ownership of the Software and copyrights:
The ownership of all copies of the Software remains with Lanapsoft and/or its suppliers, affiliates and licensors. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. The Licensee may not remove any copyright notices or licenses from the Software. Except as otherwise expressly provided, Lanapsoft grants no express or implied right under Lanapsoft and/or its suppliers, affiliates and licensors patents, copyrights, trademarks, or other intellectual property rights.


7. Contributions: 
The Licensee hereby grants to Lanapsoft an irrevocable, worldwide, exclusive, royalty-free license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any contribution including oral or written feedback, ideas, materials, fixes, error corrections, enhancements, suggestions and the like that the Licensee provides to Lanapsoft.

8. Copyright, ownership, and restrictions on use of Captcha Challenges:
a) The ownership of all copies of the Captcha Challenges remains with Lanapsoft and/or its suppliers, affiliates and licensors. The Captcha Challenges are copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. The Licensee may not remove any copyright notices or licenses from the Captcha Challenges. Except as otherwise expressly provided, Lanapsoft grants no express or implied right under Lanapsoft and/or its suppliers, affiliates and licensors patents, copyrights, trademarks, or other intellectual property rights.
b) The Licensee cedes to Lanapsoft all the intellectual property rights (including copyright) that Licensee as a user of the Software (‘User’) and as a computer running the Software (‘Computer’) might have under certain legal interpretations of the intellectual property laws over Captcha Challenges generated by the Software.
c) The Licensee as the User and as the Computer waives the right to sue Lanapsoft in order to challenge Lanapsoft’s intellectual property rights (including copyright) over the Captcha Challenges.
d) The Licensee as the User and as the Computer waives the right to invoke any argument challenging Lanapsoft’s intellectual property rights (including copyright) over the Captcha Challenges in any future legal proceeding that may arise in between Licensee and Lanapsoft.
e) The Licensee is explicitly forbidden to save Captcha Challenges onto any permanent or temporary storage medium including but not limited to databases with the only exception of this rule being temporary storing of up to last 1000 Captcha Challenges on-the-fly-generated by the Software that can be used for the debugging purposes only and must be deleted immediately following the end of the debugging process.


9. Upgrades; Compatibility:
Release of future versions ('Upgrades') of the Software (if any) is at Lanapsoft's sole discretion. Lanapsoft provides no assurance that it will ever produce or make generally available any Upgrades of the Software.


The software is subject to change at any time at Lanapsoft's sole discretion. Lanapsoft provides no assurance that any future Upgrades are going to be backward compatible with this version of the Software, or that there is going to be any prior notice regarding such incompatibility.

10. Cost of Upgrades:
If Lanapsoft releases any Upgrade within this Branch of the Software the Licensee is entitled to use it instead of this version at no additional charge provided that the Licensee accept the license that will govern the use of the Upgrade.
The Licensee acknowledges that it may be required to pay the full price of the License if it wishes to upgrade to any Upgrade that is not within this Branch of the Software.

11. License changes:
Lanapsoft retain all rights to change this license in the Upgrades of the Software.

12. Technical support:
Technical support is not included in the Free Evaluation License.
Responding to technical support requests is at Lanapsoft's sole discretion.
Even if in a particular case Lanapsoft decide to provide technical support that shall not mean that any subsequent request is going to be honored by Lanapsoft.

13. Disclaimer of warranties:
The Software may contain errors that could cause failures or loss of data, be incomplete or contain inaccuracies. THE LICENSEE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT LICENSEE'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED 'AS IS', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LANAPSOFT AND ITS SUPPLIERS, AFFILIATES AND LICENSORS (COLLECTIVELY REFERRED TO AS 'LANAPSOFT' FOR THE PURPOSES OF SECTIONS 13, 14) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LANAPSOFT DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LANAPSOFT OR AN LANAPSOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LANAPSOFT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LANAPSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Lanapsoft's total liability to Licensee's for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Indemnification:
The Licensee agree to defend, indemnify and hold harmless Lanapsoft, where applicable, against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency or liability (including, without limitation, attorneys' fees) imposed upon, incurred by or asserted against Lanapsoft, where applicable, that result from or are alleged to result from:
a) Any failure to comply with this Agreement.
b) Any acts, misrepresentations or omissions in connection with this Agreement.
c) Any warranty, condition, representation or indemnity granted by the Licensee for the Software.

16. Export law assurances:
The Licensee may not use, download 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 countries or
b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List.
By downloading and/or use of the Software, the Licensee represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.

17. U.S. government end users:
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and computer Software clause at DFARS 252.277-7013, and paragraph (c)(1) and (2) of the commercial Computer Software - Restricted Rights clause at FAR 52,277-19. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. consistent with 48 C.F.R. 12.212 and C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein.

18. Controlling law and severability:
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, shall not govern this Agreement. 
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

19. Complete agreement; Governing language:
This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Lanapsoft. Any translation of this Agreement (if any) is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this Agreement shall govern.
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