LICENCE AGREEMENT FOR ALL EASIBASE SCRIPTS AND USE OF THESE SCRIPTS YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE EASIBASE SCRIPT OR SCRIPTS INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, THEN DO NOT INSTALL, COPY AND/OR USE THE EASIBASE SCRIPTS. DEFINITIONS The following definitions shall apply in this document: EASISCRIPT shall mean the easibase PHP script package or collection of scripts, including any modifications or upgrades to these scripts, and any associated documentation or electronic or online materials relating to the scripts. SUPPLIER shall mean easibase.com USER/YOU shall mean any entity who has downloaded or obtained through any other means a licensed version of the easibase scripts. 1 LICENSE ENTITLEMENT 1.1 Any EASISCRIPT license allows the USER to use one or more copies of that licenced script on one domain for that license. 1.2 The provider grants a personal, non-transferable, non-exclusive licence to use the EASISCRIPT in accordance with the terms and conditions of this Licence Agreement. 1.3 The installation or downloading and use of the EASISCRIPT entitles the USER to install and use the EASISCRIPT for its own lawful purposes. 2 DISTRIBUTION 2.1 Licensed copies of EASISCRIPT may not be freely distributed to third parties. 2.2 Unlicensed copies of EASISCRIPT may be freely distributed to third parties. 2.3 The EASISCRIPT may under no circumstances be branded as another product, whether distributed or not. 2.4 Distribution as part of another commercial product is not permitted. 3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION Except insofar as the user is permitted to do so in accordance with applicable law: 3.1 Any analysis of EASISCRIPT files by any means and by any entity whether human or otherwise and including but without limitation to discover details of file format or for the purposes of modifying behaviour or scope of their usage is forbidden. 4 WARRANTY THE EASISCRIPT IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE EASISCRIPT IS UNINTERRUPTED OR ERROR FREE, NOR THAT THE OPERATION OF THE EASISCRIPT WILL FUNCTION IN CONJUNCTION WITH ANY OTHER PRODUCT. 5 LIMITATION OF LIABILITY 5.1 IN NO EVENT WILL THE PROVIDER OF THE EASISCRIPT BE LIABLE TO THE USER OR ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENCE AGREEMENT OR ANY USE OF THE EASISCRIPT OR ENCODED FILES, EVEN IF THE PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5.2 THE EASISCRIPT IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE EASISCRIPT TO THE FULLEST EXTENT PERMITTED BY LAW. 5.3 DOWNLOADING THE EASISCRIPT IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE EASISCRIPT. WHILST THE PROVIDER WILL DO ITS BEST TO ENSURE THAT THE EASISCRIPT IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET. 5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS LICENCE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE PROVIDER TO THE REPLACEMENT OF THE EASISCRIPT PRODUCT. 5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING TRANSMISSION. 6 BUG FIXING AND PRODUCT SUPPORT 6.1 The provider will use reasonable endeavours to provide support to users. The provider will at their discretion only provide support for the latest release of the EASISCRIPT. 6.2 Support comprises of fault reporting via e-mail and fault diagnosis, recommendations on workaround, and where reasonably possible a timely resolution. 6.3 The user accepts that on occasion the ability of the provider to meet anticipated or published support schedules may be impaired due to, but without limitation, Internet service provider failures or software failures that affect the ability to communicate for an indeterminate period. 6.4 The provider reserves the right to refuse to provide support at any time. 6.5 The provider wishes to maintain and offer a product of the highest possible quality, and accordingly may from time to time and at its discretion make product changes for the purpose of correcting behaviour in variance to the published specification or the user's reasonable expectations. 7 PRODUCT UPGRADES 7.1 The provider may from time to time release product upgrades. These may or may not be provided free of charge. 8 ERRORS AND OMISSIONS Whilst reasonable endeavours are made to ensure the accuracy of documentation concerning the details of the EASISCRIPT, the user accepts the possibility of inaccuracies in information presented in any format, including email communications and online services. The provider shall under no circumstances be liable for any events that arise as a result of unintentional inaccuracies or omissions. 9 USER INDEMNITY You agree to fully indemnify, defend and hold the provider harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal/attorney fees) incurred by the provider arising directly or indirectly as a result of your breach of this Licence Agreement. 10 INTELLECTUAL PROPERTY RIGHTS 10.1 The user acknowledges that the EASISCRIPT and associated documentation and materials contain proprietary information of the provider and are and shall remain the exclusive property of the provider and/or its licensors and all title, copyright, trade marks, trade names, patents and other intellectual property rights therein of whatever nature shall remain the sole property of the provider and/or its licensors. 10.2 No title to or rights of ownership, copyright or other intellectual property in the EASISCRIPT is transferred to the user (other than the licence rights expressly granted in this Licence Agreement). 11 TERMINATION 11.1 The provider reserves the right to terminate this Licence Agreement immediately by notice in writing against the user if the user is in breach of any terms and conditions of this Licence Agreement. 11.2 Termination of this Licence Agreement for any reason shall be without prejudice to any other rights or remedies of the provider which may have arisen on or before the date of termination under this Licence Agreement or in law. 11.3 The provisions of the following clauses shall survive any termination of this agreement; clause 3, 5, 10 and 13. 12 GENERAL 12.1 The provider reserves the right to transfer or assign all or any of its rights and duties and responsibilities set out in this Licence Agreement to another party. 12.2 Headings have been included for convenience only and will not be used in construing any provision of this Licence Agreement. 12.3 No delay or failure by the provider to exercise any powers, rights or remedies under this Licence Agreement will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them. 12.4 This Licence Agreement including the documents or other sources referred to herein supersede all prior representations, understandings and agreements between the user and the provider relating to the EASISCRIPT and sets forth the entire agreement and understanding between the user and the provider relating to the EASISCRIPT. 12.5 Nothing in this Licence Agreement shall be deemed to constitute a partnership between you and the provider nor constitute either party being an agent of the other party. Copyright (c) 2006 easibase.com Last revised 1-Oct-2006