vbPortal License Agreement

 

License Agreement

 

The installation and use of this product acknowledges your complete understanding and acceptance of the following terms and conditions.  If you do not understand or accept these terms, or you local regulations prohibit "after sale" license agreements, you must cease and desist using this product immediately.

 

Definitions

 

"Software" shall mean the computer program known as "vbPortal" and all associated programs and databases contained on the disks from which you loaded this program and this online manual.

 

"Documentation" shall mean all printed and online documentation material that came with this product and all subsequent documents provided in future releases / updates.

 

"Software Copies" shall mean actual copies of all or any portion of the Software and shall include updates and backups

 

Copyright 

 

This program and the related documentation are copyrighted and protected by United States laws, international copyright treaties and all other applicable national laws.  The sole owner is phpPortals. By accepting this license, the user consents to allow phpPortals to take such measures as it deems appropriate to safeguard its copyrighted interests and protect such interests from infringement.

 

Title

 

Title, ownership rights, and intellectual property rights in and to this software and documentation and derivative works, if any, shall remain the property of phpPortals

 

Licenses

 

phpPortals agrees to grant the user a non-exclusive and non-transferable license to use the specific release version of the Software contained herein.  The rights granted herein are limited to use of the Software, Software copies, and Documentation as defined within this Agreement.  All rights not specifically granted in this Agreement are reserved by phpPortals.

 

Permitted Uses

 

The Licensee may use the Software in the following ways:

 

1.         vbPortal license grants you the right to run one instance (a single installation) of the Software on one web server only and one web site only for each license purchased. Each license may power one instance of the Software on one domain only. For each installed instance of the Software, a separate license is required.

 

 

2.         Make copies of the Software for backup purpose only, which copies the licensee must keep possession of at all times

 

Prohibited Uses

 

The Licensee may not:

 

1.                  Share the Software on a network. Each user must have a licensed copy of the Software i.e., must purchase a separate license to use the Software from phpPortals.

 

2.                  Install the Software on more than one computer.

 

3.                  Use more than one database file in connection with it

 

4.                  Distribute copies of the Software and / or Documentation to others.

 

5.                  Under any circumstances attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Software copies.

 

6.                  Reproduce, transmit, transcribe, store in a retrieval system, or translate into any language the Documentation in any form by any means without the written consent of the copyright holders.

 

7.                  Copy or convert the database structure, in whole or in part, for any use whatsoever.

 

Open Source

 

vbPortal is NOT an open source software product. You must follow the limitations in this software agreement. As described later in this agreement, phpPortals offers specific permission to customize the code for your own needs.

 

vbPortal is packaged to work in conjunction with vBulletin, a commercial forums software product Copyright 2000, 2004, 2005 Jelsoft Enterprises Limited, vbPortal is not a standalone software product in part or whole. vbPortal utilizes vBulletin as its core component.

 

vbPortal is dependent on the current version of vBulletin Copyright 2000, 2004, 2005 Jelsoft Enterprises Limited. which you will be required to purchase and or be a fully Licensed owner to utilize this package of scripts.

 

 

 

Limitations

 

This license grants the user limited rights to use the specific Software, and Documentation as expressly provided by this license.  phpPortals retains title to all the Software, Software Copies, and Documentation.  The Licensee agrees to protect the Software and Documentation, from unauthorized publication, use, reproduction or distribution.

 

Export Controls

 

You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Term

 

The license is effective from the date you receive the Software and Documentation.

 

This license will terminate if the Licensee fails to comply with any term or condition of the Agreement.  Upon such breach, phpPortals reserves the right to terminate the license and seek any remedies which may be available to the company.  Upon notice of termination, the Licensee will be required to return all copies of the Software and Documentation to vbPortal. In these circumstances the Licensee will not be entitled to any refund of amount paid for the license to use the Software or amount paid for support.

 

NO Warranty

 

vbPortal the software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other

warrantee whether expressed or implied.

 

From time to time updates with release notes and or update online manuals that accompany them will constitute attachments to the Documentation. No other warranties are provided either expressed or implied, including but not limited to implied warranties or merchantability or fitness for a particular purpose. The entire risk as to the quality, fitness, and performance of the program is with you. Should the program prove defective, you alone assume the entire cost of servicing, repair, or correction. Some states do not allow the exclusion of implied warranties. As such, the above may not apply to you and you may have other rights not mentioned herein.

 

Restrictions

 

This computer program is protected by copyright laws and international treaties. Unauthorized or unlicensed usage of the code of this program or any portion of it will result in severe criminal and civil penalties, and will be prosecuted to the maximum extent possible under law 

 

In no event shall phpPortals liability for damages to you or any other person exceed the price paid for the licensee to use the Software, regardless of the form of any claim.

 

Indemnity

 

You agree to defend, indemnify, and hold harmless phpPortals and its agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). In the event a Claim is brought against phpPortals, phpPortals shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse phpPortals for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist phpPortals in such defense and any settlement negotiations related thereto, and to reimburse phpPortals for reasonable settlement amounts if any.

 

General

 

All legal issues arising from or related to the use of this software, its forms, manuals, instructions, or any other aspect of the software, shall be construed in accordance with and determined by the laws of the State of California, United States of America, without regard to it conflict of laws principles. By using this service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this service is the United States District Court for the Southern District of California, or if such court lacks subject matter jurisdiction, the state courts of California encompassed within the geographic scope of the Southern District of California. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

 

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and phpPortals with respect to the use of the web site, the Forums, software purchased phpPortals, or commercial dealings with phpPortals.