tppAJAX
tppAJAX v2.1 - 10/28/2008

License For tppAJAX



IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of TMLA INC Software ("LICENSE") is the agreement which governs use of the tppAJAX software of TMLA INC herefrom ("SOFTWARE").

By purchasing, downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not purchase, download or install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document.

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A. DEFINITIONS

CUSTOMER. Customer means the entity or individual that downloads or otherwise obtains the SOFTWARE who has paid a licensing fee.

DOMAIN NAME. A DOMAIN NAME is defined as the portion of a website's address that is the Top Level Domain plus the domain name but not the host name. Examples of TLD's are: .com, .net, .org. The most common host name is www.

an example of a DOMAN NAME is: example.com

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B. GRANT OF LICENSE
Rights and Limitations of Grant. TMLA INC hereby grants CUSTOMER the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:

Rights. CUSTOMER may install and use as many copies of the SOFTWARE on a SINGLE DOMAIN NAME that is the LEGAL PROPERTY of CUSTOMER or on behalf of the legal owner of the DOMAIN NAME and except for making UNUSED back-up copies of the Software, may not otherwise copy the SOFTWARE.


Limitations.
You must have paid for a license for this agreement to be valid.

No Separation of Components. The SOFTWARE is licensed as a single product.

No Rental. CUSTOMER may not rent or lease or make available as part of a hosting package the SOFTWARE to someone else even if no fees are collected.

When source code is supplied with the SOFTWARE, there is no license to CUSTOMER to re-distribute SOFTWARE or derivitives of SOFTWARE. The source code is provided as a courtesy and is not sold or otherwise made the property of CUSTOMER. TMLA INC retains ownership of SOFTWARE code.

If source code is provided, CUSTOMER may make modifications to the SOFTWARE code for CUSTOMER'S own use, but may not redistribute these modifications.

Any Javascript code that comes with the SOFTWARE is encoded and obfuscated to hide the inner-workings of the Javascript code. This is to make it difficult for visitors to CUSTOMER'S website to reverse engineer the SOFTWARE. CUSTOMER may not decompile, reverse engineer or otherwise change any Javascript SOFTWARE, or code. CUSTOMER is required to leave the legal notice on the top of the Javascript code file intact. CUSTOMER is not given a license to distribute the Javascript code in any way to any party except as it is designed - in the course of normal website operations where the Javascript is loaded and invoked as part of the CUSTOMER'S WEBSITE operation to provide functionality on CUSTOMER'S WEBSITE. CUSTOMER may not distribute the Javascript code via download link or email, or any other medium except as a script that is loaded via a <SCRIPT> tag within the HTML source of a WEBSITE page.

In other words: you may use the Javascript as part of your page, but may not otherwise distribute it for any other purpose, including but not limited to, downloads of the Javascript by itself.

The principle is: Don't make money off TMLA INC's Javascript code and don't allow someone else to avoid paying TMLA INC money for a license.

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C. TERMINATION

This LICENSE will automatically terminate if CUSTOMER fails to comply with any of the terms and conditions hereof. In such event, CUSTOMER must destroy all copies of the SOFTWARE and all of its component parts - including backup copies.

Defensive Suspension. If CUSTOMER commences or participates in any legal proceeding against TMLA INC, then TMLA INC may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE.

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D. COPYRIGHT

All title and copyrights in and to the SOFTWARE and any copies of the SOFTWARE, are owned by TMLA INC. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, CUSTOMER is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make unused copies of the SOFTWARE solely for backup or archive purposes.

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E. APPLICABLE LAW

This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Kansas. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

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F. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TMLA INC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TMLA INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TMLA INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENSE OR U.S. $5.


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G. MISCELLANEOUS

If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.

This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of TMLA INC and by CUSTOMER.

CUSTOMER agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations.

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