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LAST UPDATED OCTOBER 27 2005.
LICENSE AGREEMENT.
This Agreement sets forth the terms and conditions for licensing of the Software from CTdeveloping ("Licensor")
This is a legal agreement between you, and Licensor. By installing or using this software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install this software.
Licensor grants you a license to use this software for either:
CTdeveloping Single Server License
The Server License entitles the owner to install CTdeveloping's PayPal DLL for use on a single server for use with a single domain name and one corresponding PayPal account .
CTdeveloping Hosting/Developer Server License
The Hosting/Developer Server License entitles the owner either
(a) to install CTdeveloping's PayPal DLL on an unlimited number of servers which the developer is doing development work for, each use is subject to the terms of a Single Server License. Development work is defined as a reasonable amount of paid web site development work which is billed with a total bill of at least twice the current price of the CTdeveloping Single Server License. Right to use this component as specified above may be revoked at any time for any reason by CTdeveloping.
(b) to install CTdeveloping's PayPal DLL on an unlimited number of servers which are owned and operated by a hosting provider and the ability to use the PayPalAPI.dll advertised.
CTdeveloping Source License
This license is subject to the same terms as the CTdeveloping Hosting/Developer Server License. This license also entitles the owner to the source code of the component. CTdeveloping reserves the right to censor or remove any part of the source code for any reason without question or compensation.
You may NOT modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; rent, host, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software or documentation.
You ,the Licensee, may NOT bundle, distribute, make publicly available, or make privately available the components or any part of their source code to people, websites, or other information systems that do not have license to view or use them.
DISCLAIMER OF WARRANTIES.
THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LICENSOR, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCLUSIVE REMEDY.
Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for use of the Software. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or loss profits, even if Licensor has been advised of the possibility of such damages.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES.
LICENSOR WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
MISCELLANEOUS.
You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and Licensor, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement is not, however to limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be available to it. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
The terms of this agreement may be changed by CTdeveloping at any time. Reasonable attempts to notify the Licensee will be made when such changes occur if they apply to the Licensee.
INTELLECTUAL PROPERTY INDEMNITY
(a) Licensor shall defend and hold Licensee harmless from any claim by a third party that the Software infringes any patent, copyright or trade secret of that third party, provided: (i) Licensor is promptly notified of the claim; (ii) Licensor receives reasonable cooperation from Licensee necessary to perform Licensor's obligations hereunder; and (iii) Licensor has sole control over the defense and all negotiations for a settlement or compromise. The foregoing obligation of Licensor does not apply with respect to Software or portions or components thereof: (i) not supplied by Licensor; (ii) used in a manner not expressly authorized by this Agreement (iii) made in whole or in part in accordance with Licensee's specifications; (iv) modified by Licensee, if the alleged infringement relates to such modification; (v) combined with other products (hardware or software), processes or materials where the alleged infringement would not exist but for such combination; or (vi) where Licensee continues the allegedly infringing activity after being notified thereof and provided modifications that would have avoided the alleged infringement.
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