PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING OUT SOFTWARE (AS DEFINED BELOW). BY USING OUR SOFTWARE , YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Grant of License. Subject to your compliance with the terms and conditions of this License, Smarty Plugins hereby grants you (and only you) a limited, personal, non-sublicensable (except as set forth below), non-transferable, nonexclusive license to use Smarty Plugins and documentation accompanying this License, whether on disk, memory or an any other media or in any other form (the “Smarty Plugins ”) only in connection with the number of Sites (as defined in your purchase order) set forth in Section 4. As between you and Smarty Plugins , title, ownership rights, and intellectual property rights in and to Smarty Plugins Software, and any copies or portions thereof, shall remain in Smarty Plugins and its suppliers or licensors. No other rights, express or implied, are granted by this license, and Smarty Plugins reserves all rights not expressly granted to you herein.
Restrictions. You may not modify, decompile, duplicate reverse-engineer or attempt to discover the source code or structure, sequence or organization of Smarty Plugins . Without limiting the foregoing, if any modifications are made to Smarty Plugins , no support will be provided by Smarty Plugins . You may not remove any proprietary notices from Smarty Plugins , including any copy of this License provided therewith. Except as expressly set forth in this License, you may not distribute, rent, lease, sublicense, lend or sell any version of Smarty Plugins to any other person or business. Smarty Plugins may not be used for, or in conjunction with, any illegal services, products or practices whatsoever.
Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Smarty Plugins if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of Smarty Plugins and destroy all copies, full or partial, of Smarty Plugins . Sections 2 through 15 shall survive any termination or expiration of this License.
Indemnity. You agree that Smarty Plugins shall have no liability whatsoever for any use you or any third party make of Smarty Plugins Software. You hereby agree to indemnify and hold harmless Smarty Plugins from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from claims related to your use, and your customers’ use, of the Software.
Refunds & Support. Smarty Plugins is sold “AS IS” and any refunds will be given at our sole discretion. All software has bugs, and if you discover one, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any support, upgrades, patches, enhancements, or fixes for Smarty Plugins (collectively, “Support”). Without limiting the foregoing, any such Support for Smarty Plugins that may be made available by Smarty Plugins shall become part of Smarty Plugins Software and subject to this License.
