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Datafeed-to-MySQL from PHPmill -- License Agreement

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Datafeed-to-MySQL License

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# PHP|mill Datafeed-to-MySQL 2.11 - Licenced Software              #
# ---------------------------------------------------------------- #
# Copyright © 2005 PHPmill. All Rights Reserved.                   #
# This file may not be redistributed in whole or part.             #
# ------------------ THIS IS NOT FREE SOFTWARE ------------------- #
# ------------------- http://www.phpmill.com --------------------- #
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End User License Agreement for Datafeed-to-MySQL
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Datafeed-to-MySQL ('the Software') is a copyrighted work and is 
also protected under applicable laws. This license provides You
with limited rights to use the Software. PHPmill retains all ownership, 
right, title and interest in, to and of the Software and all copies 
of it. All rights not specifically granted in this license, including 
domestic and international copyrights, are reserved by PHPmill.

By installing or using the Software on Your server, You agree to 
the following terms and conditions. Such agreement is either on Your own 
behalf or on behalf of any corporate entity which employs You or which 
You represent ('Corporate Licensee'). In this Agreement, 'You' includes 
both the purchaser and any Corporate Licensee and 'PHPmill' means PHPmill, 
(http://www.phpmill.com):

Summary:
This software is intended to be used by You only. It must not be accessible 
by the general public or any other users besides You. The code may not be 
altered to allow any persons besides You to access or use the Software 
or files/data generated by the Software. The license is non-transferable.

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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. 
THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, 
PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY 
AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE 
SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE 
AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.

1. TERMS OF LICENSE
This license allows You to:
(a) install and use the Software by You on websites owned by You including 
domain name AND website hosting account or website server.
(b) use the Software for personal use only (i.e. You may not use the Software
for a third party).

2. RESTRICTIONS ON USE
You shall not distribute copies of the Software or transfer the 
Software to any computer or hosting account or website server not owned 
by You. You shall not include in other software, or translate the Software.
You shall not create derivative works based upon the Software. You shall not 
rent, lease, resell, sublicense, assign, distribute or otherwise transfer 
the Software or this license. Any attempt to do so shall void this license.

This Software is intended to be used by You only. It must not be accessible 
by the general public or any other users besides You. The code may not be 
altered to allow any persons besides You to access or use the Software 
or files/data generated by the Software. The password, url of the Software's 
location, website files and data generated must be kept private from third 
parties.

Your license entitles You to install this software on any number of websites 
provided they are owned and operated entirely by You, including owning
the domain name, website hosting account or server, website files not 
copyrighted by third parties, and any databases.

The Software source code may be altered (at Your risk) except portions dealing
with the license agreement and copyrights and other portions as applicable
by this license agreement. You may not alter the source code to bypass
agreement with this license or license verification.

You must have purchased a valid license directly from PHPmill to be able to use 
this Software. If You have obtained this Software by other means or have not
purchased a valid license, You must permanently delete this Software now. Please 
visit http://www.phpmill.com for purchasing information.

3. OWNERSHIP
This license provides You with limited rights to use the Software. 
PHPmill retains all ownership, rights, title and interest 
in, to and of the Software and all copies of it. All rights not 
specifically granted in this license, including domestic and international 
copyrights, are reserved by PHPmill.

4. PROPRIETARY MARKINGS
PHPmill’s logos, product names, manuals, documentation, and 
other support materials are either patented, copyrighted, trademarked, 
constitute valuable trade secrets or are otherwise proprietary to PHPmill. 
You shall not remove, alter, or obscure PHPmill’s copyright, trade mark or 
other proprietary notices from any of the materials contained in this 
package or downloaded together with the Software. You agree not to disclose 
the workings of this Software.

5. DISCLAIMER OF WARRANTIES AND TECHNICAL SUPPORT
The Software is provided to You on an “as is” basis, without any technical 
support or warranty of any kind including, without limitation, any warranty 
or condition of merchantability, fitness for a particular purpose and 
non infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED 
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE 
OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

The software and the accompanying files are sold "As Is" and without 
warranties as to performance of merchantability or any other warrantied 
whether expressed or implied.

PHPmill is not liable for the content of any datafeed files or SQL
that is generated from these files.

You are advised that this Software can overwrite website files and 
database tables. You are strongly encouraged to backup all website
files and databases before using this Software. Additionally, You are 
advised that this Software can be server-intensive and may use more
server resources than are allocated to You or "crash" a server.

PHPmill cannot be held responsible and accepts no liability for any failure
in transmission by You and where for whatever reason Your transmission is 
corrupted fails to arrive or arrives after an undue delay or is received 
in an unintelligible form.

You must assume the entire risk of using the program. ANY LIABILITY OF 
PHPMILL WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE.

In no event will PHPmill be liable to You for any damages, including any 
lost profits, lost savings, loss of data or any indirect, special, 
incidental or consequential damages arising out of the use of or 
inability to use such Software, even if PHPmill has been advised of the 
possibility of such damages. Nothing in this Agreement limits liability 
for fraudulent misrepresentation.

This license gives You specific legal rights and the You may have other 
rights that vary from country to country. Some jurisdictions do not 
allow the exclusion of implied warranties, or certain kinds of 
limitations or exclusions of liability, so the above limitations and 
exclusions may not apply to You. Other jurisdictions allow limitations 
and exclusions subject to certain conditions. In such a case the above 
limitations and exclusions shall apply to the fullest extent 
permitted by the laws of such applicable jurisdictions. If any part of 
the above limitations or exclusions is held to be void or unenforceable, 
such part shall be deemed to be deleted from this agreement and the 
remainder of the limitation or exclusion shall continue in full force 
and effect. Any rights that You may have as a consumer (i.e. a purchaser 
for private as opposed to business, academic or government use) are not 
affected.

6. LIMITATION OF LIABILITY
PHPMILL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL 
OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, 
LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT 
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PHPMILL OR 
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF 
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION 
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION 
OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies 
and limited liability set forth above are fundamental elements of the basis 
of the agreement between PHPmill and You. 

7. TRANSFER OF LICENSE
The license is non-transferable.

8. TERM AND TERMINATION
This license agreement is effective until terminated. You may terminate this 
license agreement at any time by destroying all complete and partial 
copies of the Software in Your possession. This license and Your rights 
hereunder shall automatically terminate if You fail to comply with any 
provision of this license. Upon such termination, You shall cease all use 
of the Software and delete the Software and destroy all copies of the 
Software and other materials related to the Software in Your possession 
or under Your control.

If any of the terms of this Agreement are violated, PHPmill reserves the 
right to revoke the license at any time.
 
Refunds will not be given. All sales are final. Please ask any questions about the
software prior to your purchase by visiting our online forums at
http://www.phpmill.com/forum/

An online demo of the Software is provided and allows testing of your datafeeds
with the software. We make no guarantees that the Software will work properly
with your datafeeds. We encourage you to thoroughly test your datafeeds for 
compatibility with the software before purchasing. We do not provide support for
datafeeds that the Software cannot work with or for datafeeds that the Software
parses incorrectly.

9. GENERAL PROVISIONS
(a) This Agreement shall be governed by the laws of California, United States.
(b) This Agreement contains the complete agreement between the parties with 
respect to the subject matter hereof, and supersedes all prior or 
contemporaneous agreements or understandings, whether oral or written.
(c) All questions, comments or concerns with respect to this Agreement 
shall be directed to: PHPmill, http://www.phpmill.com
(d) From time to time, PHPmill may inspect Your registration integrity. 
The only information verified will be Your license number, the website 
domain name and IP address that the software is being used on and the ownership
of these items according to our purchase records and/or whois information. 
Should PHPmill discover discrepancies in the software usage, be aware that
You may lose Your license and may face legal actions for Software Piracy. 
Your information will not be shared with 3rd parties. Occasionally, it 
is necessary to record Your license number, Your IP address, and IP address 
and domain name that the Software is being use on for security and performance 
monitoring.

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END OF FILE		  
Price: $39.99 USD

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