SANITY LLC (sanityllc.com)
SOFTWARE - MAJOR VERSION 2014
Copyright (C) 2014 Sanity LLC.

END-USER LICENSE AGREEMENT
FOR PRODUCTS INCLUDED IN THIS DISTRIBUTION

IMPORTANT NOTICE - READ CAREFULLY:

This License For Customer Use of SANITY Software ("LICENSE") is the agreement which governs use of the software of SANITY LLC and its subsidiaries ("SANITY") downloadable herefrom, including computer software and associated printed materials ("SOFTWARE"). By 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 download the SOFTWARE. This SOFTWARE may or may not implement, extend, or otherwise interact with Open Source products.

RECITALS

Use of SANITY's products requires three elements: the SOFTWARE, web server software, and a web server. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is sold, and is only licensed for use, strictly in accordance with this document. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.

1 DEFINITIONS

(“SANITY”) End-User License Agreement

("CUSTOMER") means the entity or individual that downloads the SOFTWARE, installs the software, operates any portion of the web site in any form of administrative function, or is a third-party acting on behalf of the CUSTOMER.

(“SOFTWARE”) are the software products, tools, demos, intermediate files, media, printed materials, and “online” or electronic documentation.

2. GRANT OF LICENSE.

Subject to all the terms and conditions of this LICENSE, SANITY grants CUSTOMER a non-exclusive, non-transferable license to install and use the SOFTWARE included in this distribution as authorized below:

2.1 INDIVIDUAL USE LICENSE.

SANITY licenses the SOFTWARE on a per-domain name basis and provides access to functionality and reports of information stored on the server using a Client Access License (“CALs”) model which encrypts the code and locks it to a domain name and IP Address. Refer to Section 8 of this LICENSE for more information.

2.2 BUSINESS AND GOVERNMENT USE LICENSE.

SANITY licenses the SOFTWARE on a per-domain-name and per IP Address basis and provides access to functionality and reports of information stored on the server using a Client Access License (“CALs”) model. If you are a business or government entity, you may install and use the SOFTWARE on a single server by purchasing the SOFTWARE from SANITY or its authorized resellers. A separate CAL must be purchased for each domain name and IP Address the SOFTWARE is installed on. User. Refer to Section 8 of this LICENSE for more information.

2.3 THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE.

If the SOFTWARE you have obtained is marked as a “TRIAL” or “EVALUATION,” you may install the SOFTWARE on a single server for evaluation purposes only, for a period of 30 calendar days from the date of installation (“Evaluation Period”). Upon expiration of the Evaluation Period, the SOFTWARE must be uninstalled and all copies destroyed.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.

4. SEPARATION OF COMPONENTS.

The SOFTWARE is licensed as a single product. The SOFTWARE and its constituent parts may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by CUSTOMER. The provision of source code, if included with the SOFTWARE, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All SANITY libraries, source code and other files remain SANITY’s exclusive property.

5. RENTAL.

CUSTOMER may not rent, lease, or lend the SOFTWARE.

6. TRANSFER.

CUSTOMER may NOT permanently or temporarily transfer ANY of your rights under this LICENSE to any individual or business or government entity without prior written approval from SANITY. Only you as the licensed CUSTOMER have the right to use the SOFTWARE.

7. COPYRIGHT.

All title and copyrights in and to the SOFTWARE (including but not limited to any SANITY trademarks, images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE) are owned by SANITY or its subsidiaries.

The SOFTWARE is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install and use the SOFTWARE as described in this LICENSE.

8. SOFTWARE LICENSING AND CLIENT ACCESS LICENSES (CALs)

SANITY licenses the SOFTWARE on a per-domain-name basis. A CUSTOMER will be eligible to receive all minor updates for each major version of the SOFTWARE. If a new major version of the SOFTWARE is released by SANITY, CUSTOMER can optionally purchase an upgrade to the new major version of the SOFTWARE from SANITY.

If the SOFTWARE is labeled as an update, you must be properly licensed to obtain the updated SOFTWARE. A SOFTWARE labeled as an update replaces and/or supplements the SOFTWARE that formed the basis for your eligibility for the update, and together constitutes a single product. You may only use the updated product in accordance with all the terms of this LICENSE.

CALs do not expire and are perpetual regardless of the SOFTWARE version installed on your server.

Pricing for the SOFTWARE and CALs are listed on sanityllc.com and subject to change with or without notice.

Pricing for the SOFTWARE is established by separate contract between CUSTOMER and SANITY.

SANITY reserves the right to discontinue the SOFTWARE or its constituents, at any time.

SANITY reserves the right to encrypt, compile, and obfuscate SOFTWARE.

SANITY reverse the right to protect the SOFTWARE using third-party mechanisms designed to limit in functionality accordance with all the terms of this LICENSE.

9. DOWNLOAD of SOFTWARE.

The SOFTWARE will be made available for purchase, update, and support from SANITY exclusively.

The SOFTWARE will only be made available to CUSTOMER via IONCube, Zend Guard, and other protection mechanisms.

10. EXPORT RESTRICTIONS.

SANITY expressly complies with all export restrictions imposed by the government of the United States of America. You, as CUSTOMER, must agree not to export or re-export the SOFTWARE within any created application to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

11. DISCLAIMER OF WARRANTY.

SANITY expressly disclaims any warranty for the SOFTWARE.

11.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND SANITY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your server software, operating system, and computer hardware.

11.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SANITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LIMITATIONS ON LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CUSTOMER accepts LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW and understand that the SOFTWARE may produce inaccurate results because of a failure or fault within the SOFTWARE or failure by CUSTOMER to properly use and or deploy the SOFTWARE. CUSTOMER assumes full and sole responsibility for any use of the SOFTWARE, and bears the entire risk for failures or faults within the SOFTWARE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND SANITY’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL SANITY’S LIABILITY EXCEED THE PRICE PAID TO SANITY FOR THE SOFTWARE. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE.

13. INDEMNIFICATION.

You hereby agree to indemnify SANITY and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including attorney’s fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the SOFTWARE included herein.

14. SUPPORT SERVICES.

SANITY may provide you with support services related to the SOFTWARE (“Support Services”).

Use of Support Services is governed by SANITY policies and programs described in the user manual, in “on line” documentation and/or other SANITY provided materials. Any supplemental product or information provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this LICENSE. With respect to technical information you provide to SANITY as part of the Support Services, SANITY may use such information for its business purposes, including for SOFTWARE support and development.

15. TERMINATION.

Without prejudice to any other rights or remedies, SANITY will terminate this LICENSE upon CUSTOMER failure to comply with all the terms and conditions of this LICENSE. In such events, CUSTOMER must destroy all copies of the SOFTWARE and all of its component parts including any related documentation, and must remove ANY and ALL use of SANITY intellectual property from all computers, whether in native, altered or compiled states.

Defensive Suspension. If Customer commences or participates in any legal proceeding against SANITY, then SANITY may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.

16. TAX.

SANITY delivers its software electronically and does not collect sales or use tax for residents of US states in which it operates. You should confirm that your local, state, or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.

17. MISCELLANEOUS.

This LICENSE shall be construed, interpreted and governed by the laws of the State of Florida, U.S.A. This LICENSE gives you specific legal rights; you may have others that vary from state to state and from country to country.

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 you and an authorized officer of SANITY LLC. If any provision of this LICENSE 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 the Limited Warranty shall remain in effect.

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 Industry and Security or any export laws, restrictions or regulations.

SANITY reserves all rights not specifically granted in this LICENSE.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON INSTALLATION AND/OR USE of THE SOFTWARE INCLUDED IN THIS DISTRIBUTION.

Copyright (C) 2011-2014 Sanity LLC.

All trademarks and registered trademarks are property of their respective owners.

Should you have any questions concerning this LICENSE, contact us directly in the United States at +1 (386) 322 7999, or write: Sanity LLC Legal department / 1216 Continental Drive Daytona Beach, FL 32117.

Added: 2011-11-07 09:00:00
Updated: 2015-07-15 14:47:06