244 lines
10 KiB
Plaintext
244 lines
10 KiB
Plaintext
LICENCE AGREEMENT FOR THE IONCUBE PHP LOADER, PROVIDED TO ENABLE THE USE
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OF IONCUBE ENCODED FILES AND AS PART OF THE IONCUBE24 SERVICE (ioncube24.com)
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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
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LOADER SOFTWARE. THE INSTALLATION AND/OR USE OR COPYING OF THE IONCUBE PHP
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LOADER SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT. IF YOU
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DO NOT ACCEPT THE TERMS OF THIS LICENCE AGREEMENT, DO NOT INSTALL, COPY
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AND/OR USE THE LOADER SOFTWARE.
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DEFINITIONS
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The following definitions shall apply in this document:
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LOADER shall mean the ionCube PHP Loader software package or collection
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of Loaders, including any modifications or upgrades to the software, used for
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executing PHP scripts previously encoded with the ionCube PHP Encoder
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software to render them non-humanly readable, and any associated
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documentation or electronic or online materials relating to the software.
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ENCODER shall mean any ionCube PHP Encoder software or service used for the
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purpose of producing non-humanly readable encoded files from PHP scripts.
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ENCODED FILE shall mean a non-humanly readable file produced by the
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Encoder and being derived from humanly readable PHP script source.
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PROVIDER shall mean ionCube Ltd.
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USER/YOU shall mean any entity who has downloaded or obtained through any
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other means a version of the Loader software.
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1 LICENSE ENTITLEMENT
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1.1 The Loader is provided without charge. Title to the Loader does not pass
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to the user in any circumstances. The Loader is supplied as object code.
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1.2 The provider grants a personal, non-transferable, non-exclusive licence to
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use the Loader in accordance with the terms and conditions of this Licence
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Agreement.
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1.3 The installation or downloading and use of the Loader entitles the user
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to install and use the Loader for its own internal lawful purposes.
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2 DISTRIBUTION
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2.1 The Loader may be freely distributed to third parties alone or as
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part of a distribution containing other items provided that this license
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is also included.
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2.2 The Loader may under no circumstances be branded as another product,
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whether distributed or not.
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2.3 Distribution as part of a commercial product is permitted provided such
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distribution is in accordance with clauses 2.1 and 2.2 with respect to the
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Loader.
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3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
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Except insofar as the user is permitted to do so in accordance with applicable
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law:
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3.1 Any analysis of the Loader and embedded data by any means and by
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any entity whether human or otherwise and including but without limitation to
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discover details of internal operation, to reverse engineer, to de-compile
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object code, or to modify for the purposes of modifying behaviour is
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forbidden.
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3.2 Any analysis of encoded files by any means and by any entity whether human
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or otherwise and including but without limitation to discover details of file
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format or for the purposes of modifying behaviour or scope of their usage is
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forbidden.
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4 WARRANTY
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THE LOADER SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
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WARRANTIES INCLUDING BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES
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OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
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DISCLAIMED. THE PROVIDER DOES NOT WARRANT THAT THE LOADER IS UNINTERRUPTED
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OR ERROR FREE, NOR THAT THE OPERATION OF THE LOADER WILL FUNCTION IN
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CONJUNCTION WITH ANY OTHER PRODUCT.
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5 LIMITATION OF LIABILITY
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5.1 IN NO EVENT WILL THE PROVIDER OF THE LOADER BE LIABLE TO THE USER OR ANY
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PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER
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CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENCE
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AGREEMENT OR ANY USE OF THE LOADER OR ENCODED FILES, EVEN IF THE PROVIDER IS
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EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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5.2 THE LOADER IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL
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WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING
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FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR
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OTHERWISE IN CONNECTION WITH THE LOADER TO THE FULLEST EXTENT PERMITTED BY
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LAW.
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5.3 DOWNLOADING THE LOADER IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT
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ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS
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A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
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OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE LOADER. WHILST THE
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PROVIDER WILL DO ITS BEST TO ENSURE THAT THE LOADER IS FREE FROM SUCH
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DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS
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TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.
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5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS
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LICENCE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE
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PROVIDER TO THE REPLACEMENT OF THE LOADER PRODUCT.
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5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY
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E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY
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THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
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TRANSMISSION.
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6 BUG FIXING AND PRODUCT SUPPORT
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6.1 The provider will use reasonable endeavours to provide support to users.
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The provider will at their discretion only provide support for the latest
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release.
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6.2 Support comprises of fault reporting via tickets and fault diagnosis,
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recommendations on workarounds, and where reasonably possible a timely
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resolution.
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6.3 The user accepts that on occasion the ability of the provider to meet
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anticipated or published support schedules may be impaired due to, but without
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limitation, Internet service provider failures or software failures that
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affect the ability to communicate for an indeterminate period.
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6.4 The provider reserves the right to refuse to provide support at any time.
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6.5 The provider wishes to maintain and offer a product of the highest
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possible quality, and accordingly may from time to time and at its discretion
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make product changes for the purpose of correcting behaviour in variance to
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the published specification or the user's reasonable expectations.
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6.6 The provider reserves the right to charge for support where the user does
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not have a valid support plan in place, or where the support offered exceeds
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the scope of the active support plan.
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7 PRODUCT UPGRADES
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7.1 The provider may from time to time release product upgrades. These will
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be provided free of charge and attempts made to provide a timely notification
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to customers of the existence of any new release.
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8 ERRORS AND OMISSIONS
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Whilst reasonable endeavours are made to ensure the accuracy of documentation
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concerning the details of the Loader, the user accepts the possibility of
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inaccuracies in information presented in any format, including email
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communications and online services. The provider shall under no circumstances
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be liable for any events that arise as a result of unintentional inaccuracies
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or omissions.
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9 USER INDEMNITY
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You agree to fully indemnify, defend and hold the provider harmless
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immediately upon demand from and against all actions, liability, claims,
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losses, damages, costs and expenses (including legal/attorney fees) incurred
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by the provider arising directly or indirectly as a result of your breach of
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this Licence Agreement.
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10 INTELLECTUAL PROPERTY RIGHTS
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10.1 The user acknowledges that the Loader and associated documentation and
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materials contain proprietary information of the provider and are and shall
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remain the exclusive property of the provider and/or its licensors and all
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title, copyright, trade marks, trade names, patents and other intellectual
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property rights therein of whatever nature shall remain the sole property of
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the provider and/or its licensors.
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10.2 No title to or rights of ownership, copyright or other intellectual
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property in the Loader is transferred to the user (other than the licence
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rights expressly granted in this Licence Agreement).
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11 TERMINATION
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11.1 The provider reserves the right to terminate this Licence Agreement
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immediately by notice in writing against the user if the user is in breach of
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any terms and conditions of this Licence Agreement.
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11.2 Termination of this Licence Agreement for any reason shall be without
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prejudice to any other rights or remedies of the provider which may have
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arisen on or before the date of termination under this Licence Agreement or in
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law.
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11.3 The provisions of the following clauses shall survive any termination of
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this agreement; clause 3, 5, 10 and 13.
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12 GENERAL
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12.1 The provider reserves the right to transfer or assign all or any of its
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rights and duties and responsibilities set out in this Licence Agreement to
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another party.
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12.2 Headings have been included for convenience only and will not be used in
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construing any provision of this Licence Agreement.
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12.3 No delay or failure by the provider to exercise any powers, rights or
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remedies under this Licence Agreement will operate as a waiver of them nor
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will any single or partial exercise of any such powers, rights or remedies
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include any other or further exercise of them.
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12.4 If any part of this Licence Agreement is found by a court of competent
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jurisdiction or other competent authority to be invalid, unlawful or
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unenforceable then such part shall be severed from the remainder of this
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Licence Agreement which will continue to be valid and enforceable to the
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fullest extent permitted by applicable law.
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12.5 This Licence Agreement including the documents or other sources referred
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to herein supersede all prior representations, understandings and agreements
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between the user and the provider relating to the Loader and sets forth the
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entire agreement and understanding between the user and the provider relating
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to the Loader.
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12.6 Nothing in this Licence Agreement shall be deemed to constitute a
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partnership between you and the provider nor constitute either party being an
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agent of the other party.
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12.7 This Agreement does not create any rights or benefits enforceable by any
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person not a party to it (within the meaning of the U.K.Contracts (Rights of
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Third Parties) Act 1999) except that a person who under clause 12.1 is a
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permitted successor or assignee of the rights or benefits of the provider may
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enforce such rights or benefits.
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13 GOVERNING LAW AND JURISDICTION
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This License Agreement and any issues relating thereto shall be construed and
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interpreted in accordance with the laws of England and subject to the
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exclusive jurisdiction of the English courts.
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Copyright (c) 2002-2022 ionCube Ltd. Last revised 23-April-2015
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