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-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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-
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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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-
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-DEFINITIONS
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-
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-The following definitions shall apply in this document:
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-
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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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-
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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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-
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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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-
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-PROVIDER shall mean ionCube Ltd.
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-
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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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-
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-
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-1 LICENSE ENTITLEMENT
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-
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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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-
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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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-
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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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-
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-
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-2 DISTRIBUTION
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-
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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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-
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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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-
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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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-
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-3 ANALYSIS / REVERSE ENGINEERING / MODIFICATION
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-
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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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-
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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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-
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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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-
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-4 WARRANTY
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-
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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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-
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-5 LIMITATION OF LIABILITY
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-
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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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-
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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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-
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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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-
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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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-
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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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-
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-6 BUG FIXING AND PRODUCT SUPPORT
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-
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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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-
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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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-
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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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-
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-6.4 The provider reserves the right to refuse to provide support at any time.
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-
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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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-
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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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-
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-
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-7 PRODUCT UPGRADES
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-
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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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-
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-
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-8 ERRORS AND OMISSIONS
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-
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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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-
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-9 USER INDEMNITY
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-
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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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-
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-
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-10 INTELLECTUAL PROPERTY RIGHTS
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-
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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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-
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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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-
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-
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-11 TERMINATION
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-
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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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-
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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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-
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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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-
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-
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-12 GENERAL
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-
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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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-
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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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-
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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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-
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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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-
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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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-
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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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-
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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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-
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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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-
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-Copyright (c) 2002-2017 ionCube Ltd. Last revised 23-April-2015
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Raphael Schneeberger