== File: fa_license-e.txt (English version) == For German language version see/Deutsche Version unter: < http://fantomaster.com/fa_lizenz-d.txt > ############################################################### fantomas phantomLine(TM) Programs (c) Copyright 2000-2005 by fantomaster.com GmbH (Belgium). All rights reserved. Copying, modification or distribution requires permission in writing by copyright holders. For all inquiries please contact: URL: < http://www.fantomaster.com > ############################################################### LICENSE AGREEMENT AND TERMS OF USAGE ==================================== The licensed "fantomas software" and its related user documentation ("Software Product") is the intellectual property of fantomaster.com GmbH (Belgium) and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The makers of "fantomas software" are permitting the commercial and non-commercial use of this Software Product within the scope of the following licenses, provided that all of the terms and conditions set forth below are complied with. 1. USAGE LICENSE You may use this Software Product for commercial and non-commercial purposes on one (1) website domain and/or computer system. The product "fantomas shadowMaker(TM)" can be used on an unlimited number or website domains and/or computer systems ("unlimited license") for commercial and non-commercial purposes. Use by any government agency or organization requires special permission in writing. The software is considered in "use" when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of a computer for the purpose of being accessible in client-mode by an end user. 2. BACKUP COPIES You may make up to two (2) exact, unmodified copies of this Software Product solely by electronic means, subject to the following: (a) that such copying is solely for backup purposes (i.e. not for distribution to third parties); (b) that the Software Product is copied unmodified and in its entirety (with its complete user documentation, its readme files, its copyright, trademark, other intellectual property notices, including these terms and conditions, and all of its other components); (c) that such copying may occur anywhere in the world, except that to the extent the possession, usage or export of this Software Product outside your or your business corporation's country of residence is restricted by law; (d) the Software Product shall not be exported or reexported, directly or indirectly, (i) without all export or reexport licenses and governmental approvals required by any applicable laws, or (ii) in violation of any applicable prohibition against the export or reexport of any part of the Software Product. 3. INTELLECTUAL RIGHTS All rights, title and interest in this Software Product, including its accompanying user documentation, and all copyrights therein and related trademarks, trade names and other intellectual property rights, are owned by fantomaster.com GmbH (Belgium) or its suppliers. All license rights not granted herein are reserved by fantomaster.com GmbH (Belgium). Should you wish to distribute this Software Product for commercial purposes, commercial distribution licenses are available from fantomaster.com GmbH (Belgium) or their authorized resellers; please refer to the website(s) located at the URL quoted above for further information. 4. TECHNICAL SUPPORT Technical support is available from fantomaster.com GmbH (Belgium) or their authorized resellers under their standard support policies for those who have purchased copies of the commercial version of this product. For further information, please refer to the web site(s) located at the URL quoted above. 5. NO WARRANTY THIS SOFTWARE PRODUCT IS PROVIDED FOR COMMERCIAL AND NON-COMMERCIAL USE. IT COMES WITH NO WARRANTY, AND IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR PRODUCED BY THIS SOFTWARE PRODUCT. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THIS SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM IT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, fantomaster.com GmbH (Belgium), THEIR SUPPLIERS AND OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT, WITH RESPECT TO THIS SOFTWARE PRODUCT. 6. LIMITATION OF LIABILITY THE CUMULATIVE LIABILITY OF fantomaster.com GmbH (Belgium), THEIR SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT, TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED ONE EURO. IN NO EVENT SHALL fantomaster.com GmbH (Belgium), THEIR SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF fantomaster.com GmbH (Belgium), THEIR SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN EVERY CASE. 7. GENERAL These terms and conditions may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of fantomaster.com GmbH (Belgium). These terms and conditions shall be construed and enforced in accordance with the laws of the Kingdom of Belgium. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a state or federal court of competent jurisdiction located in the Province of Liege (Kingdom of Belgium), and the parties hereby consent to the jurisdiction and venue of said courts. Should any term of these terms and conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These terms and conditions are in the English language, and only the English language version hereof, regardless of the existence of other language translations of these terms and conditions, shall be controlling in all respects. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. fantomaster.com GmbH (Belgium) reserve the right at any time without liability or prior notice to change the features or characteristics of this Software Product, or its documentation and related materials, or future versions thereof. These terms and conditions constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions. Note: Some countries have laws and regulations regarding the possession, use and export of cryptography products; please consult your local government authority for details. Should you have any questions concerning these terms and conditions, or if you desire to contact fantomaster.com GmbH (Belgium) for any reason, please write to the address(es) quoted above. CAREFULLY READ THE TERMS AND CONDITIONS ABOVE. BY DOWNLOADING, INSTALLING AND MAKING USE OF THE SOFTWARE PRODUCT, YOU AND ANY SUBSEQUENT END-USER ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ABOVE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE PRODUCT.