The following are the terms and conditions upon which YABSoft,Inc.("YABSoft") will license you (in this document, you will be referred to as "you" or the "Client") to use certain software created by and belonging to YABSoft,
pursuant to the terms and conditions of this Software License Agreement (the "License").
YABSoft grants you a non-exclusive license to use the Software on one installation to be accessable by one URL (web address) subject to the provisions in all sections of this Agreement.
The Software is owned by YabSoft.com and is protected by the People's Republic of China copyright laws and international treaty provisions.
Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording).
The Software is licensed only to you.
You may not rent, lease, sublicence, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of YABSoft.
2. MINIMUM CONFIGURATION
The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the minimal requirements prescribed from time to time by YABSoft.
At no time will YABSoft make refunds of any kind, for any reason. It is your responsibility to make sure you can meet the requirements of the script before you purchase.
3. OWNERSHIP AND LIMITS TO USE
(a) Purchasing this software allows you the right to use it on a single personal computer operating on a private network and/or a single public website.
A website shall be defined as any text, image and binary data retrieval service operating on a computer, accessible at a single internet domain name, by means of a remote computer,over a public network, using the hypertext transport protocol over TCP/IP.
(b) You may install the Software on behalf of a third party subject to their agreeing to be bound by the terms of this license
but you may not re-distribute, sell, rent or lease the Software to others.
You may make modifications to the software but the original license agreement will remain in force for the modified version.[see "IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE"]
(c) The Client shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code;including but not limited to "Powered by YABSoft".
The only exception being when an "unbranded" licence has been purchased.
The unbranded licence grants permission to the client to remove any visual reference to "Powered by YABSoft" but it must leave any metadata information or copyright notices in the source code intact.
4. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE
The Client may modify, adapt, and create improvements to the Licensed Software as it deems appropriate pursuant to the following conditions and limitations:
(a) Any code developed by YABSoft may not be used in products outside of or unrelated to the Licensed Software.
YABSoft retains full ownership rights to the code they developed, and only allow its use within the Licensed Software.
(b) You are allowed to sell the custom modifications which you write. Please note that you should inform your customers that YABSoft retains the right to release updates which include your custom code and the code is not exclusively developed for their site.
(c) YABSoft is not liable for any custom modifications you do. By making modifications to the Licensed Software, you waive any support rights which you may have been entitled to before making such changes.
5. NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed nor time shared without the prior written consent of YABsoft.
Any such assignment, transfer, delegation, sublicense or time sharing in breach of this undertaking is void and results in the immediate termination of this License.
This Agreement will terminate automatically upon failure to comply with the limitations described herein.
On termination, you must destroy all copies of the Software within 48 hours.
Termination of the license due to noncompliance will not result in any refunds of license fees.
7. DISCLAIMER OF WARRANTY
The Software and its related documentation are provided "AS IS" and without warranty of any kind and YabSoft.com expressly disclaims all other warranties, expressed or implied, including,but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Under no circumstances shall YabSoft be liable for any incidental, special, or consequential damages that result from the use or inability to use the Software or related documentation,even if YabSoft has been advised of the possibility of such damages.
In no event shall YabSoft.com liability exceed the license fee paid, if any.
This License, its construction, performance, scope, validity and effects are governed band shall be construed in accordance with the laws applicable and in force in the People's Republic of China and international copyright laws.
9.YABSoft reserves the right to modify these terms at any time.
Copyright ? 2005 YabSoft.com