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PhpExpress license.
End User License Agreement for PhpExpress

NuSphere Corporation
Software: PhpExpress
Copyright (c) 2002-2016 NuSphere Corporation

YOU MAY NOT INSTALL, USE, COPY, OR DISTRIBUTE THIS SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE AGREEMENT. BY INSTALLING, USING, COPYING OR DISTRIBUTING THE SOFTWARE (OR AUTHORIZING ANY OTHER PERSON TO DO SO FOR YOU) YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, YOU MUST NOT INSTALL, USE, COPY OR DISTRIBUTE THE SOFTWARE, AND YOU WILL NOT HAVE A LICENSE. IF YOU USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE WITHOUT A LICENSE, YOU WILL INFRINGE THE INTELLECTUAL PROPERTY OF NUSPHERE CORPORATION.

The "Licensee" is the person or entity licensed under and bound by this Agreement.

Grant of License
Subject to the terms and conditions of this Agreement, NuSphere Corporation grants to Licensee, free of charge, a nonexclusive, nontransferable license under the NuSphere Corporation Intellectual Property to use, copy, modify, publish, and distribute the computer programs known as PhpExpress, including the documentation (if any) provided, (collectively hereinafter "PhpExpress Software"). Rights not expressly granted in this Agreement are reserved by NuSphere Corporation. This License Agreement does not entitle Licensee to any future version or release of PhpExpress Software from NuSphere Corporation unless and to the extent only that NuSphere Corporation elects to make any future version or release available to Licensee.

Terms and Conditions

1. Ownership.
Licensee acknowledges that the copyrights and other intellectual property in the PhpExpress Software are owned by NuSphere Corporation ("NuSphere Corporation"). The copyrights and other intellectual property of NuSphere Corporation in and to the PhpExpress Software are referred to herein as the "NuSphere Corporation Intellectual Property." As this term is used in this Agreement, "NuSphere Corporation Intellectual Property" does not include any other copyrights or intellectual property of NuSphere Corporation.

2. Distribution.
Licensee may redistribute copies of the PhpExpress Software (only in unmodified form) to other persons or entities subject to the following conditions:
a. Binary Redistribution. Redistributions of binary form must reproduce the above copyright notice and this list of Terms and Conditions in the documentation and/or other materials provided with the distribution.
b. Endorsement. The name(s) of the original author(s) or NuSphere Corporation may not be used to endorse or promote products derived from this PhpExpress Software without specific written permission.
c. Any modifications to PhpExpress Software are forbidden as stated in Section 4 "ANALYSIS / REVERSE ENGINEERING / MODIFICATION" of this license.

3. Support & Maintenance.
NuSphere Corporation has no obligation to provide any maintenance, support, training, or other services.

4. ANALYSIS / REVERSE ENGINEERING / MODIFICATION
Except insofar as the user is permitted to do so in accordance with applicable law:
i. Any analysis or modifications of PhpExpress and embedded data by any means and by any entity whether human or otherwise and including but without limitation to discover details of internal operation, to reverse engineer, to de-compile object code, or to modify for the purposes of modifying behavior is forbidden
ii. Any analysis of encoded files by any means and by any entity whether human or otherwise and including but without limitation to discover details of file format or for the purposes of modifying behavior or scope of their usage is forbidden.

5. Allocation of Risk.
Because there are no license fees, royalties or other fees payable by Licensee to NuSphere Corporation for this License, Licensees agrees that this License Agreement reflects an allocation of risk acceptable to Licensee. Such allocation of risk includes, without limitation, the disclaimer of warranties, the limitations of liability, the indemnities and other protections of NuSphere Corporation that are set forth in this Agreement.

6. Disclaimer Of Warranties.
NUSPHERE CORPORATION MAKES NO WARRANTY EXPRESS, IMPLIED OR STATUTORY. THE PHPEXPRESS SOFTWARE IS PROVIDED AND ACCEPTED "AS IS" WITHOUT WARRANTY OF ANY KIND. NUSPHERE CORPORATION DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NUSPHERE CORPORATION DOES NOT WARRANT THAT THE PHPEXPRESS SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE PHPEXPRESS SOFTWARE AND FOR TESTING AND EVALUATING IT BEFORE ANY USE OF OR RELIANCE ON THE PHPEXPRESS SOFTWARE. LICENSEE ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE PHPEXPRESS SOFTWARE, INCLUDING, WITHOUT LIMITATION, DEFECTS, PROGRAMMING ERRORS, PRODUCT LIABILITY CLAIMS, THE INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY, AND ANY OTHER PROBLEMS RELATING TO THE PHPEXPRESS SOFTWARE.

7. LIMITATION OF LIABILITY.
NUSPHERE OR ITS THIRD PARTY CONTRIBUTORS, SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES WITH RESPECT TO THIS AGREEMENT. IN NO EVENT SHALL NUSPHERE'S CUMULATIVE LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT, RESULTING FROM ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR BY ANY OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT OF PAYMENTS RECEIVED FROM THE USER.

8. Protection of Others.
NuSphere Corporation may extend the protections afforded to NuSphere Corporation under this Agreement, including without limitation, any of the disclaimers and limitations of liability of Sections 5, 6, and 7 to any of its employees, officers, or representatives or to any of the developers of the PhpExpress Software, for their protection.

9. Governing Law
This agreement is governed by the laws of the Commonwealth of Massachusetts, excluding those provisions governing choice of law. Exclusive venue and jurisdiction for all matters relating to this Agreement or the breach thereof shall be in the state or federal courts of the Commonwealth of Massachusetts, and the parties hereby consent to such exclusive jurisdiction and venue. If a provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall continue in full force and effect.

10. Export Control Regulations
The Product and any technology licensed under this Agreement are subject to the United States Export Control laws and regulations. User agrees not to export or re-export any Product without first obtaining the necessary licenses and approvals from the appropriate federal agency and shall comply with all relevant regulations of the United States Department of Commerce and with the United States Export Administration Act to insure that the Product is not exported or re-exported in violation of United States law.

11. U.S.Government Restricted Rights.
The Product and its documentation are provided to the U.S. government with Commercial Rights/Restricted Rights. This means that if the User is a government agency, the use, duplication, or closure by that government agency is subject to various restrictions described in the Federal Acquisition Regulations (FARs) at 48 CFR 52.227-14/13 (June 1987) and the Department of Defense FAR (DFARs) 52-227-7202-1 (a) and 227-7202-3(a) (1995), DFARs 252.227-7013(c)(1)(ii) (Oct 1988), FAR 52.227-7013/14, FAR 12.212(a)(1995), FAR 52.227-19 (June1987) or FAR 52.227-14 (ALT III) (June 1987) as applicable. Use and distribution of the Product are also subject to any other restriction described elsewhere in this Agreement. The Contractor or manufacturer is NuSphere Corporation, 6015 S. Virginia St., Ste E #154 Reno, Nevada 89502 USA.

12. Complete Agreement.
This Agreement represents the complete understanding between the User and NuSphere and supersedes any prior agreement, written or oral, with regard to the Product.

13. Assignability.
This Agreement shall not be assigned by the User to a third party without the prior written permission of NuSphere, except User may assign it rights hereunder to any third party which acquires all or substantially all of the User's assets.

14. Termination.
The License shall automatically terminate if Licensee breaches this Agreement. Upon termination of the License, Licensee shall erase or destroy all copies of the PhpExpress Software within the possession or control of Licensee.

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