Last update: 08/24/2004 PHP Trouble Ticket software license and terms of use IF ANY PART OF THE LICENSE FOR PHP TROUBLE TICKET (HENCEFORTH REFERRED TO AS "THE SOFTWARE") SHOULD BE INEFFECTIVE BECAUSE OF ANY APPLICABLE LAW IN ANY PARTICULAR COUNTRY OR ANY PARTICULAR CIRCUMSTANCE, THE REMAINDER OF THE LICENSE WILL REMAIN VALID. THIS SOFTWARE IS LICENSED, NOT SOLD. THE AUTHOR RESERVES ALL RIGHTS NOT EXPLICITLY GRANTED TO THE LICENSEE. THE AUTHOR OF THE SOFTWARE HEREBY GRANTS THE LICENSEE (HENCEFORTH REFERRED TO AS "THE USER") THE NON-EXCLUSIVE RIGHT TO USE THE SOFTWARE IN A SINGLE, NON-PROFIT ENVIRONMENT THAT MEETS THE OPERATION REQUIREMENTS OF THE SOFTWARE UNDER THE CONDITION THAT THE USER AGREES TO THIS SOFTWARE LICENSE. ALTERNATIVELY THE AUTHOR HEREBY GRANTS THE USER THE NON-EXCLUSIVE RIGHT TO USE THE SOFTWARE IN A SINGLE COMMERCIAL ENVIRONMENT THAT MEETS THE OPERATION REQUIREMENTS OF THE SOFTWARE IN RETURN OF THE PAYMENT OF A LICENSE FEE (for fee amount and terms of payment see the PHP Trouble Ticket project webpage or consult the author) UNDER THE CONDITION THAT THE USER AGREES TO THIS SOFTWARE LICENSE. IT IS THE SOLE LIABILITY OF THE USER TO ASSURE THE OPERATION REQUIREMENTS OF THE SOFTWARE ARE MET BEFORE INSTALLING AND USING THE SOFTWARE. THE AUTHOR GRANTS THE USER THE RIGHT TO MAKE CHANGES TO HIS OWN PERSONAL INSTALLATION OF THE SOFTWARE AT HIS OWN RISK ALONE. THE AUTHOR WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING IN CONJUNCTION WITH SUCH MODIFICATIONS MADE BY THE USER OR ANY THIRD PARTY THAT IS NOT AUTHORIZED BY THE AUTHOR. ANY PARTS OF THE SOFTWARE THAT ARE ENCRYPTED OR SUPPLIED IN ANY OTHER MACHINE-READABLE FORM ONLY MAY NOT BE MODIFIED, REVERSE-ENGINEERED OR DECRYPTED. THE USER MAY NOT REMOVE OR MODIFY THE COPYRIGHT INFORMATION, LICENSE DECLARATIONS, LEGAL DISCLAIMERS OR ANY OTHER MEANS TO ENSURE THE RIGHTS OF THE AUTHOR ON THIS SOFTWARE. THIS INCLUDES ANY AND ALL COPYRIGHT INFORMATION INSIDE THE SOFTWARE'S SOURCE CODE AS WELL AS THE SOFTWARE'S OUTPUT SUCH AS GENERATED HTML CODE OR PRINTOUTS. THE SOFTWARE MAY NOT BE REDISTRIBUTED TO ANY THIRD PARTIES NEITHER PERSONALLY NOR BY MEANS OF MASS-PRODUCED DATACARRIERS OR DOWNLOADS OFFERED FROM ELECTRONIC SERVER FACILITIES SUCH AS, BUT NOT LIMITED TO, WEB SERVERS, FTP SERVERS, CVS SERVERS OR FORUMS WITHOUT PRIOR EXPLICIT WRITTEN PERMISSION BY THE AUTHOR. THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY LAW. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND LEGALITY OF USE IN A PARTICULAR ENVIRONMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. SHOULD THE PROGRAM PROVE DEFECTIVE, THE USER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL THE AUTHOR BE LIABLE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE USER OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH A NEGATION OF WARRANTY IS NOT PERMITTED BY APPLICABLE LAW, THEN THE AMENDS PAID IN RETURN FOR ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONJUNCTION WITH THIS SOFTWARE SHALL NOT EXCEED 20,- EURO. IN NO EVENT SHALL THE AMENDS PAID IN RETURN FOR ANY DAMAGE EXCEED THE AMOUNT PAID FOR LICENSE FEES, SERVICE FEES OR OTHER CHARGES PAID TO THE AUTHOR BY THE USER FOR THE ACQUIRATION AND USE OF THIS SOFTWARE. IN ANY CASE IN WHICH THE USE OF THE SOFTWARE IS GRANTED FREE OF CHARGE TO THE USER BY THE AUTHOR, LIABILITY SHALL IN NO EVENT EXTEND PAST LIABILITY FOR DEFECTS MALICIOUSLY CONCEALED FROM THE USER BY THE AUTHOR, CRUDE NEGLIGENCE OR INTENTIONAL DEFECTS. IN ANY CASE IN WHICH THE USE OF THE SOFTWARE IS GRANTED TO THE USER BY THE AUTHOR IN RETURN FOR A LICENSE FEE, LIABILITY SHALL IN NO EVENT EXTEND PAST THE AMOUNT PAID FOR LICENSE FEES, SERVICE FEES OR OTHER CHARGES PAID TO THE AUTHOR FOR THE ACQUIRATION AND USE OF THIS SOFTWARE OR, IF THIS LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, THE AMOUNT JUSTIFYABLE BY APPLICABLE LAW IN RETURN FOR THE AMOUNT PAID FOR LICENSE FEES, SERVICE FEES OR OTHER CHARGES PAID TO THE AUTHOR BY THE USER FOR THE ACQUIRATION AND USE OF THIS SOFTWARE. THE CONTRACT FOR A PAID LICENSE FOR THE SOFTWARE WILL NOT TAKE EFFECT UNTIL THE REQUIRED LICENSE FEE HAS BEEN COMPLETELY PAID TO THE AUTHOR BY THE USER. NO WARRANTIES OR LIABILITIES ENFORCED BY APPLICABLE LAW OTHER THAN LIABILITY FOR DEFECTS MALICIOUSLY CONCEALED FROM THE USER BY THE AUTHOR, CRUDE NEGLIGENCE OR INTENTIONAL DEFECTS WILL TAKE EFFECT BEFORE THIS DATE. THE USER IS NOT PERMITTED TO INSTALL AND USE THE SOFTWARE BEFORE ALL CONDITIONS OF THE CONTRACT ARE MET AND ANY REQUIRED LICENSE FEES ARE COMPLETELY PAID TO THE AUTHOR. THE CONTRACT MAY BE NULLIFIED BY BOTH THE AUTHOR OR THE USER WITHOUT THE NEED TO NAME REASONS DURING A TIMESPAN OF TEN DAYS FOLLOWED BY THE DATE THE CONTRACT CAME INTO FORCE BY SENDING AN ABROGATION NOTICE IN WRITTEN FORM, EITHER BY EMAIL, FAX OR POSTAL SERVICES IN TIME TO ARRIVE BEFORE THE END OF THIS TIMESPAN. IF THE CONTRACT IS NULLIFIED ON BEHALF OF THE AUTHOR, THE USER HAS THE RIGHT TO CLAIM BACK ANY FEES PAID FOR LICENSE AND SERVICE. IF THE CONTRACT IS NULLIFIED ON BEHALF OF THE USER, THE USER HAS THE RIGHT TO CLAIM BACK ANY PAID LICENSE FEES AND FEES PAID FOR SERVICE NOT YET DELIVERED ONLY. ANY REFUNDING OR PAYMENT OF AMENDS FOR THE NULLIFICATION OF THE CONTRACT IN EXCESS OF THESE AMOUNTS BY THE AUTHOR IS EXPLICITLY EXCLUDED. UPON NULLIFICATION OF THE CONTRACT, THE PERMISSION TO USE THE SOFTWARE GIVEN TO THE USER BY THE AUTHOR ENDS AND THE USER IS REQUIRED TO UNINSTALL ANY COPIES OF THE SOFTWARE, RETURN ANY DATA MEDIUM OBTAINED FROM THE AUTHOR AND DESTROY ANY COPIES MADE FROM THESE DATA MEDIUMS OR COPIES DOWNLOADED FROM THE OFFICIAL WEBPAGE OR OBTAINED BY ANY THIRD PARTIES. THE LIABILITY FOR DAMAGES ARISING IN CONJUNCTION WITH THE SOFTWARE ARE PARTICULARLY EXCLUDED IN ANY CIRCUMSTANCES WHERE THE DAMAGE IS CAUSED BY THE USE OF THE SOFTWARE IN CONJUNCTION WITH INCOMPATIBLE OR FAULTY HARDWARE OR SOFTWARE COMPONENTS THAT ARE NOT CREATED OR DIRECTLY PROVIDED BY THE AUTHOR SUCH AS THIRD PARTY SOFTWARE INCLUDING, BUT NOT LIMITED TO, OPERATING SYSTEMS, SOFTWARE LIBRARIES AND SERVER SOFTWARE. THE LIABILITY FOR DAMAGES ARISING IN CONJUNCTION WITH THE SOFTWARE CAUSED BY THE OPERATION OF THE SOFTWARE BY UNSKILLED PERSONNEL, CRUDE NEGLIGENCE OF THE USER, USE BY NON-AUTHORIZED PERSONNEL, INTENTIONAL MISUSE OR SABOTAGE, MODIFICATION OF THE SOFTWARE BY INDIVIDUALS OTHER THAN THE AUTHOR AND INDIVIDUALS AUTHORIZED BY HIM OR MANIPULATION OF THE OPERATION DATA WITH THIRD-PARTY SOFTWARE IS EXPLICITLY EXCLUDED. ANY ATTEMPT BY THE USER TO INTENTIONALLY CAUSE ANY DAMAGE, REAL, IMAGINED OR PRETENDED, IN CONJUNCTION WITH THE SOFTWARE WITH THE INTENTION TO CLAIM AMENDS FROM THE AUTHOR OF THE SOFTWARE WILL VOID ANY AND ALL WARRANTIES AND LIABILITIES PUT UPON THE AUTHOR BY APPLICABLE LAW AND WILL NULLIFY THE PERMISSION OF THE USER TO USE THE SOFTWARE GRANTED BY THE AUTHOR. THE USER WILL BE LIABLE FOR ANY REAL DAMAGE CAUSED BY SUCH AN ACT TO THE PROPERTY OF THE USER, THE AUTHOR OR ANY THIRD PARTIES (see "INTENTIONAL MISUSE OR SABOTAGE" in the paragraph above) THE LIABILITY FOR ANY DAMAGES ARISING IN CONJUNCTION WITH ANY VERSION OF THE SOFTWARE MARKED AS "ALPHA", "BETA", "UNSTABLE" OR "DEVELOPMENT BRANCH" IS EXPLICITLY EXCLUDED. ALL VERSIONS OF THE SOFTWARE MARKED WITH ANY OF THESE ATTRIBUTES ARE HEREBY EXPLICITLY DECLARED AS "POTENTIALLY FAULTY" AND LIABILITIES SHALL IN NO EVENT EXTEND PAST LIABILITY FOR DEFECTS MALICIOUSLY CONCEALED FROM THE USER BY THE AUTHOR, CRUDE NEGLIGENCE OR INTENTIONAL DEFECTS. NO WARRANTY WHATSOEVER IS GRANTED FOR THE CORRECTNESS OF ANY INCLUDED LANGUAGE FILES THAT ADD NATIONAL LANGUAGE SUPPORT. Definitions "PHP Trouble Ticket" The contents of the original, unmodified distribution package as available from the official PHP Trouble Ticket webpage, excluding any additional national language support files other than german and english. In this document referred to as "the software". "PHP Trouble Ticket software license and terms of service" This document. The currently valid and up to date version of this document can be obtained from the official PHP Trouble Ticket webpage or directly from the author. "The author" The original creator of the software product PHP Trouble Ticket plus any persons directly appointed and assigned to the development of the software by the original creator. "Non-profit use of the software" The use of the software by any natural person for his or her own private use with no intentions to make any revenue directly through the use of the software or with substantial help of the software. The use of the software by a non-profit educational facility such as public schools, colleges or universities with no intentions to make any revenue directly through the use of the software or with substantial help of the software. The use of the software by an accredited non-profit organization. The use of the software for testing purposes only by any natural person or institution over a limited timespan not exceeding one month with no intentions to make any revenue directly through the use of the software or with substantial help of the software during that timespan. "Commercial use of the software" The use of the software by any natural person or organization other than listed under "non-profit use" or for other ends and purposes listed there, such as, but not limited to: Using the software in a commercial organization to make revenue directly though the use of the software or with substantial help of the software. Any use of the software that is not covered in this document unless and until otherwise stated by the author. Last update: 08/24/2004 This is the license declaration document for PHP Trouble Ticket. The original location of this document is http://www.nightstone-systems.com/TTS/releases/license.html and the version found there is always the current and only valid version of this document. If you find a version that differs from the official version at the location above and you are a registered user of PHP Trouble Ticket but have not been notified about any changes in the license conditions, please contact the author immediately. PHP Trouble Ticket (c)2002-2004 by nightstone-systems.com