This End User License Agreement (the "Agreement") is a binding legal agreement between you and Jerome Cloninger (the "Author"). By installing or using DistriFile (the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. Installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement.
USAGE
This Agreement grants a non-exclusive, non-transferable license to install and use the Software on two domains--testing domain and production domain, or internal domain and external domain. You will need to purchase an additional license in order to install and use the Software on additional Websites. You may not provide DistriFile as a "world" public service to others either as free or charging a fee to use the software (ie: a cloud based file sharing service where you charge people money for their accounts.) The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.
SOFTWARE MODIFICATION
You may alter, modify, or extend the Software for your own use, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version without prior written consent from Jerome Cloninger. Components from the Software may not be extracted and used in other programs without prior written consent from Jerome Cloninger.
Components Exempted from this Agreement:
- BlueImp jQuery Uploader - https://blueimp.github.io/jQuery-File-Upload/
- Trumbowyg - http://alex-d.github.io/Trumbowyg/ (HTML editor used for the Email Templates.)
- PHPMailer - https://github.com/PHPMailer/PHPMailer/
- wavesurfer.js - http://wavesurfer-js.org
Components used with a Commercial License.
- fancyBox - http://www.fancyapps.com/fancybox/
BACKUPS
You may make copies of the Software in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by the Author.
DISPLAY OF COPYRIGHT NOTICES
All copyright and proprietary notices and logos in the Control Panel and within the Software files must remain intact.
You may make your page footer whatever you want. The page footer does not have to retain the default "DistriFile" mentions, but it would be appreciated.
RESTRICTIONS
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
Distribute derivative works based on the Software (the distribution of themes and other add-ons to the Software written using APIs and other programmatic interfaces published by the Author are allowed);
Reproduce the Software except as described in this Agreement;
Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or its Source Code, in whole or in part, in any form to any third parties, except during the course of normal use by users of DistriFile, as installed on your server, via browser or other API-enabled applications.
Remove or alter any proprietary notices on the Software.
WARRANTY
THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
TERM, TERMINATION, AND MODIFICATION
You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement.
The Author may modify the Software and this Agreement with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement.
INDEMNIFICATION
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
REFUND POLICY
Since the Author is offering non-tangible irrevocable, digital goods we do not issue refunds after purchase is made, which you are responsible for understanding upon purchasing the Software. No refunds will be issued, guaranteed or promised. Once we issue a downloadable file, there is no way for us to recall, or rescind a digital item that has already been issued to a customer.
PRICE CHANGES
The Author reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a product (or any part thereof) with or without notice. Prices of all products are subject to change without notice.
DELIVERY
After the Author has successfully received your payment, your Software purchase will become activated and you will be emailed instructions to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, please email support@distrifile.com
Please Note: No invoices will be available for your purchases, as sales receipts will be provided online.
SOFTWARE UPDATES
You will receive updates and support as long as this software is being developed. There are not any time limits to the license/agreement.
DEFINITIONS
A "Website" is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of the Author.
The "Source Code" is defined as the contents of all HTML, CSS, JavaScript, and PHP files provided with the Software and includes all related image files and database schemas.
TRANSLATIONS / LANGUAGE
This site and software was developed in English. All translations to other spoken languages were done by online tools. Some phrases may be incorrect.