?? license.txt
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DESKPRO v2.0.0 END USER LICENSE AGREEMENTThis document contains the End User License Agreement between HeadstartSolutions Limited, herein referred to as "the company", "we", "us", and "our",and the End User (herein referred to as "you", "your", "yours", etc.). Byinstalling and using DeskPRO (herein referred to as "the software"), you areagreeing to these terms and conditions.I. TERMS AND DEFINITIONS 1. An "instance" of the software is a unique installation of the software on a system capable of running it, whether used for production purposes or for testing. 2. A "technician" is a unique account installed in an instance of DeskPRO, used by a member of your technical staff to provide technical support assistance to your users. An "administrator" or "admin" is a technician with additional administration privileges. 3. A "user" is a unique account installed in an instance of DeskPRO, used by one or more persons to obtain support from your technical staff. 4. A "ticket" is a single support request tracked in the software. These are normally submitted by your users but can also be created by your technicians.II. RIGHT TO RUN Your purchase of a DeskPRO license grants you the right to make use of a single instance of the software. You may temporarily install an instance of DeskPRO on an internal development server for testing and deployment planning, but only one instance of DeskPRO shall be in operation (available for access to your users or technicians). If you wish to run more than one instance of DeskPRO, you must purchase an additional license for each additional instance.III. ACCURATE LICENSE INFORMATION Your right to use a DeskPRO instance under a purchased license requires you to provide accurate information regarding the location (or planned location) of the software instance. You must maintain accurate contact information in your Members Area profile and maintain accurate location details for your software instance(s).IV. ALTERATION OF SOURCE CODE If you have purchased DeskPRO Enterprise, which includes viewable source code, you are permitted to make modifications to the software to suit your needs, subject to these conditions: 1. You may not distribute the software or any portion thereof, or permit or cause to be exposed any portion of the source code to any other party without the express written consent of Headstart Solutions Limited. 2. You may not attempt to circumvent any license validation checks. 3. Unless you have purchased a copyright removal license, all copyright notices must remain intact in the source code.V. REMOVAL OF COPYRIGHT NOTICES If you have not purchased a copyright removal license, all copyright notices included in the software (including in source code and templates) must remain intact. This includes "Powered by DeskPRO" and similar notices. You may, however, change the appearance of all other aspects of the interface. If you have purchased the copyright removal license, you may make any desired changes to templates, including to the copyright notices.VI. CIRCUMVENTION OF SOFTWARE LIMITS If you have purchased a version of the software that includes restrictions on the number of simultaneous connections, or the maximum number of tickets and/or FAQ articles, you may not attempt to circumvent the internal checks performed by the software to ensure compliance with these restrictions. VII. VERIFICATION OF MINIMUM SERVER REQUIREMENTS If you have purchased a license for a standalone instance of DeskPRO, it is your responsibility to verify your target equipment meets the minimum requirements specified by the software's documentation. Refunds are not offered.VIII. HOSTED DESKPRO LICENSING CONDITIONS If you have purchased a license for Hosted DeskPRO (or "Managed DeskPRO"), you must also read and accept the Hosted DeskPRO Terms of Service agreement in order to use the service.IX. DISCLAIMER OF LIABILITY HEADSTART SOLUTIONS LIMITED DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. HEADSTART SOLUTIONS LIMITED DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. HEADSTART SOLUTIONS LIMITED SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEADSTART SOLUTIONS LIMITED, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. HEADSTART SOLUTIONS LIMITED SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM. NEITHER HEADSTART SOLUTIONS LIMITED NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HEADSTART SOLUTIONS LIMITED OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.X. TERMINATION OF LICENSE Headstart Solutions Limited reserves the right to terminate your license if any clause of this agreement is found to have been violated.XI. ENFORCABILITY If any clause of this license agreement is held to be unenforcable, all remaining clauses of this agreement shall remain in force.XII. LICENSED CODE IN DESKPRO Portions of DeskPRO incorporate software from the PHPLIB project, available at http://sourceforge.net/projects/phplib. The code in includes/functions/database/mysql.php is not subject to the above terms and conditions, and is licensed under the GNU Lesser General Public License (available at http://www.gnu.org/licenses/lgpl.html). Portions of DeskPRO incorporate software by Richard Heyes, used with permission.
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