ThinkCMS License Agreement
Please review the following license agreement before installing or using the ThinkCMS, any individual plug-in component or other software product, and/or all related materials.
Definitions
This ThinkWeb Bulgaria OOD End-User Software License Agreement ("EULA") is a legal agreement between you (either as an individual user, corporation or single entity) and ThinkWeb Bulgaria OOD ("ThinkWeb") for the ThinkCMS software product - which includes the software, documentation, artwork, license key codes, license files and other materials, including any updates, patches, work-around solutions and upgrades ("SOFTWARE PRODUCT", "SOFTWARE" or "THE SOFTWARE"), that are provided to you under this Agreement, but excludes any third party products distributed with ThinkCMS, as outlined below.
By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this End User License Agreement ("EULA"), including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use the SOFTWARE PRODUCT; If this is the case, please uninstall the SOFTWARE PRODUCT from your system immediately, and destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
DOMAIN is a domain name, officially registered in the Domain Names System. It also includes that domain name prefixed by "www.".
Software product license
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. Grant of license
This is a license agreement, and NOT an agreement for sale. ThinkWeb retains ownership of the copy of THE SOFTWARE in your possession, and all copies you may be licensed to make. ThinkWeb retains all rights not expressly granted to you in this LICENSE. ThinkWeb hereby grants to you, and you accept, a limited non-exclusive, non-assignable, non-transferable, non-sub licensable, worldwide and royalty-free right to install, use and modify a single copy of THE SOFTWARE on a single server to be used on a single DOMAIN only as authorized below.
Each copy of THE SOFTWARE must have it's own (separate) license. You are not permitted to make copies of THE SOFTWARE without first purchasing the appropriate additional licenses. The licenses do not grant any reseller privileges.
This EULA grants you the following rights:
Corporate License:
You are granted a license for all developers/individuals who are part an entire single collective entity, organization, enterprise, or corporation to all versions of the particular product released during the period of the Corporate Site License subscription.
For the version(s) you are licensed for, you are granted a license to distribute the SOFTWARE PRODUCT royalty-free with an unlimited number of solutions or applications to an unlimited number of web servers, provided they are developed solely within the single organization. The SOFTWARE PRODUCT may be used by an unlimited (or limited, as defined above) number of individuals employed by or belonging to the single organization, at the same time, for development purposes -- and the SOFTWARE PRODUCT may be distributed for use with an unlimited number of applications developed by the collective entity, organization, enterprise or corporation. This includes royalty-free distribution of multiple copies of identical or similarly-functioning ("shrink-wrapped") solutions or applications.
Developer License:
For the version(s) you are licensed for, you are granted a license as a single individual to install and run the SOFTWARE PRODUCT royalty-free with an unlimited number of different solutions to a single web server, provided they are developed solely by you. The term "different solutions" is understood to mean non-identical, non-"shrink-wrapped" applications to be resold or re-licensed by you. You may not distribute the product with more than 10 copies of an identical or similarly-functioning ("shrink-wrapped") solution or application.
At no time may the SOFTWARE PRODUCT be used by more than one individual at the same time for development purposes - nor may the SOFTWARE PRODUCT be distributed for use with applications other than those developed by you.
Commercial non-transferable:
You are granted a license AT A SINGLE WEBSITE DOMAIN (WWW and NON-WWW) both part of a single website, organization, enterprise or corporation. You are also prohibited to remove "powered by ThinkCMS" link at the bottom of the website (or any similar notices and branding elements), unless you purchase a "Copyright Removal License" which allows you to re-brand the software and remove any marks of ThinkWeb or SOFTWARE PRODUCT.
Copyright Removal License (sold separately):
Grants to you limited non-exclusive, non-assignable, non-transferable, non-sub licensable right to remove copyright notices and links to ThinkCMS and/or ThinkWeb Bulgaria from the header and footer in THE SOFTWARE.
For all Licenses:
In no case shall you rent, lease, lend, decompile, reverse engineer, or disassemble the software, redistribute nor re-license THE SOFTWARE PRODUCT or any related source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for THE SOFTWARE PRODUCT to the end-users of your solution.
THE SOFTWARE, INCLUDING ANY MODIFIED OR CUSTOMIZED VERSIONS, CANNOT BE RESOLD OR REDISTRIBUTED WITHOUT EXPLICIT WRITTEN PERMISSION FROM THINKWEB BULGARIA OOD. THINKWEB BULGARIA OOD RESERVES THE RIGHT TO REFUSE PERMISSION TO USE THIS SOFTWARE PRODUCT TO ANY INDIVIDUAL OR COMPANY FOR ANY REASON, AND MAY DO SO WITHOUT NOTICE.
You agree not to: distribute, make unauthorized copies, sub license, sell, give away, loan, lend, rent THE SOFTWARE, reverse-engineer, decompile, disassemble or convert into human-readable form, attempt to modify or tamper with the normal function of a license manager, that regulates usage of THE SOFTWARE, disclose the license key codes and license files issued to you to any third-party, remove any copyright notices from THE SOFTWARE, except as allowed by the "Copyright Removal License", assign this Agreement or transfer THE SOFTWARE without the express written consent of ThinkWeb Bulgaria OOD.
You shall be solely responsible to your customers or suppliers, or other parties for any update or support obligation or other liability which may arise from the use of THE SOFTWARE, shall not use "ThinkWeb Bulgaria OOD" name, logos or trademarks without written permission, shall not publish reviews of THE SOFTWARE without written permission by ThinkWeb Bulgaria OOD.
2. Description of other rights and limitations
Termination:
Without prejudice to any other rights, ThinkWeb Bulgaria OOD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
3. Copyright
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by ThinkWeb Bulgaria OOD, unless stated otherwise. The SOFTWARE PRODUCT is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
Any reference to the purchase or sale of the SOFTWARE PRODUCT means a purchase or sale of the applicable licenses. The license fees for such licenses are included in the SOFTWARE PRODUCT's purchase price. No fee is charged for any third-party products, for their licenses consult the respective products. A list of the third-party products and their licenses is provided in the app/license/README.txt file.
4. Limited warranty
No Warranties.
ThinkWeb Bulgaria OOD expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
5. Limitation of liability
No Liability For Consequential Damages.
In no event shall ThinkWeb Bulgaria OOD or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this ThinkWeb Bulgaria OOD product (THE SOFTWARE PRODUCT) and related materials, even if ThinkWeb Bulgaria OOD has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
6. Installation
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. ThinkWeb Bulgaria OOD does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to ThinkWeb Bulgaria OOD) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.