GIANTISLAND LLC SOFTWARE LICENSE AGREEMENT
End User License Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. THIS GIANTISLAND LLC SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR" AND "LICENSOR") AND GIANTISLAND LLC. ("LICENSOR", "VENDOR", "WE," "US," OR "OUR"). ALL GIANTISLAND LLC SOFTWARE IS PROVIDED SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT. BY PURCHASING, USING, COPYING, INSTALLING, OR DISTRIBUTING ALL OR ANY PORTION OF THE GIANTISLAND LLC SOFTWARE ("SOFTWARE" AND "IMAGEISLAND") YOU CONSENT TO BE BOUND AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, ALL LIMITATIONS ON USE, TRANSFERABILITY, AND LIABILITY IN THE SECTIONS CONTAINED IN THIS DOCUMENT AND YOU INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT SETS FORTH YOUR RESTRICTED RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY VERSION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU MUST STOP THE PURCHASE, DOWNLOAD, AND INSTALLATION PROCESS AND PROMPTLY CEASE USING AND DESTROY ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION. IF YOU DID NOT OBTAIN THIS COPY OF THE SOFTWARE LEGALLY, PLEASE DESTROY THE COPY IMMEDIATELY. FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT WILL RESULT IN TERMINATION OF YOU’RE RIGHT TO USE THIS SOFTWARE AND/OR ANY PART THEREOF. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This software may also be used to share or distribute files and music for viewing or listening between user, server, or computers. Remote access of copyrighted files and music is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

DEFINITIONS

"Software" means (a) the software computer program, "ImageIsland", its source code, and any other files that may accompany the computer program, including all of the contents of its files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) GiantIsland LLC or third party computer information or software and (ii) related explanatory written materials or files ("Documentation"); (b) web site modules ("Modules") and all related supporting files; (c) web site skins ("Skins") and all related supporting files; (d) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by GiantIsland LLC (collectively, "Additions"). "License" or "Agreement", means the Software License and End User License Agreement. "Permitted Number" means one (1) working copy and one (1) backup copy, unless otherwise indicated under a valid license (e.g., volume license) granted by GiantIsland LLC. "Computer" or "Server" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Licensor" or "Vendor", means GiantIsland LLC, a software business who is the creator and copyright owner of the software described in this agreement, and which may include any distributors and vendors of GiantIsland LLC software. The "Licensor" may also includes all related web sites, domains, and online entities owned by GiantIsland LLC, including but not limited to GiantIsland.com, GiantIsland.com, and WhitePacificSoftware.com.  The "Licensee", refers to You, the End User, individual user, or single business entity. "Users" represents all users of the Licensee's Software. "Use" or "Using" means to access, install, download, copy, upload, view, listen, or otherwise benefit from use of the Software, in accordance with the Documentation and License Agreement.

GRANT OF LICENSE

This Software License Agreement is a legal agreement between you, the Licensee, and the Licensor of the Software. Under this License Agreement, you the Licensee, are subject to the terms and conditions of this License Agreement, and you may only use this Software in accordance with this Agreement. The Software includes the computer program, its files, and all supporting documentation. The Licensor owns all intellectual property in the Software and retains full ownership and copyrights to the Software. The Licensor grants to you, the Licensee and User, a non-exclusive and non-transferable License to install and Use one (1) copy of the Software on a single Computer or Server, and to install one additional (1) backup copy of the same Software for archival purposes only, on a second or same Computer or Server. You may not lease, license, sell or re-distribute this Software. You may use the Software only as described in this Agreement, bound by any and all restrictions outlined in this Agreement. The Licensor, GiantIsland LLC and its distributors and Licensors, permits you to Use the Software only in accordance with the terms of this Agreement. By purchasing, installing, copying, or using the Software, you agree to be bound by the terms of this License Agreement.

The Licensee may use one (1) working copy of the Software on a single personal computer or web server operating on a private network, or a single public website operating on a public Computer or Server. A website shall be defined as any text, image and binary data retrieval service operating on a Computer or Server, accessible via a domain name(s), by means of a remote computer(s), over a public network, using the hypertext transport protocol over TCP/IP. The Licensee may use the Software to upload, share, distribute, view, hear, download, and convey files and materials of the Licensee's choice, over the Web and with other viewers and Users, as long as such actions do not violate any part of this Agreement. Such Use and actions include using the Software for personal, private, or commercial (business) use, as long as such uses do not violate this Agreement, are not used for the benefit of another group, business or entity other than the Licensee's benefit or business (directly or indirectly), and do not involve transfer of the Software to any other user(s), abuse or illegal use of the Software, or transfer of the License to the Software in any form or fashion.

The Licensee may install the Software onto a maximum of one (1) Server, or Computer, only. The Licensee may make one additional (1) copy of the Software solely for backup or archival purposes on the same or separate Computer. The Licensee must always include all copyright and other proprietary notice(s) on both copies of the Software. Only one copy of the Software may be working, in use, or functional in a web site. You may transfer a copy of the Software to another Computer or Server from the current one, but the old copy on the old Server must be deleted within 7 days from the time of installation of the new copy to the new Server, unless the old copy is used as a backup, non-functioning copy. The Software Agreement and all rights bound to the Software extend to both copies at all times, including transfers. If you require additional Licenses of the Software in order to use additional working copies on a server, or need to have multiple active copies on multiple servers, you may contact the Licensor, or GiantIsland LLC, for additional Licenses (www.GiantIsland.com).

The Software will operate only on those hardware and software platforms specified in the Software documentation. It is the Licensee's responsibility to ensure that they have the appropriate software, hardware and Internet connection to operate the then-current version of the Software. The Licensor reserves the right to cease supporting any hardware or software platform at any time, with or without notice. The Licensee agrees that is their responsibility to read the Software requirements provided by the Licensor on their web site(s) prior to purchase and installation, aquire the correct hardware and software needed to support the Software, and apply the correct configurations and settings (or assist their web site provider with such settings) after installation of the Software. The Licensee agrees that setup of all supporting hardware, configurations, permissions, and operating system is not the responsibility nor liability of the Licensor or Vendors of the Software.

USE AND USERS

As a Licensee of the software, the Licensee agrees to be fully bound by the restrictions imposed by this Agreement, and take full responsibility and liability for all actions of any Users of the Software copy Licensed to the Licensee. The Licensee agrees to abide by the terms of this License Agreement, including to agree to take responsibility for the actions of its Users with the Software Licensed to the Licensee. The Licensee agrees to monitor all Use of its copy of the Software and verify all such use does not violate the License Agreement provided to the Licensee, and to make every effort to prevent and illiminate all such Uses (by its Users) of its Licensed Software copy, such that those uses do not violate this Agreement.

The Licensee agrees that all use, uses, and results of such use of the software by the Licensee, and other Users of the Licensee's copy of the Software, are still bound by this Agreement made between Licensee and Licensor. The Licensee (not the Licensor) agrees it is their responsibility to provide, in some form, lawful, legal, binding and informative agreements, protections, or other terms of use between themselves and the entities and Users of the Licensee's Licensed Software, and to terminate and eliminate all such User files and User access to the Software, if violations occur that go against the restrictions set forth in this Agreement. Under this Agreement, the Licensee agrees that the Licensor and Vendor is free from liability as a result of all such actions, or damages, resulting from use of the Software by both the Licensee and its Users, online or offline, regardless of any agreements made between it and its Users of the Software. The Licensee agrees no such contract between it and its User may make the Licensor in any way liable for the actions of either party, and may not negate or affect or supercede any part of this Agreement. The Licensee understands and agrees that any violation by any User of the Licensee's Software copy may warrant termination of this Agreement with the Licensee (as defined under the Termination section found in this Agreement) and require immediate removal of the Software.

The Licensee also agrees that all file upload, file manipulation, file download, file distribution, file access, file playback, file viewing, or other Uses of the Software by Users of the Software are considered, by this Agreement, as the sole responsibility and liability of the Licensee of this Software, unless such actions are bound to the Users of the Software by legal and binding agreements made between the Licensee and its Software Users. In all cases, legal or otherwise, the Licensee agrees that the Licensor is free of all liability for damages or harmful effects in all forms by all such agreements and Use of the Software by the Licensee and all Users of the Licensee's Software. The Licensee agrees that the Licensor, in all cases, is free from liability and damages in all forms for Use of the software by the Licensee and its Software Users, including all actions and issues resulting in legal action, fees, or monetary damages that results from such actions against the Licensee and its Software Users. The Licensee agrees to take full financial and legal responsibility for all such monetary damages, fees, and legal issues resulting from damages and harm caused by all Use of the Software by the Licensee and its Users in all cases, unless such responsibility and liability falls solely and completely on its Users, as set forth in contractual or other agreements. The Licensee agrees that all Use of the Software by the Licensee and other User's of the Licensee's Licensed Software that violates this Agreement, copyright laws, patent laws, international treaty, or other action or result deamed harmful to the Licensor, the Software, or the Agreement, gives the Licensor full right to terminate this Agreement with the Licensee, as defined under the Termination section found in this Agreement, as well as require immediate removal of the Software.

The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may create their own independent usage contracts or agreements to all the Users of its Licensed copy of the Software, as long as such agreements do not impose on, transfer, violate or constrain the rights imposed by this Agreement on the Licensee. In all cases, the Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available any copies or installations of the Software on other computers for use by one or more third parties, other than the ones strictly covered under this Agreement

RESTRICTIONS

The Licensee may NOT:
(i) decompile, reverse engineer, disassemble or otherwise reduce the Software to any other form or format.
(ii) rent, lease, lend, sublicense, assign, or otherwise transfer their rights in the Software, other than provide limited agreements to its Users to Use the Software under its own terms. Such agreements may transfer responsibility and liability from the Licensee to the User of the Software in terms of content Use with the Software, but may not violate this Agreement between Licensor and Licensee in any form.
(iii) define agreements with its Users of this Software that make the Licensor, its Vendors, its distributors, or its representatives liable in any form for any use or misuse of the Software by the Licensee or its Users, or for copyright infringement, damages and harm to other entities. This includes any actions that violate any international copyright, patent, digital rights, contracts, agreements, this Agreement, or other laws enacted by state or goverment entities anywhere in the world. This also includes file sharing laws, acts and copyright infringements of any kind.
(iv) create derivative works based upon the Software or any part thereof.
(v) distribute copies of the Software or sell copies of the Software, or authorize all or any portion of the Software to be copied onto another user's Computer, except as may be expressly permitted herein.
(vi) electronically transfer the Software over a network, a telephone circuit or the Internet, other than to move a copy of the Software, Licensed to the Licensee, from one computer to another.
(vii) remove any proprietary notices, copyrights, branding, or labels on the Software, except as defined elsewhere under this Agreement, or with permissions from the Licensor (www.GiantIsland.com).
(viii) use the Software to encode, distribute, reproduce, profit from, or copy any property, iles, data, or information you do not have the right to encode, reproduce, distribute, play, view, upload, download, share, or copy.
(viv) use the Software to view, download, upload, listen, transfer, activate, copy, share or use files and materials protected by copyright law, and in which the Licensee or its Users have not been granted the necesary rights to do so under current laws, or as granted by the holders of such rights.
(x) use the Software to create web sites whose sole purpose is to illegally distribute, play, or sell patented or copyrighted materials or illegal materials in any form, including music, photos, illegal pornography, illegal video, copyrighted materials, or other unlawful media and information.
(xi) integrate or use the Software with any other software or code, other than the web site it is installed in, nor with any code or software who's code or license violates or challenges the Agreement and License provided with this Software.
(xii) ship, transfer or export the Software into any country or use it in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 

OWNERSHIP

The Software is Licensed, not sold. This License Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software. The foregoing Agreement gives the Licensee limited rights to use the Software. All rights, including intellectual property rights, as well as title, interest, distribution, copyrights, in and to the Software, as well as any copies Licensee is permitted to make herein, are retained and remain exclusively with the Licensor (GiantIsland LLC) and it's successors. The Software and any authorized copies that you make are the intellectual property of and are owned by the Licensor. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by the Licensor. All Software and its copies are owned by the Licensor, GiantIsland LLC, and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. Intellectual property rights includes the code, its representation online and offline, its functionality, its look and feel, its files, folders, images, information, data, binary media, and supporting documentation.

If the Software is an update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such updates. All Updates are provided to you on a license exchange basis. You agree that by Using an update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the update but only to assist you in the transition to the update, provided that: (a) the update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another Computer unless all copies of the update are also transferred to such Computer; and (c) you acknowledge that any obligation the Licensor may have to support the previous versions of the Software may be ended upon availability of the update. 

LIMITED MODIFICATION

You may not modify, adapt, translate, duplicate, create derivative works, reverse engineer, decompile, disassemble or otherwise falsify the source code of the Software, except as described in this Agreement below, and to the extent you may be expressly permitted to decompile under applicable law or is essential to do so in order to achieve operability of the Software with another software program or system.

The Licensor grants the Licensee some limited modification rights as defined below, as long as such modifications do not violate any other part of this Agreement, remain lawful, and do not violate any international or local laws, including those provided for by copyright laws and treaties.

The Licensee may:
(i) translate the software code and any of its written code or documentation to another language. The Licensor and its Vendors are not obligated to assist or support such changes. The Licensee agrees all such changes are still covered by this Agreement.
(ii) adapt and modify the Software and its source code, to their needs, as long as copyright and branding remain in the Software and are not removed. The Licensee may modify the Software to support additional functionality, but may not change the license or copyright notices found anywhere in the software, nor add new licenses or copyrights to materials created and owned by the Licensor.

No code changes, that affect the following items, are allowed under this agreement. In all cases, these supercede all other stated allowed modifications stated in this agreement:
(i) no modification to the number of Security Module "users" is allowed.
(ii) no rebranding of the software is allowed
(iii) no modification to or change to the licensing of the software is allowed (unless stated in writing and agreed to by GiantIsland LLC)
(iv) no modification that does performs any illegal activity in any form online or offline is allowed

Any modifications made must be made from the code and source provided on purchase. The Licensor is not obligated in any way to deliver any additional source code or support for such changes. The Licensee agrees the Licensor is not in any way liable for the consequences of any such modifications made to the Licensee's Software copy. The Licensee agrees all such changes are still covered by this Agreement and may not violate current copyright laws or treaties. The Licensor and its Vendors are not obligated to assist or support such changes.

No other changes or rights are granted outside of this permission. All changes made by the Licensee is covered in full by the Agreement, and like the Software, is not transferable to outside third parties, users, individuals, or Users. Such modifications to the Software in no way change any of the liabilities and responsibilities defined by this Agreement on the Software. All such changes by the Licensee remain covered by this Agreement, but are not supported by the Licensor, or its Vendors, in terms of support. In addition, the Licensee agrees to grant to the Licensor the rights to all such modifications made by them to the Software, including all rights and copyrights, transferred in full, to such changes, if the Licensor so chooses (at any time), and which, for whatever reason, are not covered by this Agreement, legally, or by default.

The Termination of this Agreement, as defined by the Termination section of this Agreement, is in effect, if changes are made that violate any part of this Agreement.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO CIRCUMSTANCES, SHALL THE LICENSOR OR ITS VENDORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAMS BE LIABLE TO YOU, THE LICENSEE, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, SAVINGS, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COPYRIGHT INFRINGEMENT, CONTRACT, NEGLIGENCE, STRICT TORT, OR OTHER PECUNIARY LOSS) RELATED TO THE LICENSEE'S USE OR RELIANCE UPON THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, OR CAUSED BY THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OR IF SUCH DAMAGES ARE FORESEEABLE FOR ANY OTHER CLAIM BY ANY OTHER PARTY. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. BECAUSE SOME JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL CASES, THE LICENSOR'S LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED THE LICENSE FEE PAID FOR THE RIGHT TO USE THE SOFTWARE BY THE LICENSEE.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE LICENSOR's AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE AND ITS LICENSE, IF ANY. The Licensor is acting on behalf of its vendors and suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THE AGREEMENT, OR PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION OF THE AGREEMENT SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THE PARTIES, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

ADDITIONAL LIMITATIONS OF LIABILITY

The Licensee shall hold harmless the Licensor and its Vendors in the event that the Software causes damage to the Licensee's computer, Licensee's data, Licensee's server, Licensee's users, Licensee's Host Provider (their computers and data), any file copyright holders, or parties affected by content uploaded, saved, downloaded or exchanged using the Licensee's copy of the Software. In all cases, you, the Licensee are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software, your files, those of your Software Users, and your computer data, as well as monitor and prevent illegal file sharing and viewing, to the best of your abilities, subject to the provisions of this Agreement. In no event shall the Licensor's liability exceed the license fee paid, if any.

INDEMNITY 

You agree to indemnify and hold theLicensor and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, vendors, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right

WARRANTY

(a) NO WARRANTY. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND THE LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR AND ITS VENDORS, IF ANY, PROVIDE NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE. THE LICENSOR AND ITS VENDORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTIBLITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE LICENSOR ALSO DISCLAIMS ANY WARRANTY ON THE OVERALL ACTIVITY AND PERFORMANCE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY(30) DAYS FROM THE DATE OF DELIVERY AND THE LICENSOR LIMITS LIABILITY TO ANY DAMAGES TO THE PURCHASE PRICE OF THE SOFTWARE ONLY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR, ITS VENDORS, DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY.

USE OF THE APPLICATION IS AT YOUR OWN RISK. THE LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE LICENSOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SOFTWARE. THE LICENSOR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SOFTWARE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SOFTWARE.

COPYRIGHTS AND CONTENT

All files ("items"), information, advice, links, communications or other materials posted by you to or through the Software shall be the Licensee's responsibility. You, the Licensee, agrees not to post or transmit any items that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable or copyrighted matreial without permission granted to you and all users of the file. You, the Licensee, grant, or warrant that the owner of such items has expressly granted either you, the Licensee, or your Users, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, download, share, distribute, copy, display and delete such items (in whole or in part) worldwide and or to incorporate such items in other works in any form, media or technology now known or later developed. Such items are public and not private communications. 

The Licensee agrees to comply with copyright law in Using the Software, and expects and enforces its Users to do the same. The Licensee may not use the Software to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Software in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Software, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. 

Unauthorized copying or distribution of copyrighted files, video, images, and music is an infringement of the copyright holder's rights. At the Licensor's discretion and in appropriate circumstances, the Licensor may revoke the License of Licensees who use the Software to infringe upon the copyright, or other intellectual property rights, of others. Under this Agreement, the Licensee agrees that the Licensor may terminate the License with the Licensee for the Software, if alerted of copyright infringements which prove valid, and to assist and refer all copyright holders claiming infringement to the Licensee's known web site Host Provider, if known by the Licensor, as well as provide support and additional resources to such individuals or organizations, as needed. Under this Agreement, the Licensee agrees in full, that they will not use the Software to violate any copyright laws or the rights of copyright holders, or allow their users to do that same. The Licensee also agrees that in no way shall the Licensor be held liable, in any way, for copyright violations caused by the Licensee's use of the Software, or that of its Users, nor held responsible for such infringements by either the copyright holders, their representatives, or the Licensee and its Users in court or in any legal or non-legal challenges.

The Licensee agrees and understands the Licensor does not support use of their Software for copyright infringement purposes, and that the Licensor reserves the full right to assist any party it chooses in both removing such files, terminating the use of the Software by the Licensee, as well as taking legal action against all Licensees and/or Users of its Software who are in violation of this Agreement and any copyright laws. The Licensor also retains, under this Agreement with the Licensee, full rights to take legal or non-legal actions in support of all such cases of copyright violations and/or legal or non-legal use of its Software by the Licensee(s), and reserves the right to stand in defense of the lawful use of the Software and its Agreements against the Licensee, its User(s) and any other third party, should the Licensee or any other party violate those Agreements and laws. The Licensee agrees to not challenge or sue the Licensor, nor challenge this right, nor take any legal action against the Licensor in this or any other case involving use of the Software or violations of copyright. The Licensee agrees not to hold the Licensor liable for any unlawful use of the Software by the Licensee or any of its Users in any way, including copyright infringements, nor challenge in any way any violation made by them in any part of the Agreement, as determined by the Licensor.

COPYRIGHT HOLDERS

If you are an artist or other copyright holder who believes that the Licensee's Software is hosting or linking directly to infringing copies of your work, please let the designated Copyright Agent Contact of the Licensee's web site Host Provider (where the web site is hosted) of the Software know, using the information below:

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Software must be a written communication addressed to the Licensee, his web site Host Provider, or the Licensor, as set forth above, and must include substantially all of the following: 

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; 
Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; 
Information related to the work(s) reasonably sufficient for Licensee to promptly locate the work (e.g. title of work, location within the Application, etc.); 
Information reasonably sufficient to permit the Licensor to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; 
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
A statement requesting that the Licensee or their Host Provider of the Software take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and 
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

This is in pursuant to 17 United States Code 512(c)(2). These laws allow the Host (or Licensee) to remove the copyrighted materials from the server where they are hosted or where they reside. You may also contact us, the Licensor of the Software, for more information or assistance:

GiantIsland LLC
sales@GiantIsland.com

Under this Agreement, the Licensor reserves the right to inform you, the Licensee, of known infringements, and to terminate your use of the software if such violations warrant, since such use of the Software in this way, is in violation of this Agreement.

SUPPORT

The Software is provided as is and must be purchased on the assumption that it will not be supported by the Licensor. The Licensor makes no guarantee of any offer of support for problems arising through use of the Software, its installation, use, or from modifications to the Software by the Licensee or its Users. The Licensor does reserve the right to offer limited support to any Licensee of the Software only (based on purchase email address verification), but impose reasonable conditions before support will be provided for the Software and to request a reasonable fee before providing any support information to any Licensee, if needed. Only Licensees will be provided such support options. Any such information supplied by the Licensor may only be used by the Licensee, for the purpose described herein and may not be disclosed or oublished to or by any third party or used to create any software which is substantially similar to the Software. Requests for information should be directed to the Licensor by email, as found in the Licensor or Software web site support or faq web page(s).

AGREEMENT MODIFICATION 

The Licensor may modify this Agreement at their sole discretion. A change of terms notice will be posted at the top of this Agreement, and change date at the bottom. In the event of a material change to this Agreement the Licensor will use reasonable efforts to notify you, the Licensee, by sending notice to the email address that you have provided. If any modification is unacceptable to you, the Licensee, you agree that your only recourse is to immediately terminate your use of the Software and destroy any copies in your possession. Your continued use of the Software following our posting of a change of terms notice or a new License Agreement or date on the Software will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO THE LICENSOR TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT AND THE SOFTWARE. 

TERMINATION

This Agreement is effective until terminated. The Licensor may terminate this Agreement if the Licensee fails to comply with the terms and conditions of this Agreement. No notice shall be required from the Licensor to effectuate such termination. All provisions found in the Agreement, including, but not limited to, ownership, disclaimer of warranties, limitation of liability and the general provisions, shall survive the termination of this Agreement. In addition, the Licensor reserves the right to terminate this Agreement and discontinue your right to Use the Software at any time for any reason, and with or without notice. Upon termination, the Licensee must destroy all copies of the Software and all of its component parts. Only the Licensee's personal files, as uploaded or added to the Software, may be retained.

As may be noted elsewhere, those areas or provisions that survive the termination of this Agreement, howsoever caused, shall not imply or create any continued right to Use the Software after termination of this Agreement.

GENERAL

No delay or failure to take action under this Agreement shall constitute any waiver by the Licensor of any provision of this Agreement. This Agreement (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between the Licensor and you, the Licensee, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you, The Licensee, and may not be transferred, assigned or delegated to anyone. Any attempt by you, the Licensee, to assign, transfer or delegate this Agreement shall be null and void. 

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by an authorized officer of the Licensor (GiantIsland LLC). Updates may be licensed to you by the Licensor with additional or different terms. This is the entire agreement between the Licensor and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 
 
Compliance with Licenses. If you are a business or organization, you agree that upon request from the Licensor or the Licensor's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from the Licensor. 

This (End User) License Agreement shall be governed by the laws of the State of Texas and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Texas. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement stored with the Software. 

If you have any questions regarding this License Agreement or if you wish to request any information from the Licensor or Vendor please use the  contact information included with this product or via the web at www.GiantIsland.com.

ENTIRE AGREEMENT

THIS LICENSE AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN LICENSEE AND THE LICENSOR AND SUPERSEDES ANY OTHER PRIOR AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, REGARDING THE SOFTWARE. IF A PROVISION OF THIS AGREEMENT IS DEEMED NULL AND VOID, INVALID OR WITHOUT EFFECT, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN EFFECT. FAILURE TO COMPLY WITH ANY OF THE TERMS UNDER THE LICENSE SECTION WILL BE CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT.

LICENSE FEE

THE ORIGINAL PURCHASE PRICE PAID BY THE LICENSEE FOR THE SOFTWARE AND ALL ADDITIONAL SOFTWARE MODULES AND PARTS COMBINED WILL CONSTITUTE THE ENTIRE LICENSE FEE AND IS THE FULL CONSIDERATION FOR THIS AGREEMENT.

REFUNDS

PLEASE MAKE SURE THAT YOUR SERVER MEETS THE REQUIREMENTS BEFORE PURCHASING. BECAUSE THE SOFTWARE IS BEING PROVIDED AS SOURCE CODE, WE REGRET THAT WE CANNOT OFFER REFUNDS. In cases where the Licensee has some grievance or complaint due to some specific flaw found in the software,if the issue is found and sent to us within a 30 day period from date of purchase, the Licensor may provide a full the Licensor with a detailed description of this issue in writing (by email). Upon approval, the Licensor has the option to return the original License Fee to the Licensee only, as stated above, with the understanding that the license agreement with the Licensee will be terminated as defined in the Termination section found in this agreement.

Rev 011/15/08