.htaccess for nginx License Agreement


THIS AGREEMENT IS ENTERED INTO BETWEEN ROADFAMILY LLC, WYOMING USA ("LICENSOR"), AND THE RESPECTIVE CUSTOMER ("LICENSEE"). THE PARTIES HERETO AGREE AS FOLLOWS.

1. GRANT OF LICENSE. SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT, LICENSOR GRANTS TO LICENSEE A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE SOFTWARE (THE "LICENSED PROGRAM"). LICENSEE MAY USE THE LICENSED PROGRAM IN EXECUTABLE FORMAT FOR ITS OWN USE, AND MAY TRANSLATE OR MODIFY THE LICENSED PROGRAM OR INCORPORATE THEM INTO OTHER SOFTWARE. LICENSEE MAY NOT, HOWEVER, TRANSFER OR SUBLICENSE THE LICENSED PROGRAM TO ANY THIRD PARTY, IN WHOLE OR IN PART, IN ANY FORM, WHETHER MODIFIED OR UNMODIFIED.

2. CONSIDERATION. LICENSEE SHALL PAY THE LICENSE FEES. LICENSE FEES DO NOT INCLUDE ANY SHIPPING, DUTIES, BANK FEES, SALES, USE, EXCISE OR SIMILAR TAXES DUE. IF LICENSOR IS REQUIRED TO PAY ANY SUCH AMOUNTS, LICENSEE SHALL REIMBURSE LICENSOR IN FULL.

3. COPIES. LICENSEE MAY MAKE COPIES OF THE LICENSED PROGRAM IN EXECUTABLE CODE FORM AS NECESSARY FOR USE BY LICENSEE AND FOR BACKUP OR ARCHIVE PURPOSES. LICENSEE AGREES TO REPRODUCE AND APPLY THE COPYRIGHT NOTICE AND PROPRIETARY NOTICE OF LICENSOR TO ALL COPIES MADE HEREUNDER, IN WHOLE OR IN PART AND IN ANY FORM, OF LICENSED PROGRAM.

4. OWNERSHIP. THE ORIGINAL AND ANY COPIES OF THE LICENSED PROGRAM, MADE BY LICENSEE, INCLUDING TRANSLATIONS, COMPILATIONS, PARTIAL COPIES, MODIFICATIONS, AND UPDATES, ARE THE PROPERTY OF LICENSOR.

5. TERM. THE LICENSE GRANTED HEREUNDER SHALL CONTINUE UNLESS AND UNTIL TERMINATED PURSUANT TO SECTION 6 HEREOF AND SUBJECT TO LICENSEE'S PROPER PERFORMANCE OF ITS OBLIGATIONS HEREUNDER.

6. TERMINATION. LICENSOR MAY TERMINATE THIS AGREEMENT IF LICENSEE IS IN DEFAULT OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND FAILS TO CORRECT SUCH DEFAULT. LICENSEE MAY TERMINATE THIS AGREEMENT ANYTIME WITHOUT GIVING A REASON. IN THE EVENT OF TERMINATION, LICENSEE WILL IMMEDIATELY DISCONTINUE USE OF THE LICENSED PROGRAM.

7. MAINTENANCE AND SUPPORT. IF LICENSEE NOTIFIES LICENSOR OF A SUBSTANTIAL PROGRAM ERROR RESPECTING THE SOFTWARE, OR LICENSOR HAS REASON TO BELIEVE THAT ERROR EXISTS IN THE SOFTWARE AND SO NOTIFIES LICENSEE, LICENSOR SHALL AT ITS EXPENSE VERIFY AND ATTEMPT TO CORRECT SUCH ERROR. IF LICENSEE IS NOT SATISFIED WITH THE CORRECTION, THEN LICENSEE MAY TERMINATE THIS AGREEMENT, BUT WITHOUT REFUND OF ANY AMOUNT PAID TO LICENSOR OR RELEASE OF ANY AMOUNTS DUE LICENSOR AT THE TIME OF TERMINATION. IN THE CASE THAT LICENSEE HAS TECHNICAL QUESTIONS IN THE USE OF THE SOFTWARE, LICENSEE MAY SUBMIT THOSE QUESTIONS TO LICENSOR. LICENSOR SHALL PROVIDE CONSULTING TO ANSWER SUCH QUESTIONS WITHOUT CHARGE TO LICENSEE.

8. WARRANTY DISCLAIMER. LICENSOR LICENSES, AND LICENSEE ACCEPTS, THE LICENSED PROGRAM "AS IS". LICENSOR PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAM, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAM WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

9. COPYRIGHT INDEMNITY. LICENSOR SHALL HAVE NO LIABILITY FOR ANY CLAIM OF PATENT, COPYRIGHT OR TRADE SECRET INFRINGEMENT BASED ON THE USE OF A LICENSED PROGRAM IN ANY FORM OTHER THAN THE ORIGINAL, UNMODIFIED FORM PROVIDED TO LICENSEE OR THE USE OF A COMBINATION OF THE LICENSED PROGRAM WITH HARDWARE, SOFTWARE OR DATA NOT SUPPLIED BY LICENSOR WHERE THE USED LICENSED PROGRAM ALONE IN THEIR ORIGINAL, UNMODIFIED FORM WOULD NOT CONSTITUTE AN INFRINGEMENT. THE FOREGOING STATES LICENSEE'S ENTIRE LIABILITY FOR INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHT.

10. LIMITATION OF LIABILITY. LICENSOR'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO LICENSOR. IN NO EVENT SHALL LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.

11. NON-ASSIGNMENT. THIS AGREEMENT AND THE LICENSE GRANTED BY IT MAY NOT BE ASSIGNED, SUBLICENSED, OR OTHERWISE TRANSFERRED BY LICENSEE WITHOUT THE PRIOR WRITTEN CONSENT OF LICENSOR.