END-USER SOFTWARE LICENSE AGREEMENT =================================== 1. PRE-AMBLE: 1.1 Before using this Software, you should carefully read the following terms and conditions. 1.2 Installing and/or operating this Software indicates your acceptance of these terms and conditions. 1.3 If you do not agree with these terms and conditions, then do NOT install the software. 2. GENERAL: 2.1 COINSoft Technologies Inc. (COINSOFT) provides the software package known as phpCOIN (THE SOFTWARE) and licenses its use to you, the Customer. 2.2 COINSOFT retains ownership of all rights in THE SOFTWARE and of all proprietary technology embodied therein. You acknowledge that the unauthorized distribution or use of THE SOFTWARE or documentation received from COINSOFT will cause Material Damage to COINSOFT. 2.3 You assume responsibility for the selection of the programs to achieve intended results, and for the installation, use and results obtained from THE SOFTWARE. 3. WARRANTY: 3.1 COINSOFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SOFTWARE AND ANY DOCUMENTATION, INCLUDING ALL WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.2 COINSOFT TECHNOLOGIES INC.'S LIABILITY FOR DAMAGES TO THE LICENSEE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED THE TOTAL LICENSE FEE PAID BY THE LICENSEE FOR THE LICENSE TO USE THE SOFTWARE UNDER THIS AGREEMENT. 3.3 COINSOFT TECHNOLOGIES INC. SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS OR USE OF EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. 4. LICENSE: 4.1 Based solely on your acceptance in whole of this License, the following non-transferrable and non-exclusive rights have been granted to you when using THE SOFTWARE. 4.1.1 You may install and run THE SOFTWARE as intended. 4.1.2 You may alter THE SOFTWARE code as desired for personal use. 4.1.3 You may create additional functionality in the form of modules, themes, etc., and distribute these items unrestricted. You may obtain financial compensation for these modules, if desired. 4.1.4 You may obtain financial compensation for sevices related to the installation, customization, or hosting services related to THE SOFTWARE. 4.1.5 If you provide an additional module or service for which you are receiving compensation, you MUST clearly indicate to your customer that THE SOFTWARE is provided free of charge. 4.1.6 The phpCOIN logo that is visible when THE SOFTWARE is installed is for display purposes only. You are expected and encouraged to utilize your own logo on all web-sites and in all communications. 4.2 Based solely on your acceptance in whole of this License, the following restrictions are in effect when using THE SOFTWARE. 4.2.1 You may NOT redistribute THE SOFTWARE, in any form, for a fee or financial compensation of any kind. 4.2.2 You may NOT under any circumstances edit or remove the credit or copyright text in the header of each file. 4.2.3 You may NOT redistribute THE SOFTWARE without the express written consent of COINSOFT. 4.2.4 You may NOT edit the code to remove the "Powered By phpCOIN" statement from the final html output, or to make it difficult for a human to easily see, without express written consent from COINSOFT. 4.2.5 If you provide themes for THE SOFTWARE, you may append your own "Theme by" link to the "Powered by phpCOIN" statement. 4.2.6 You may NOT edit the code to modify or remove the '' html output from THE SOFTWARE. 4.2.7 You may NOT, in any manner, convey to others that the Author of this software is anyone other than Mike Lansberry if THE SOFTWARE is version 1.2.0 or lower, or COINSOFT is THE SOFTWARE is version 1.2.1 or higher. 4.2.8 You may NOT remove portions of THE SOFTWARE code for the purpose of creating standalone scripts. 4.2.9 You must upload this file with THE SOFTWARE installation, in the /coin_docs folder to permit version and/or license verification. 5. TERM: 5.1 This License is effective until terminated. 5.2 You may terminate this License at any time by destroying THE SOFTWARE along with any copies, modifications and merged portions in any form. 5.3 The License will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy THE SOFTWARE together with all copies, modifications and merged portions in any form. 6. ENTIRE AGREEMENT: 6.1 This License is the entire agreement between you and COINSOFT and supersedes any prior agreement or understanding relating to the subject matter of this License. 7. GOVERNING LAW: 7.1 This License shall be governed by the laws of Nova Scotia, Canada and is subject to the exclusive jurisdiction of Nova Scotia courts. 7.2 COINSOFT reserves the right, but not the obligation, to pursue legal action for violation if the License in any court, in any country whatsoever. 8. RESTRICTED RIGHTS LEGEND: 8.1 Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-70