Terms of Use

Version 1.0.1

Last updated on September 14, 2021

This license agreement is a legal agreement between you and Photon CMS, Inc. covering the use, copying, and distribution of Photon CMS Software (the “Software”). By downloading any Photon CMS files or resources, you agree to be bound by the terms and conditions of this license. If you do not agree to all of the terms and conditions of this license agreement, then do not download, use, copy, or distribute Photon CMS.

Photon CMS, Inc. reserves the right to alter this agreement at any time, for any reason, without notice.

Permitted Uses and Restrictions; No Redistribution.

A single license grants you the right to use the Software on one public-facing or intranet domain (website). You may use the Software on unlimited development sites for testing or development purposes. Each additional domain using the Software requires an additional purchased license.

You may not rent, lease, loan, sublicense, sell, transfer or otherwise redistribute the Software, in whole or in part. You may not copy, decompile, reverse engineer, disassemble, modify, create derivative works of based on the Software, in whole or in part, nor permit anyone else to do so.

All copyright and proprietary notices within the Software files must remain intact.

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

You may not use the Software in violation of any U.S. or international law or regulation.

Making Copies

You may make copies of the Software for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy.

Software Usage

You may alter, modify, or extend the Software for your own use, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version without prior written consent from Photon CMS, Inc.

Technical Support

Photon CMS, Inc. does not provide direct phone support at this time. No representations or guarantees are made regarding the response time in which e-mail support questions are answered, but we will do our best to respond quickly.

Refunds

Photon CMS, Inc. offers limited refunds on Software within 15 days of purchase. Contact [email protected] for assistance.

Consent to Use of Data

You agree that Photon CMS, Inc. may collect and use technical data and related information - including but not limited to information about your server environment, to facilitate the provision of Software updates, support, and other services to you (if any) related to the Software. Photon CMS Inc. may use this information to improve its products or to provide services or technologies to you.

Copyright

The Software is protected by copyright and other intellectual property laws and treaties. Photon CMS, Inc. owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This License Agreement does not grant you any rights to trademarks or service marks.

Warranty

Photon CMS, Inc. represents and warrants that it has full title and ownership to Software and has the authority to grant the license hereunder. To the best of Photon CMS, Inc.’s knowledge, Software does not infringe upon the intellectual property rights of any third party and Photon CMS, Inc. has not received any notice regarding any alleged infringement thereof.

Disclaimer Of Warranty

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PHOTON CMS, INC. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

Termination

Without prejudice to any other rights, Photon CMS, Inc. may terminate this license agreement if you fail to comply with the terms and conditions of the License. In such event, your right to use, install, copy, and distribute the Software terminates automatically and you must then destroy all copies of the Software in your possession.

Limitations Of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PHOTON CMS, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Photon CMS, Inc’s total liability to you for all damages exceed the amount of license fees paid.

Waiver and Indemnity

BY USING THE SOFTWARE AND PHOTON CMS, INC. SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PHOTON CMS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY PHOTON CMS, INC. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM PHOTON CMS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PHOTON CMS, INC.’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.