Day or Night
3rd Party (Commercial)
Current Version: 1.0
Release Date: Nov 21, 2014
EE Version Support
- ExpressionEngine 2
Day or Night Commercial License
‘Day or Night’ License
Day or Night
Copyright ©2014 No Two The Same Limited. All rights reserved.
This license (the “License”) is a legal agreement between you (either an individual or a single entity) and No Two The Same Limited (“No Two The Same”) covering the use, installation, copying or distribution of ‘Day or Night’.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute ‘Day or Night’. In addition, you may return to No Two The Same a copy of your License Key, and a signed Affidavit of De-Installation and Non-Use within thirty (30) days after purchase, for a full refund of the license fee, detracted of any purchase-specific fees and expenses already paid or to be paid by No Two The Same including refund-related costs.
TERMS AND CONDITIONS
1. Your Agreement to this License
This License applies to the ‘Day or Night’ code and any accompanying distributable files, data, and materials. You should carefully read the following terms and conditions before using, installing, copying, or distributing ‘Day or Night’. Unless otherwise agreed in a writing signed by No Two The Same, your use, installation, copying, or distribution of ‘Day or Night’ indicates your acceptance of this License.
The terms and conditions of this License describe the permitted use of each Licensed Copy of ‘Day or Night’.
2. Scope of License
Subject to the terms of this License, No Two The Same grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to use, install, copy, or distribute ‘Day or Night’.
All rights of any kind in ‘Day or Night’ which are not expressly granted in this License are entirely and exclusively reserved to and by No Two The Same. No Two The Same is protected by applicable national and international laws and treaties.
You may use, install, copy, and distribute ‘Day or Night’ solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on ‘Day or Night’, in whole or in part, nor permit anyone else to do so. You may not make access to ‘Day or Night’ available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
It is agreed that in exchange for the license set forth herein, you will pay a onetime license fee. The fee value will be specified in the No Two The Same official website at the moment of the purchase.
3. License Model
This is a single-site license, meaning you may integrate ‘Day or Night’ into one live website (the “Website”) at a time. You may also integrate ‘Day or Night’ into an unlimited number of websites that are not yet live, however you must purchase new Licenses before they become live.
4. License Validity
This license is valid only if the Website, is a work that uses ‘Day or Night’, and doesn’t go in competition with ‘Day or Night’ in the marketplace.
No Two The Same will provide you with free updates to ‘Day or Night’ for the remainder of ‘Day or Night’’ lifespan. Such updates will include any updates for ‘Day or Night’ that are released by No Two The Same for general distribution to ‘Day or Night’ licensees. No Two The Same has no obligation to provide you with any updates that are not released for general distribution to No Two The Same’s other licensees. Nothing in this Agreement shall be construed to obligate No Two The Same to provide updates to you under any circumstances.
6. Reservation of Rights and Ownership
No Two The Same reserves all rights not expressly granted to you in this License. No Two The Same is protected by copyright and other intellectual property laws and treaties. No Two The Same owns the title, copyright, and other intellectual property rights in ‘Day or Night’, its files, and its source code. ‘Day or Night’ is licensed, not sold. This License does not grant you any rights to trademarks or service marks.
Without prejudice to any other rights, No Two The Same may terminate this License if you fail to comply with the terms and conditions of the License. In such event, your right to use, install, copy, and distribute ‘Day or Night’ terminates automatically and you must then destroy all copies of ‘Day or Night’ in your possession.
No Two The Same represents and warrants that they have full title and ownership to ‘Day or Night’ and has the authority to grant the license hereunder. To the best of No Two The Same’s knowledge, ‘Day or Night’ does not infringe upon the intellectual property rights of any third party and that they did not receive any notice regarding any alleged infringement thereof.
9. Disclaimer of Warranties
‘Day or Night’ and its related material are provided “AS IS” and without warranty of any kind and the Owner expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NO TWO THE SAME BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE ASSETS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH ASSETS OR OTHERWISE ARISING OUT OF THE USE OF ASSETS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF ASSETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability
In no event shall No Two The Same’s liability exceed the license fee paid.