3rd Party (Commercial)
Current Version: 2.0.6
Release Date: May 5, 2016
EE Version Support
- ExpressionEngine 2
SurgeEO Commercial License
# Digital Surgeons
This license (the “License”) is a legal agreement between you (either an individual or a single entity) and Digital Surgeons, LLC (“DS”) for the use of DS Software (DS modules, extensions, plugins, field-types, classes or other commercial software DS makes available for download and/or purchase), specifically; **BiopsEE**.
If you do not accept the License terms stated herein, do not use DS Software.
By downloading or using any DS Software you agree to be bound by the terms and conditions of this License, if you do not wish to accept the terms of this License, do not download the DS Software.
### Basic Terms
1. You are responsible for any activity that occurs as a result of your download and use of DS Software.
2. You are responsible for keeping installations secure.
3. You may not use DS Software for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content transmission protocol.
4. You may not attempt to gain unauthorized access to any portion or feature of DS Software, or any other systems or networks connected to or through DS Software by hacking, password “mining” or any other illegitimate means.
5. You may not reverse look-up, trace or seek to trace any information on any other user of the DS Software, or any customer, partner, affiliate or subsidiary of DS.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of DS Software.
7. You may not pretend that you are, or represent, DS, or an individual associated with the support, distribution or maintenance of DS Software.
8. You must not transmit any worms or viruses or any code of destructive nature using DS Software.
9. You must not, in the use of DS Software, violate any laws in your jurisdiction (including, but not limited to copyright, trademark and other Intellectual Property laws).
10. Violation of any of these License terms will result in the termination of your License
11. You acknowledge and agree that DS may preserve any transmittal or communication by you with DS.
### Reservation of Rights
DS reserves the right, at its sole discretion, to change, modify, add or remove portions of these License terms. It is your responsibility to check the License for changes and updates. Your continued use of the DS Software following the posting of changes will act as your acceptance and agreement to be bound by the changes.
DS reserves all rights not expressly granted to you in this License. DS is protected by copyright and other intellectual property laws and treaties. DS owns all title, copyright, and other intellectual property rights, registered or unregistered in DS Software, its files, and its source code. **BiopsEE** is licensed, not sold. This License does not grant you any rights to trademarks or service marks.
### License Use and Applications
This License applies to DS Software and any accompanying code, distributable files, data, and materials contained within the same download pack. Each download conveys the rights to a single License, which shall grant you the use of **BiopsEE** on one website. This does not necessarily mean “one EE install,” as some people use EE to manage multiple websites via Multiple Site Manager. Specifically, it means “one domain.” Each additional domain use requires an additional purchased license.
### Scope of License
Subject to the terms of this License, DS grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to use, install or copy the DS Software.
All rights of any kind in DS Software, which are not expressly granted in this License are entirely and exclusively reserved to and by DS.
You may use, install and copy DS Software 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 DS Software, in whole or in part, nor permit anyone else to do so. You may not make access to DS Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
All copyright and proprietary notices and logos in the Control Panel and within the DS Software files must remain intact and unaltered.
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 at the point and moment of purchase. DS reserves the right to change prices at its sole discretion.
### Modifications and Copies
You may alter, modify, or extend the DS 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 DS. Components from the DS Software may not be extracted and used in other programs without prior written consent from DS.
You may make copies of the DS Software for back-up purposes, provided that you reproduce the DS Software in its original form and with all proprietary notices on the back-up copy.
### DS Software Updates
DS will provide you with notice of applicable updates to DS Software. DS reserves the right to make these updates available for free or for a fee. DS has no obligation to provide you with any updates and nothing in this License shall be construed to obligate DS to provide updates to you under any circumstances.
Without prejudice to any other rights, DS 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 and copy BiopsEE terminates automatically and you must then destroy all copies of it in your possession.
DS offers refunds on returned DS Software within 30 days of purchase. Send a refund request by emailing [email@example.com](mailto:firstname.lastname@example.org) for assistance.
DS represents and warrants that it has full title and ownership to DS Software and has the authority to grant the license hereunder. To the best of DS’s knowledge, no DS Software infringes upon the intellectual property rights of any third party and that DS did not receive any notice regarding any alleged infringement thereof.
You agree to indemnify and hold harmless DS for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the DS Software, or a violation of any terms of this License.
### Disclaimer of Warranties
DS Software and its related materials are provided “AS IS” and 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, DS does not warrant that the DS Software or any related software and/or support will always be available.
### Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS 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 DS SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH DS SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF DS SOFTWARE, 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 DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DS’S LIABILITY EXCEED THE LICENSE FEE PAID FOR THE DS SOFTWARE.
### Assumption of Risks
You assume all risk associated with the installation and use of DS Software. In no event shall DS be liable for claims, damages or other liability arising from, out of, or in connection with the DS Software’s installation and/or use. You, as a License-holder are solely responsible for determining the appropriateness of use and assume all risks associated with its use, including but not limited to the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations.
### Technical Support
Technical support is available primarily through emailing [BiopsEE@digitalsurgeons.com](mailto:BiopsEE@digitalsurgeons.com). Responses will try to be given in a timely fashion, however, no representations or guarantees are made regarding the response time in which support inquiries are answered.
### Accounts, Passwords and Security
Certain features or services offered on or through DS or the DS Software may require you to open an account (including setting up and ID and password) with DS or a separate third-party. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notifty DS immediately of any unauthorized use of your account or password, or any other breach of security that may reasonably affect DS or DS Software. You may be held liable for losses iuncurred by DS or any other user of the DS Software, or affected third party, due to someone else using your ID, password or account as a result of your failing to keep you account information secure and confidential.
You may not use anyone else’s ID, password or account, or allow anyone else to use your ID, password or account to download or access DS Software at any time without the express permission and consent of all parties, including DS. DS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
### Violation of These License Terms
DS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the DS Software, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DS’s rights in DS Software. DS reserves the right at all times to disclose any information that DS deems necessary to comply with any applicable law, regulation, legal process or governmental request. DS also may disclose your information when DS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, and may also disclose such data if required to do so by law or Digital Surgeons determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DS, its employees, users of DS Software, and the public.
You agree that Digital Surgeons may, in its sole discretion and without prior notice, terminate your access to the DS Software and/or block your future access to the DS Software if we determine that you have violated these License terms or other agreements or guidelines which may be associated with your use of the DS Software
You also agree that any violation by you of these License terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to DS, for which monetary damages would be inadequate, and you consent to DS obtaining any injunctive or equitable relief that DS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DS may have at law or in equity.
If DS does take any legal action against you as a result of your violation of these terms, DS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DS. You agree that DS will not be liable to you or to any third party for termination of your access to the DS Software as a result of any violation of these terms.
### Governing Law
You agree that all matters relating to your access to or use of the DS Software, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Haven County, Connecticut, and waive any objection to such jurisdiction or venue.
If any of the provisions of these License terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these License terms, so that this licensing agreement shall remain in full force and effect. These terms constitute the entire agreement between you and DS with regard to your use of DS Software, and any and all other written or oral agreements or understandings previously existing between you and DS with respect to such use are hereby superseded and cancelled.
Exceptions to any restrictions herein are limited to the extent necessary to comply with additional applicable open-source licenses (such as MIT or New Style BSD licenses). Exceptions shall be narrowly construed so as to apply only to those such portions as included in the DS Software. All additional restrictions and terms as contained herein in this License agreement shall continue to apply to the extent they do not contradict the open-source license regulations.
DS’s failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by DS of any provision or any right it has to enforce these terms, nor shall any course of conduct between DS and you or any other party be deemed to modify any provision of these terms.