Ad Banner Manager 4.5 - Standard
End User License Agreement
For Smoke Ranch Software Ad Banner Manager
Revised May 4, 2007
Copyright © 2006 Smoke Ranch Software. All rights Reserved.
IMPORTANT: READ CAREFULLY: This Smoke Ranch Software End User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single entity) and Smoke
Ranch Software for the Smoke Ranch Software materials accompanying this EULA, which may
include computer software, associated media, printed materials, and “on line” or electronic
documentation (“Software”). BY INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. Smoke Ranch Software or its suppliers own the title,
copyright and other intellectual property rights in the Software (excluding the DotNetNuke Portal
Engine which is an Open-Source project). The Software is licensed, not sold. Specific License
Grant.
1. GRANT OF LICENSE. Smoke Ranch Software grants you the rights described in this EULA
provided that you comply with all the terms and conditions of this EULA:
General License Grant. Smoke Ranch Software grants you a non-exclusive, non-transferable right to use this module on your DotNetNuke(DNN) installation. Each DNN installation requires a single Production License. A DNN installation is defined as a single DNN database which can host multiple child portals. These portals may have their own unique web addresses, but they are managed from a single DNN host. You must purchase one additional Production License for each extra DNN installation. The Enterprise Edition of this product allows you to install and use this product on unlimited DNN installations, but these DNN installations must be owned by the same entity (an individual or organization). The Enterprise Edition license further grants you the right to distribute software within licensees organization and subsidiary companies, but not Franchisee, Parent, or Peer companies without the express written consent of Smoke Ranch Software.
--Source Code. When the source code is provided with the Software Product, Smoke Ranch Software grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
The right to modification of the Software Product does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by Smoke Ranch Software. You may, at your discretion, contact Smoke Ranch Software about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between Smoke Ranch Software and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between Smoke Ranch Software and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between Smoke Ranch Software and the user. Contact Smoke Ranch Software using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from Smoke Ranch Software.
--Documentation. With respect to electronic and other documentation, you may make any number
of copies (either in hard copy or electronic form) provided that such copies shall be used only for
internal purposes and are not republished or distributed beyond your premises.
--Reservation of Rights. Smoke Ranch Software reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
--Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
--Rental. You may not rent, lease, or lend the Software without express written permission
from Smoke Ranch Software.
--Termination. Without prejudice to any other rights, Smoke Ranch Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the Software and all of its component parts.
--Consent to Use of Data. You agree that Smoke Ranch Software and its affiliates may collect and
use technical information gathered as part of the product support services provided to you, if any,
related to the software. Smoke Ranch Software may use this information solely to improve our
products or to provide customized services or technologies to you. Smoke Ranch Software may
disclose this information to others but not in a form that personally identifies you.
3. SOFTWARE MAINTENANCE/UPDATES. Smoke Ranch Software is not obligated to provide
maintenance, technical support or updates to you for the Software. However, Smoke Ranch
Software may, in its sole discretion, provide technical support, updates and/or supplements of the
Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall
also be deemed to be included in the “Software” and therefore governed by this EULA, unless other
terms of use are provided by Smoke Ranch Software with such Updates.
4. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the
Software; including but not limited to any images, photographs, animations, video, audio, music,
text and “applets” incorporated into the Software and any copies of the Software that you are
expressly permitted to make herein, are owned by Smoke Ranch Software or its suppliers. All title
and intellectual property rights in and to the content which may be accessed through use of the
Software are the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Smoke Ranch Software.
6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SMOKE RANCH SOFTWARE AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS
OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE
EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR
ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT
SERVICES, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMOKE
RANCH SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF
CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
SMOKE RANCH SOFTWARE OR ANY SUPPLIER, AND EVEN IF SMOKE RANCH SOFTWARE OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF SMOKE RANCH SOFTWARE AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU
BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed
by the laws of the State of Idaho. If the Software was acquired outside the United States, then
local law may apply.
10. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the rights and restrictions
described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the
Software. The third party sites are not under the control of Smoke Ranch Software, and Smoke
Ranch Software is not responsible for the contents of any third party sites, any links contained in
third party sites, or any changes or updates to third party sites. Smoke Ranch Software is not
responsible for webcasting or any other form of transmission received from any third party sites.
Smoke Ranch Software is providing these links to third party sites to you only as a convenience,
and the inclusion of any link does not imply an endorsement by Smoke Ranch Software of the third
party site.
12. ENTIRE AGREEMENT. This EULA is the entire agreement between you and Smoke Ranch
Software relating to the Software and the support services (if any) and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the terms of any Smoke
Ranch Software policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
13. UPDATES. Smoke Ranch Software may make updates and changes to this license
agreement from time to time. Such changes will be posted on our website at http://www.SmokeRanch.com. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of the Product and inform Smoke Ranch Software in writing.
14. CONTACT INFORMATION. If you have any questions about this EULA, or wish to contact Smoke Ranch Software, send email to info@smokeranch.com.
Ad Banner Manager 4.5 - Standard + Source Code
End User License Agreement
For Smoke Ranch Software Ad Banner Manager
Revised May 4, 2007
Copyright © 2006 Smoke Ranch Software. All rights Reserved.
IMPORTANT: READ CAREFULLY: This Smoke Ranch Software End User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single entity) and Smoke
Ranch Software for the Smoke Ranch Software materials accompanying this EULA, which may
include computer software, associated media, printed materials, and “on line” or electronic
documentation (“Software”). BY INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. Smoke Ranch Software or its suppliers own the title,
copyright and other intellectual property rights in the Software (excluding the DotNetNuke Portal
Engine which is an Open-Source project). The Software is licensed, not sold. Specific License
Grant.
1. GRANT OF LICENSE. Smoke Ranch Software grants you the rights described in this EULA
provided that you comply with all the terms and conditions of this EULA:
General License Grant. Smoke Ranch Software grants you a non-exclusive, non-transferable right to use this module on your DotNetNuke(DNN) installation. Each DNN installation requires a single Production License. A DNN installation is defined as a single DNN database which can host multiple child portals. These portals may have their own unique web addresses, but they are managed from a single DNN host. You must purchase one additional Production License for each extra DNN installation. The Enterprise Edition of this product allows you to install and use this product on unlimited DNN installations, but these DNN installations must be owned by the same entity (an individual or organization). The Enterprise Edition license further grants you the right to distribute software within licensees organization and subsidiary companies, but not Franchisee, Parent, or Peer companies without the express written consent of Smoke Ranch Software.
--Source Code. When the source code is provided with the Software Product, Smoke Ranch Software grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
The right to modification of the Software Product does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by Smoke Ranch Software. You may, at your discretion, contact Smoke Ranch Software about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between Smoke Ranch Software and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between Smoke Ranch Software and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between Smoke Ranch Software and the user. Contact Smoke Ranch Software using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from Smoke Ranch Software.
--Documentation. With respect to electronic and other documentation, you may make any number
of copies (either in hard copy or electronic form) provided that such copies shall be used only for
internal purposes and are not republished or distributed beyond your premises.
--Reservation of Rights. Smoke Ranch Software reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
--Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
--Rental. You may not rent, lease, or lend the Software without express written permission
from Smoke Ranch Software.
--Termination. Without prejudice to any other rights, Smoke Ranch Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the Software and all of its component parts.
--Consent to Use of Data. You agree that Smoke Ranch Software and its affiliates may collect and
use technical information gathered as part of the product support services provided to you, if any,
related to the software. Smoke Ranch Software may use this information solely to improve our
products or to provide customized services or technologies to you. Smoke Ranch Software may
disclose this information to others but not in a form that personally identifies you.
3. SOFTWARE MAINTENANCE/UPDATES. Smoke Ranch Software is not obligated to provide
maintenance, technical support or updates to you for the Software. However, Smoke Ranch
Software may, in its sole discretion, provide technical support, updates and/or supplements of the
Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall
also be deemed to be included in the “Software” and therefore governed by this EULA, unless other
terms of use are provided by Smoke Ranch Software with such Updates.
4. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the
Software; including but not limited to any images, photographs, animations, video, audio, music,
text and “applets” incorporated into the Software and any copies of the Software that you are
expressly permitted to make herein, are owned by Smoke Ranch Software or its suppliers. All title
and intellectual property rights in and to the content which may be accessed through use of the
Software are the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Smoke Ranch Software.
6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SMOKE RANCH SOFTWARE AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS
OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE
EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR
ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT
SERVICES, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMOKE
RANCH SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF
CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
SMOKE RANCH SOFTWARE OR ANY SUPPLIER, AND EVEN IF SMOKE RANCH SOFTWARE OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF SMOKE RANCH SOFTWARE AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU
BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed
by the laws of the State of Idaho. If the Software was acquired outside the United States, then
local law may apply.
10. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the rights and restrictions
described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the
Software. The third party sites are not under the control of Smoke Ranch Software, and Smoke
Ranch Software is not responsible for the contents of any third party sites, any links contained in
third party sites, or any changes or updates to third party sites. Smoke Ranch Software is not
responsible for webcasting or any other form of transmission received from any third party sites.
Smoke Ranch Software is providing these links to third party sites to you only as a convenience,
and the inclusion of any link does not imply an endorsement by Smoke Ranch Software of the third
party site.
12. ENTIRE AGREEMENT. This EULA is the entire agreement between you and Smoke Ranch
Software relating to the Software and the support services (if any) and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the terms of any Smoke
Ranch Software policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
13. UPDATES. Smoke Ranch Software may make updates and changes to this license
agreement from time to time. Such changes will be posted on our website at http://www.SmokeRanch.com. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of the Product and inform Smoke Ranch Software in writing.
14. CONTACT INFORMATION. If you have any questions about this EULA, or wish to contact Smoke Ranch Software, send email to info@smokeranch.com.
Ad Banner Manager 4.5 - Enterprise License
End User License Agreement
For Smoke Ranch Software Ad Banner Manager
Revised May 4, 2007
Copyright © 2006 Smoke Ranch Software. All rights Reserved.
IMPORTANT: READ CAREFULLY: This Smoke Ranch Software End User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single entity) and Smoke
Ranch Software for the Smoke Ranch Software materials accompanying this EULA, which may
include computer software, associated media, printed materials, and “on line” or electronic
documentation (“Software”). BY INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. Smoke Ranch Software or its suppliers own the title,
copyright and other intellectual property rights in the Software (excluding the DotNetNuke Portal
Engine which is an Open-Source project). The Software is licensed, not sold. Specific License
Grant.
1. GRANT OF LICENSE. Smoke Ranch Software grants you the rights described in this EULA
provided that you comply with all the terms and conditions of this EULA:
General License Grant. Smoke Ranch Software grants you a non-exclusive, non-transferable right to use this module on your DotNetNuke(DNN) installation. Each DNN installation requires a single Production License. A DNN installation is defined as a single DNN database which can host multiple child portals. These portals may have their own unique web addresses, but they are managed from a single DNN host. You must purchase one additional Production License for each extra DNN installation. The Enterprise Edition of this product allows you to install and use this product on unlimited DNN installations, but these DNN installations must be owned by the same entity (an individual or organization). The Enterprise Edition license further grants you the right to distribute software within licensees organization and subsidiary companies, but not Franchisee, Parent, or Peer companies without the express written consent of Smoke Ranch Software.
--Source Code. When the source code is provided with the Software Product, Smoke Ranch Software grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
The right to modification of the Software Product does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by Smoke Ranch Software. You may, at your discretion, contact Smoke Ranch Software about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between Smoke Ranch Software and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between Smoke Ranch Software and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between Smoke Ranch Software and the user. Contact Smoke Ranch Software using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from Smoke Ranch Software.
--Documentation. With respect to electronic and other documentation, you may make any number
of copies (either in hard copy or electronic form) provided that such copies shall be used only for
internal purposes and are not republished or distributed beyond your premises.
--Reservation of Rights. Smoke Ranch Software reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
--Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
--Rental. You may not rent, lease, or lend the Software without express written permission
from Smoke Ranch Software.
--Termination. Without prejudice to any other rights, Smoke Ranch Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the Software and all of its component parts.
--Consent to Use of Data. You agree that Smoke Ranch Software and its affiliates may collect and
use technical information gathered as part of the product support services provided to you, if any,
related to the software. Smoke Ranch Software may use this information solely to improve our
products or to provide customized services or technologies to you. Smoke Ranch Software may
disclose this information to others but not in a form that personally identifies you.
3. SOFTWARE MAINTENANCE/UPDATES. Smoke Ranch Software is not obligated to provide
maintenance, technical support or updates to you for the Software. However, Smoke Ranch
Software may, in its sole discretion, provide technical support, updates and/or supplements of the
Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall
also be deemed to be included in the “Software” and therefore governed by this EULA, unless other
terms of use are provided by Smoke Ranch Software with such Updates.
4. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the
Software; including but not limited to any images, photographs, animations, video, audio, music,
text and “applets” incorporated into the Software and any copies of the Software that you are
expressly permitted to make herein, are owned by Smoke Ranch Software or its suppliers. All title
and intellectual property rights in and to the content which may be accessed through use of the
Software are the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Smoke Ranch Software.
6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SMOKE RANCH SOFTWARE AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS
OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE
EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR
ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT
SERVICES, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMOKE
RANCH SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF
CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
SMOKE RANCH SOFTWARE OR ANY SUPPLIER, AND EVEN IF SMOKE RANCH SOFTWARE OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF SMOKE RANCH SOFTWARE AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU
BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed
by the laws of the State of Idaho. If the Software was acquired outside the United States, then
local law may apply.
10. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the rights and restrictions
described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the
Software. The third party sites are not under the control of Smoke Ranch Software, and Smoke
Ranch Software is not responsible for the contents of any third party sites, any links contained in
third party sites, or any changes or updates to third party sites. Smoke Ranch Software is not
responsible for webcasting or any other form of transmission received from any third party sites.
Smoke Ranch Software is providing these links to third party sites to you only as a convenience,
and the inclusion of any link does not imply an endorsement by Smoke Ranch Software of the third
party site.
12. ENTIRE AGREEMENT. This EULA is the entire agreement between you and Smoke Ranch
Software relating to the Software and the support services (if any) and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the terms of any Smoke
Ranch Software policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
13. UPDATES. Smoke Ranch Software may make updates and changes to this license
agreement from time to time. Such changes will be posted on our website at http://www.SmokeRanch.com. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of the Product and inform Smoke Ranch Software in writing.
14. CONTACT INFORMATION. If you have any questions about this EULA, or wish to contact Smoke Ranch Software, send email to info@smokeranch.com.
Ad Banner Manager 4.5 - Enterprise License + Source Code
End User License Agreement
For Smoke Ranch Software Ad Banner Manager
Revised May 4, 2007
Copyright © 2006 Smoke Ranch Software. All rights Reserved.
IMPORTANT: READ CAREFULLY: This Smoke Ranch Software End User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single entity) and Smoke
Ranch Software for the Smoke Ranch Software materials accompanying this EULA, which may
include computer software, associated media, printed materials, and “on line” or electronic
documentation (“Software”). BY INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. Smoke Ranch Software or its suppliers own the title,
copyright and other intellectual property rights in the Software (excluding the DotNetNuke Portal
Engine which is an Open-Source project). The Software is licensed, not sold. Specific License
Grant.
1. GRANT OF LICENSE. Smoke Ranch Software grants you the rights described in this EULA
provided that you comply with all the terms and conditions of this EULA:
General License Grant. Smoke Ranch Software grants you a non-exclusive, non-transferable right to use this module on your DotNetNuke(DNN) installation. Each DNN installation requires a single Production License. A DNN installation is defined as a single DNN database which can host multiple child portals. These portals may have their own unique web addresses, but they are managed from a single DNN host. You must purchase one additional Production License for each extra DNN installation. The Enterprise Edition of this product allows you to install and use this product on unlimited DNN installations, but these DNN installations must be owned by the same entity (an individual or organization). The Enterprise Edition license further grants you the right to distribute software within licensees organization and subsidiary companies, but not Franchisee, Parent, or Peer companies without the express written consent of Smoke Ranch Software.
--Source Code. When the source code is provided with the Software Product, Smoke Ranch Software grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
The right to modification of the Software Product does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by Smoke Ranch Software. You may, at your discretion, contact Smoke Ranch Software about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between Smoke Ranch Software and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between Smoke Ranch Software and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between Smoke Ranch Software and the user. Contact Smoke Ranch Software using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from Smoke Ranch Software.
--Documentation. With respect to electronic and other documentation, you may make any number
of copies (either in hard copy or electronic form) provided that such copies shall be used only for
internal purposes and are not republished or distributed beyond your premises.
--Reservation of Rights. Smoke Ranch Software reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
--Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation.
--Rental. You may not rent, lease, or lend the Software without express written permission
from Smoke Ranch Software.
--Termination. Without prejudice to any other rights, Smoke Ranch Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the Software and all of its component parts.
--Consent to Use of Data. You agree that Smoke Ranch Software and its affiliates may collect and
use technical information gathered as part of the product support services provided to you, if any,
related to the software. Smoke Ranch Software may use this information solely to improve our
products or to provide customized services or technologies to you. Smoke Ranch Software may
disclose this information to others but not in a form that personally identifies you.
3. SOFTWARE MAINTENANCE/UPDATES. Smoke Ranch Software is not obligated to provide
maintenance, technical support or updates to you for the Software. However, Smoke Ranch
Software may, in its sole discretion, provide technical support, updates and/or supplements of the
Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall
also be deemed to be included in the “Software” and therefore governed by this EULA, unless other
terms of use are provided by Smoke Ranch Software with such Updates.
4. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the
Software; including but not limited to any images, photographs, animations, video, audio, music,
text and “applets” incorporated into the Software and any copies of the Software that you are
expressly permitted to make herein, are owned by Smoke Ranch Software or its suppliers. All title
and intellectual property rights in and to the content which may be accessed through use of the
Software are the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Smoke Ranch Software.
6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SMOKE RANCH SOFTWARE AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS
OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF
VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE
EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR
ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT
SERVICES, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMOKE
RANCH SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF
CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
SMOKE RANCH SOFTWARE OR ANY SUPPLIER, AND EVEN IF SMOKE RANCH SOFTWARE OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF SMOKE RANCH SOFTWARE AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU
BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed
by the laws of the State of Idaho. If the Software was acquired outside the United States, then
local law may apply.
10. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the rights and restrictions
described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the
Software. The third party sites are not under the control of Smoke Ranch Software, and Smoke
Ranch Software is not responsible for the contents of any third party sites, any links contained in
third party sites, or any changes or updates to third party sites. Smoke Ranch Software is not
responsible for webcasting or any other form of transmission received from any third party sites.
Smoke Ranch Software is providing these links to third party sites to you only as a convenience,
and the inclusion of any link does not imply an endorsement by Smoke Ranch Software of the third
party site.
12. ENTIRE AGREEMENT. This EULA is the entire agreement between you and Smoke Ranch
Software relating to the Software and the support services (if any) and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the terms of any Smoke
Ranch Software policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
13. UPDATES. Smoke Ranch Software may make updates and changes to this license
agreement from time to time. Such changes will be posted on our website at http://www.SmokeRanch.com. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of the Product and inform Smoke Ranch Software in writing.
14. CONTACT INFORMATION. If you have any questions about this EULA, or wish to contact Smoke Ranch Software, send email to info@smokeranch.com.
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