PHPIZABI END USER LICENSE AGREEMENT (EULA)

Revision: November 06, 2006

Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing and using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and PHPizabi and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly uninstall the Software. The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and/or upgrades to the Software that you may receive from time to time by the creators of PHPizabi.

1. License Grant.
This License permits you, as recipient of the Software, to use the Software solely to create your own website Powered by Phpizabi. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent, sell, or share your rights under this License except with prior written consent from the creators of PHPizabi.

You shall not operate a site running with or using PHPizabi to promote or endorse child pornography, warez or racisim. You shall not promote and/or endorse any activity which is unsafe and/or illegal for your members or the public. You, the site owner, shall take all actions to ensure your site is a safe environment for your users.

2. Copyright Information
You shall not change, alter, and/or manipulate the PHPizabi Copyright information within the code, unless otherwise specified in this License Agreement.

3. Powered by PHPizabi Branding
The "Powered by PHPizabi" and the " [PERIOD] - Real!ty Medias, All rights reserved" branding from the site interface / home.tpl / frame.tpl files shall not be changed, altered, and/or be manipulated in any manner, form or fashion. This includes, but not limited to commenting out the output source code generation mechanism.

4. Powered by PHPizabi Branding - Output Source Comment
The "Powered by PHPizabi" output source comment shall not be changed, altered, and/or be manipulated in any manner, form or fashion. This includes, but not limited to commenting out the output source code generation mechanism. This is the visible "Powered by PHPizabi" branding that is seen when viewing the output source code.

5. Real!ty Medias, PHPizabi Rights.
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Real!ty Medias under international copyright law and disclosed to you through PHPizabi in confidence.

You shall take all reasonable steps to safeguard the Licensed Products and ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement. Real!ty Medias owns and retains all copyright, trademark(s), trade secret(s) and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License or at any time deemed appropriate by the creators of PHPizabi.

6. Selling or Transferring Ownership Rights of a Website Powered by PHPizabi.
You are not authorized with the objective of making money and/or capital gain, to sell and /or transfer websites powered by PHPizabi with less than 500 legitimate registered users. Fake and/or fraudulent registrations added to meet the 500 minimum legitimate registered users quantitiy voids this license agreement.

7. License Violation Penalty
All money and/or capital gain(s) obtained through violation of this license shall be promptly paid and/or transferred on demand in full (100%) including but not limited to all costs and expenses, including reasonable attorneys' fees, incurred by PHPizabi and/or Real!ty Medias to PHPizabi.

8. No Warranty
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, AND/OR CORRECTION.

9. Limitations of Liability.
Under no condition(s) shall Real!ty Medias, PHPizabi or its creators be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits, business, and/or other special, incidental, exemplary, and/or consequential damages, even if Real!ty Medias, PHPizabi has been advised of the possibility of such loss or damages. Real!ty Medias, PHPizabi cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation.

Real!ty Medias and PHPizabi Administration cannot be held liable for any civil or criminal action resulting from the use and operation of a site running on PHPizabi. Any and/or all travel, loss of work, food and beverage, lodging expenses, incurred by Real!ty Medias and/or PHPizabi Administration, resulting from criminal or civil litigation, shall be paid by the Owner of the website(s) that run on PHPizabi whereas not covered under law.

This section shall survive termination of this License.

10. Termination.
This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and Documentation by erasing any and all copies on storage media both on the system(s) storing your website, local to your personal computer, and/or on removable media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the Software and Documentation; Real!ty Medias, PHPizabi will be entitled to all remedies in accordance with applicable law.

11. General.
This agreement shall be governed by the International law and the laws of the Province of Quebec, Canada. Real!ty Medias reserves the right to modify the License Agreement without notice. Real!ty Medias / PHPizabi reserves the right to refuse service to anyone for any reason.