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TOS Agreement for NOAH'S CLassifieds 4.1.1

(New and/or Upgrading and updates)

Nashville Web Development: PHP Applications

noah's

EULA stands for End User Licensing Agreement. This is the agreement through which the software is licensed to the software user.

Noah's Classifieds EULA Updated September 1, 2009 All Versions. This Agreement must be agreed to before any Installation, support, update or upgrade of the Noah's Classifieds Software, Free, Lite and Commercial V8 RSS and E-Commerce Versions and is an amended agreement to any prior agreement of the Noah's Classifieds Software Product(s).

END-USER LICENSE AGREEMENT FOR NOAH'S CLASSIFIEDS IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: NOAH'S CLASSIFIEDS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NOAH'S CLASSIFIEDS . for the NOAH'S CLASSIFIEDS software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and NOAH'S CLASSIFIEDS , (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT.

The NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The *NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is licensed, not sold. (*Perpetual License).

1. GRANT OF LICENSE. The NOAH'S CLASSIFIEDS SOFTWARE PRODUCTS is/are licensed as follows:

(a) Installation and Use. NOAH'S CLASSIFIEDS grants you the right to install and use licensed copiesb(per URL ONLY) of the NOAH'S CLASSIFIEDS SOFTWARE on your computer and or Hosting Service (PER URL) running a validly licensed copy of the operating system for which the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT was designed. (MULTI-URL AND WHITE LABLE LICENSES ARE AVAILIBLE).

(b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes only.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices in the source code on any and all copies of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT. (You may remove the Header and Footer in the Noah's Commercially Licensed Products Only. The Free and Lite Version allows only for the Noah Logo at the top left to be changed AND NOT the Footer Copyrights. (b) Distribution. You may not distribute registered or unregistered copies of the SOFTWARE PRODUCT to third parties. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease,sublet or lend or borrow the Noah's Classifieds SOFTWARE PRODUCTs. (e) Support Services. NOAH'S CLASSIFIEDS may provide you with support services related to the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT.

3. TERMINATION Without prejudice to any other rights, NOAH'S CLASSIFIEDS 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 NOAH'S CLASSIFIEDS SOFTWARE PRODUCT in your possession.

4. COPYRIGHT All title, including but not limited to copyrights, in and to the NOAH'S CLASSIFIEDS SOFTWARE PRODUCTS and any copies thereof are owned by NOAH'S CLASSIFIEDS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is 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 NOAH'S CLASSIFIEDS.

5. NO WARRANTIES NOAH'S CLASSIFIEDS expressly disclaims any warranty for the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT. The NOAH'S CLASSIFIEDS SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. NOAH'S CLASSIFIEDS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT. NOAH'S CLASSIFIEDS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. NOAH'S CLASSIFIEDS further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY In no event shall NOAH'S CLASSIFIEDS be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT, even if NOAH'S CLASSIFIEDS SOFTWARE PRODUCT has been advised of the possibility of such damages. In no event will NOAH'S CLASSIFIEDS be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. { NOAH'S CLASSIFIEDS SOFTWARE PRODUCT shall have no liability with respect to the content of the NOAH'S CLASSIFIEDS SOFTWARE PRODUCT SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. LICNENSE TRANSFERS by sale, lease, rent, loaned to any third party are not permitted or supported in any way.

By purchasing, installing or using Noah's Classifieds, you (the user) are agreeing to the following terms. DO NOT purchase, install or use the script, i f any of these terms are not acceptable for you. If you have any questions, you may contact us at support@noahsclassifieds.org.

1. USAGE: A single license allows you to install Noah's Classifieds on only one domain name. If you want to setup more than one websites using the script, you should obtain additional licenses from Noahsclassifieds.org. Additional licenses are available at discount prices. Please visit our website or email us for more information. You may find the contact information in the Support Information section of this document. You should NOT remove, alter or obfuscate any instances of the Noah's Classifieds script's name or copyright notices found in the administration area and PHP source files. Anyway, you are allowed to remove the Header but not the Footer unless you have purchased Noah's Classifieds V8 RSs PRO Commercial Version from the end user side of the Noah's Classifieds Software.

2. CHANGE OF DOMAIN NAME: A script license is granted for a particular domain name. If you move the script to a new domain, then you should inform Noahsclassifieds.org about the transfer for approval. Any such transfers without the approval of Noahsclassifieds.org will void your script license.

3. TRANSFER OF LICENSE: If a website running Noah's Classifieds is to be transferred to another party, along with the script, then you should report the transfer to Noahsclassifieds.org prior to the transfer.

4. Noahsclassifieds.org will have the right to prevent you from transferring the script license and thus the script files to the new party, if the transfer is found to be unacceptable. If approved by Noahsclassifieds.org, the transfer of the website will also involve the transfer of your script license and will no longer be eligible to use the license further. Additionally, any such transfers should retain the script's name and all the original copyright notices including those in the administration area as well as the source files and also contain an unaltered copy of this file. REFUNDS: Payments made to Noahsclassifieds.org are final and shall NOT be refunded under any circumstance.

5. COPYRIGHTS: Noah's Classifieds is copyright protected software. All rights on the script are reserved by Live Transactions.Com, Inc. and Noahsclassifieds.org. You may not resell or redistribute our script, or any part of it, with or without modifications without express written permission from Live Transactions.Com, Inc. and/or Noahsclassifieds.org.

6. DISCLAIMER: THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. Live Transactions.Com, Inc / NOAHSCLASSIFIEDS.ORG DISCLAIMS ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER NOAHSCLASSIFIEDS.ORG NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TOUSE THE SOFTWARE, EVEN IF NOAHSCLASSIFIEDS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

Noah's Classifieds, Inc. Phoenix, Arizona.