Definition of Software: The ThinkDing LLC software herein is defined to include all of the PhotoPlog Pro files and
supporting documentation. ThinkDing LLC software is not free software and is not open source software. This license
is not a sale of the software. ThinkDing LLC retains ownership of the software. All rights to the use of ThinkDing LLC
software not expressly granted under this license are reserved to ThinkDing LLC.
Copies of Software: The ThinkDing LLC software is only licensed to you, the licensee. Licensee is not allowed to
assign, lease, sell, sublicense, or otherwise transfer the software in any form without prior written permission from
ThinkDing LLC. Only one copy of a licensed version of ThinkDing LLC software may used on one website for each license
purchased. Multiple licenses must be purchased to use the software, whether in whole or in part, at multiple locations.
Access to Software: A subscription grants the licensee access to the members area where newer versions of the software
may be downloaded for one year from the date of purchase. After a subscription expires, licensee may continue to use,
according to the terms of this license, the last version of the software that licensee downloaded prior to subscription
expiration, or make another purchase to gain access to the latest version.
Distribution of Software: Distributing the ThinkDing LLC software, commercial or otherwise, without prior written
permission from ThinkDing LLC, is strictly forbidden, regardless of whether the licensee modifies the software.
Modification of Software: Licensee may modify the ThinkDing LLC software at his or her own risk. Official support
is not offered for modifications. Licensee may post code modification instructions on forums, with slight reference
to ThinkDing LLC software, so long as no full or substantial copy of any ThinkDing LLC software file is posted.
ThinkDing LLC reserves the right to remedy, modify, or remove posted modifications at its sole discretion.
Copyright of Software: All copyright notices, including links, contained in the ThinkDing LLC software must remain
unchanged and visible at all times, unless a branding free option is purchased.
Branding Free Option: A branding free option allows the licensee to remove the copyright notices, including links, that
are present when viewing a webpage. Copyright notices in the source code itself must not be removed. Each branding free
purchase applies to only one copy of a licensed version of ThinkDing LLC software.
URL to Website: All licensees must submit the URL where the software will be used, and must keep this URL up-to-date.
The URL can be submitted via the members area and may be used to inspect the validity of the license.
License Transfers or Refunds: Sale prices or price reductions are not applied retroactively. Fees are non-refundable,
and the license is non-transferable, regardless of whether the licensee installs the ThinkDing LLC software, without
prior written permission from ThinkDing LLC.
Intellectual Property Rights: Licensee agrees that the ThinkDing LLC software will not be used for any purpose that
may constitute an intellectual property violation, including, but not limited to, copyright or trademark violations.
Revocation of License: If any of the terms of this license are violated, ThinkDing LLC reserves the right to revoke
the license at any time.
Changes to License: Any or all terms of this license may be modified at any time without prior notice.
|Disclaimer of Warranty
Disclaimer of Warranty: THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES
AS TO PERFORMANCE, MERCHANTABILITY, FITNESS OR OTHER PURPOSES, WHETHER EXPRESSED OR IMPLIED. ALL EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. THE LICENSEE MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. IN NO CASE SHALL THINKDING LLC
OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES
OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH
DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY
OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THINKDING LLC OR ITS CONTRIBUTORS ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CASE WILL THE LIABILITY OF THINKDING LLC OR ITS CONTRIBUTORS EXCEED THE AMOUNT OF THE LICENSE FEE PAID
BY LICENSEE TO THINKDING LLC. ANY LIABILITY OF THINKDING LLC OR ITS CONTRIBUTORS IS LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR REFUND OF THE PURCHASE PRICE. THINKDING LLC OR ITS CONTRIBUTORS ARE NOT LIABLE FOR ANY CONTENT DISPLAYED
ON A WEBSITE POWERED BY THINKDING LLC SOFTWARE. ANY UNSETTLED LICENSEE DISPUTE SHALL BE SUBMITTED TO ARBITRATION IN
MESA, ARIZONA. IF ANY PROVISION OF THIS AGREEMENT IS NOT ENFORCEABLE, ALL OTHER PROVISIONS SHALL REMAIN IN
FORCE. THIS LICENSE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA.