FirstProductions Dining Guide Documentation

FirstProductions Dining Guide 2.0 Documentation
Overview · License and Copyright · Installation and Requirements · Template Customization · Troubleshooting · Release Changes and History · Future Plans

FirstProductions Dining Guide License Agreement

All installations of the FirstProductions Dining Guide software are provided under the terms of this license agreement. FirstProductions Dining Guide can be used for free for personal or non-profit use as long as all output includes the "Powered by FirstProductions Dining Guide" message and associated HTML link to FirstProductions as stated in this license agreement. This required message and associated link must be added to all custom templates developed for use with FirstProductions Dining Guide.

To use the FirstProductions Dining Guide software for commercial use or to remove the required "Powered by FirstProductions Dining Guide" message and associated link, you must register the FirstProductions Dining Guide software. The fee is $25 USD per license, volume discounts may be obtained by contacting First Productions, Inc. at dining@firstproductions.com. For each domain that uses the FirstProductions Dining Guide software and/or installation of the FirstProductions Dining Guide software that you want to remove the required message and link or use on a commercial web site, you must purchase a license.

If you have multiple installations of FirstProductions Dining Guide on a server that you want to remove the required phrase and associated link from the output or use on a commercial web site then you must purchase a license for each. If you have one installation of FirstProductions Dining Guide on a server that will be used by multiple domains, then a license must be purchased for each domain using FirstProductions Dining Guide that does not include the required phrase and associated link or is a commercial web site.

1. Definitions

The "SOFTWARE PRODUCT" is the collection of files included with the FirstProductions Dining Guide distribution archive. The provisions of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT." The actual dining guide data used and outputed by FirstProductions Dining Guide is open-content and cannot be copyrighted.

The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT unless the individual designates another to be the "LICENSEE" prior to initiating installing the SOFTWARE PRODUCT.

"First Productions, Inc." is First Productions, Inc., the sole owner of the copyright and all other rights in and to the SOFTWARE PRODUCT.

"LICENSE FEES" are monies paid from the LICENSEE to First Productions, Inc. for the right to invoke this License Agreement for a specific implementation of the SOFTWARE PRODUCT.

2. Application of License

The LICENSEE agrees to be bound by the terms of this License Agreement by downloading or receiving the SOFTWARE PRODUCT, by installing the SOFTWARE PRODUCT on to any machine, or by using the SOFTWARE PRODUCT or any portion thereof in any way.

It is the LICENSEE's responsibility to ensure that the terms of the License Agreement are upheld and any violations of the License Agreement is the LICENSEE's responsibility, regardless if the LICENSEE authorized the infringements of the License Agreement.

3. Chef Moz License

FirstProductions Dining Guide uses information obtained from the Chef Moz Dining Guide. By using content obtained from Chef Moz, you must agree to the Chef Moz License, which can be viewed at http://www.chefmoz.org/license.html. As required by the Chef Moz License, you must keep the attribution statement to Chef Moz on all output pages of this software.

4. Permitted Uses

Provided that any required LICENSE FEES have been paid, this License Agreement permitts the LICENSEE to download the SOFTWARE PRODUCT for the purpose of installing the SOFTWARE PRODUCT on the LICENSEE's site or to examine the source code of the SOFTWARE PRODUCT to evaluate its future use on the LICENSEE's site. The LICENSEE is permitted to install the SOFTWARE PRODUCT one time onto a single web server. The LICENSEE may also make one copy of the SOFTWARE PRODUCT soley for backup or archival purposes provided that this backup or archive is not redistributed in any way.

5. Prohibited Uses

The LICENSEE agrees not to make the SOFTWARE PRODUCT available for download or otherwise copy or redistribute the SOFTWARE PRODUCT; sell, rent, or lease the SOFTWARE PRODUCT to any individual or organization; include the SOFTWARE PRODUCT on any distribution medium, including, but not limited to, a CD-ROM or bundled within a software package; install the SOFTWARE PRODUCT on more than one web server or implement the SOFTWARE PRODUCT more than one time on a single web server without enough Licenses to do so; or use any portion of the SOFTWARE PRODUCT in any other application or redistribute the SOFTWARE PRODUCT under the same or a different name. If the LICENSEE does any of these prohibited uses, unless previously authorized in writing by First Productions, Inc., it would violate this License Agreement and be grounds for the termination of this License Agreement and possible legal action.

Regardless of whether the LICENSEE has paid any LICENSE FEES for the implementation of the SOFTWARE PRODUCT, copyright notices and program credits included within the source files of the SOFTWARE PRODUCT may never be modified, appended, or removed without the prior expressed written consent of First Productions, Inc. Once such copyright notice or program credit is the "Powered by FirstProductions Dining Guide" message and associated HTML link to FirstProductions in all output from the SOFTWARE PRODUCT, and it may only be removed or modified if required LICENSE FEES have been paid.

6. Modifications or Additions

The use or creation of any modifications or additions to the SOFTWARE PRODUCT are strongly discouraged. First Productions, Inc. is under no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the LICENSEE or anyone else how to modify the SOFTWARE PRODUCT. First Productions, Inc. encourages that any modifications or additions made that enhance the SOFTWARE PRODUCT be submitted to First Productions, Inc. for possible inclusion in a future version of the SOFTWARE PRODUCT.

The LICENSEE is permitted to modify the SOFTWARE PRODUCT in any way desired for the LICENSEE's own use, however copyright headers and program credits cannot be removed except as otherwise provided in this License Agreement. Modifying the software to allow multiple themes or multiple templates for a single page are expressly prohibited. Any modifications containing portions of the SOFTWARE PRODUCT or causing any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise used in any way, are considered derivative works of the SOFTWARE PRODUCT. Hence, these modifications are subject to all terms of this License Agreement, and consequently cannot be redistributed or sold. Thus, no person, organization, or entity shall distribute any modification or addition to the SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.

7. Multiple Installations or Multiple Domains using One (1) Installtion.

For each separate installation of the SOFTWARE PRODUCT and/or separate domains that use a single SOFTWARE PRODUCT installation, the LICENSEE must be issued a separate license by First Productions, Inc. Even if no LICENSE FEES are ordinarily required for the first installation, First Productions, Inc. retains the right to require the payment of additional LICENSE FEES for additional licenses.

8. Limitations of Liability

In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.

9. No Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

10. Site Content

The LICENSEE bears the sole responsibility for the content of any internet site using the SOFTWARE PRODUCT as part of that internet site. In no way shall First Productions, Inc. be liable or responsible for the content of any LICENSEE's site.

11. Copyright

The SOFTWARE PRODUCT is licensed, not sold, and the SOFTWARE PRODUCT remains the property of First Productions, Inc. If the LICENSEE pays LICENSE FEES, then the LICENSEE is granted the right to use the SOFTWARE PRODUCT as described in this License Agreement, however the LICENSEE does not assume any rights of ownership or other rights in and to the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is copyright © 2001 by First Productions, Inc., all rights reserved. The LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted software but does not gain ownership of the copyright or of the SOFTWARE PRODUCT.

12. Violations of this License Agreement

If the LICENSEE uses unlicensed copies of the SOFTWARE PRODUCT without the expressed written consent of First Productions, Inc., then the LICENSEE is in violation of this License Agreement. If the LICENSEE was using any portions of the SOFTWARE PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE agrees to pay to First Productions, Inc. the LICENSE FEES necessary to license the unlicensed implementation according to the schedule of LICENSE FEES available at the time from the FirstProductions Dining Guide web site. Additionally, First Productions, Inc. may require that the LICENSEE immediately and entirely remove any implementation of the SOFTWARE PRODUCT that is in breach of this License Agreement. In addition, the LICENSEE shall be liable for the payment to First Productions, Inc. of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.

If the LICENSEE sells, distributes, or otherwise makes available any portion of the SOFTWARE PRODUCT or any modification which is determined to be the SOFTWARE PRODUCT according to this License Agreement, then the LICENSEE shall be liable for the payment to First Productions, Inc. of the equivalent cost of LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the LICENSEE in violation of this License Agreement, whichever is more. In addition, the LICENSEE shall be liable for the payment to First Productions, Inc. of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.

13. Termination

First Productions, Inc. may, at any time, terminate the License Agreement if First Productions, Inc. determines that the License Agreement has been breached. If the termination of License Agreement occurs as a result of a violation by the LICENSEE or another person, the LICENSEE must immediately remove all files from his or her implementation of the SOFTWARE PRODUCT and all links to the same.

In no case shall First Productions, Inc. be responsible for paying to the LICENSEE or anyone else any amount of money, even if the termination of the license diminishes or eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no case shall First Productions, Inc. be responsible for refunding any LICENSE FEES, regardless of the reason for termination of this License Agreement.

14. Transfer of License

The LICENSEE is not permitted to transfer this License to any other individual or institution without the expressed written consent of First Productions, Inc.

Without prior written consent of First Productions, Inc., the LICENSEE may not act as a reseller who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under this License, First Productions, Inc. reserves the right to develop a separate agreement applying to such reselling activities, and such an agreement, if entered into by First Productions, Inc. and the LICENSEE, would supercede this License Agreement as defined in the separate agreement.

15. Jurisdiction

This Agreement is governed by the laws of the State of Florida and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

Navigation:
Overview · License and Copyright · Installation and Requirements · Template Customization · Troubleshooting · Release Changes and History · Future Plans
FirstProductions Dining Guide Web Site