TEVS License Agreement

TEVS ('the Software') is a copyrighted work of authorship and is also protected under applicable database laws. BigDotMedia retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original Software of any copies.

By installing and using TEVS on your server, you agree to the following terms and conditions. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, 'you' includes both the reader and any Corporate Licensee and 'BigDotMedia' means BigDotMeida.com:

TEVS license grants you the right to run one instance (a single installation) of the Software on one web server and one web site for each license purchased. Each license may power one instance of the Software on one domain. For each installed instance of the Software, a separate license is required. Modifications to the Software or database to circumvent the one-license-one-tube rule are prohibited.

Restrictions On Transfer and Use.
The Software may not transfer, in whole or in part, the Software Product to any third party, including a transfer contemporaneously with the sale of the web site, assets or stock of Licensee unless full authorization is given by BigDotMedia Directors. There is a $30 USD fee for transfer the script to a new owner, if authorized.
Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Use of the Software for remote hosting of software for third parties is forbidden and may result in termination of your License Agreement.

If you have a valid Software license, you may set up an additional test site in order to test code and database modifications. To make this clear to us and our license verification procedures, place it in a directory called 'testtube' and be sure to password protect it. It must not be accessible by the general public.

You undertake to;
ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement; and
hold all data (including object and source codes), software listings and all other information relating to the Software confidential and not at any time, during the period of the license, disclose the same whether directly or indirectly to any third party without BigDotMedia's consent.
not to use the Software for any illegal purposes and shall comply with all applicable legislation.
BigDotMedia may, at its discretion, allow you to transfer your Software license to another party, providing the license:
has not already been transferred in the previous 12 months; and
was purchased more than 3 months in the past.

All customers must submit the URL where they are using (or plan to use) each license. The URL can be submitted via the BigDotMedia members area.

To maintaine support after 12 months of purchase, there is a $30 (USD) yearly fee (per account) to continue access to updates and downloads.

The Software source code may be altered (at your risk)
The Software admin controls may not be altered (ZEND encoded).

The software link (Powered by TEVS) within design must remain linked and unchanged (visible) unless a unbranded version is purchased.

The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.

If any of the terms of this Agreement are violated, BigDotMedia reserves the right to revoke the Software license at any time.
Refunds will be given at the discretion of BigDotMedia.

BigDotMedia does not monitor the tubes powered by the Software. BigDotMedia is not liable for the content of any video/information posted on a tube powered by the Software.

BigDotMedia cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.

You must assume the entire risk of using the Software. ANY LIABILITY OF BigDotMedia WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

Except in respect of personal injury or death caused directly by the negligence of BigDotMedia, in no event will BigDotMedia be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if BigDotMedia has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.

Terms in this Agreement excluding or limiting liability in relation to breach of the terms implied by the "Supply of Goods (Implied Terms) Act 1966 or the Sale of Goods Act 1923 do not apply when this Agreement is made with a consumer.

This license gives you specific legal rights and you may have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void of unenforceable, such part shall be deemed to be deleted from this agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.

General
From time to time, BigDotMedia may inspect your registration integrity. This will be done without collecting any information whatsoever about your server or your users. The only information verified will be your license number and the domain on which the software is run. Should BigDotMedia discover discrepancies in the software usage, be aware that you may lose your license and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties.

BigDotMedia may contact you to clarify your license legality, and will only use an email address @bigdotmedia.com

This Agreement constitutes the complete statement of the agreement between you and BigDotMedia, and supersedes all representations, understandings or prior agreements between you and BigDotMedia.

BigDotMedia reserves the right to modify these terms at any time.

This Agreement is governed by the laws of New South Wales.