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| | Miva Merchant v4.x | | This file and the source codes contained herein are the property | of Miva Corporation. Use of this file is restricted to the specific | terms and conditions in the License Agreement associated with this | file. Distribution of this file or portions of this file for uses | not covered by the License Agreement is not allowed without a written | agreement signed by an officer of Miva Corporation. | | Copyright 1998-2001 Miva Corporation. All rights reserved. | http://www.miva.com/ | | Miva Merchant Version Information | $Source: /home/cvs/merchant/Merchant/version.mv-standard,v $ | $Id: version.mv-standard,v 1.72 2001/09/29 00:02:47 jeff Exp $ | | Prefix : MER-VRS- | Next Error Code: 1 | Next Text ID : 4 | Miva Merchant v4.x Domain License (Retail Version) Last updated: Fri 28 Sep 14:20 PDT 2001 BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE: Definitions: (i) "You" and "LICENSEE" refers to the person, entity or organization which is using the software known as "Miva Merchant", and any successor or assignee of same. (ii) "Miva Script" refers to a proprietary server side scripting language software implemented in a variety of Miva Corporation products and developed and distributed by Miva Corporation, a California, USA Corporation. (iii) "Miva Merchant" (hereinafter "MERCHANT") is the application which accompanies this License, and which allows for the creation, use, maintenance and modification of electronic catalogs written for commercial and non-commercial internet use, which requires the use of Miva Script. (iv) "Internet Domain" is a symbolic name assigned by a valid Internet Naming Authority such as the service managed by Network Solutions. (v) "Storefront" is a collection of products, also referred to as a "Store" and a "Catalog" in the MERCHANT software. (vi) "Original Source Code Works" is a collection of source codes developed by LICENSEE without using any source codes provided with MERCHANT. (vii) "API" is a collection of functions written in Miva Script that interface with the MERCHANT system. 1. This license is for the downloading, acquisition and use of MERCHANT. By downloading, acquiring and using MERCHANT, YOU expressly agree to abide by this License. 2. This license is between LICENSEE and Miva Corporation. LICENSEE acknowledges that Miva Corporation is and has granted this license in reliance upon representations made by LICENSEE and LICENSEE warranties the truthfulness and accuracy of such representations. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. Miva Corporation has the sole and unqualified right to refuse to license any person or entity for any reason, except for reasons which are specifically prohibited by state and national laws and statutes. 3. LICENSEE is granted a non-exclusive license to use MERCHANT in conjunction with one Internet Domain and one Storefront. License to use MERCHANT with more than one Storefront or with more than one domain must be separately purchased from Miva Corporation and is specifically not granted in this License. 4. LICENSEE agrees to validate that the computer system running MERCHANT is using a licensed version of Miva Script. 5. MERCHANT contains valuable proprietary rights of Miva Corporation. There is no transfer to LICENSEE of any title to or ownership of MERCHANT or any copyright, trade name, trade secret, source code, or other proprietary rights relating to MERCHANT, regardless of the form that MERCHANT exists in. LICENSEE may not violate these rights, and LICENSEE must take all appropriate steps to protect Miva Corporation's rights. Miva Corporation may at any time replace, modify, alter, improve, enhance, or change MERCHANT without prior notice. 6. LICENSEE may not modify any MERCHANT source codes. 7. LICENSEE may create and license to other entities Original Source Code Works that interface with MERCHANT using the MERCHANT API as that API is defined by Miva Corporation in the documentation available from Miva Corporation's website. 8. Any license, right, or permission to use MERCHANT is automatically revoked if LICENSEE breaches any term or condition of this License. LICENSEE agrees that in the event of a breach of this License, and upon the demand thereof by Miva Corporation, LICENSEE will immediately return any physical copies of MERCHANT to Miva Corporation, will cease any further use of MERCHANT, will remove the original and any copies of MERCHANT from his/her/its computers and drives, will cease his/her/its use of MERCHANT, and will cease any claimed breach of this License. LICENSEE agrees that monetary damages alone is not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that LICENSEE will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Miva Corporation in the event of a breach of this License. Miva Corporation shall not be required to notify LICENSEE of any breach, nor make any demand or claim against LICENSEE resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and LICENSEE agrees that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Miva Corporation to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice Miva Corporation in any later enforcement of its rights or rights to seek damages therefrom. 9. MIVA CORPORATION WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN MERCHANT; (B) IMPLIED MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY RELATING TO COURSE OF DEALING, OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WHATSOEVER; (D) CLAIM OF INFRINGEMENT; (E) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR PART FROM MIVA CORPORATION'S FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY, OR (F) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA, REVENUE, LICENSEES GOODWILL, OR USE. IN NO CASE SHALL MIVA CORPORATION'S LIABILITY EXCEED THE PRICE THAT LICENSEE PAID FOR MERCHANT. 10. This License is granted, MERCHANT was developed, technical support is being provided in, and LICENSEE is downloading this copy of MERCHANT via miscellaneous resellers, distributors, gateways and servers, and is paying for the use of MERCHANT, in and from the County of San Diego, State of California, and the parties agree that this License is to be performed in the County of San Diego, California. 11. This License Agreement shall be governed by the laws of the State of California, USA. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms. In the event any party is required to seek judicial enforcement regarding any terms of this License, or to seek a judicial interpretation regarding any terms of this License, the party deemed by the court to be the prevailing party shall be entitled to, in addition to its costs and damages, reasonable attorney's fees and costs as determined by the court. 12. LICENSEE acknowledges that MERCHANT may be subject to United States export controls, pursuant to the Export Administrations Regulations, 15 C.F.R. Parts 768-799. LICENSEE shall comply strictly with all requirements of the Export Administration Regulations regarding use of MERCHANT. 13. This License Agreement constitutes the entire and sole agreement between LICENSEE and Miva Corporation, and is agreed to and entered into on the date You download or implement MERCHANT, whichever date is earlier.
Miva Merchant v%version%
Miva Engine v%version%

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© Copyright 1998-2001 Miva Corporation Credits
<MvLOCALIZED> <MvLOCALIZED-TEXT LANGUAGE = "en-US">Miva Merchant Credits</MvLOCALIZED-TEXT> </MvLOCALIZED>
Miva Merchant Development Team:
 
Jon Burchmore
Gianfranco Candela
Elise Comley
Liliana Estan
Peter Fellwock
Pedro Gomes da Costa
Jeff Huber
James Huber
Alex Kruglyak
Scott McCollough
John Negretti
Richard Occhionero
Vorachart 'Bon' Pattrakulchai
Brandon Salomon