Miva Engine Version Mismatch
Miva Order requires the Miva Engine, version 3.2 or higher.
You are running version
Please contact Miva Corporation for upgrade information.
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| Miva Order v1.x
| (c) 1997, 1998, 1999, 2000 Miva Corporation
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| 2629 Ariane Drive
| San Diego, CA 92117
| 619-490-2570
| sales@miva.com
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| $Source: /home/cvs/order/Order/version.mv-standard,v $
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| Miva Order Version Information
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Miva Order Domain License
BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE:
Last updated: Tue Aug 17 13:47:17 PDT 1999
Definitions:
(i) "YOU" and "LICENSEE" refers to the person, entity or organization which is using the software and source code known as "Miva ORDER", and any successor or assignee of same.
(ii) "Miva Script" refers to a proprietary server side scripting language software developed and distributed by Miva Corporation, a California, USA Corporation.
(iii) "Miva Order" (hereinafter "ORDER") is the application and source code which accompanies this License, and which allows for the creation, use, maintenance and modification of order forms 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 Internic service managed by Network Solutions.
1. This license is for the downloading and use of ORDER and any permitted modifications of ORDER source code. By downloading, acquiring and using ORDER, 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 ORDER in conjunction with one Internet Domain. License to use ORDER 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 ORDER is using a licensed version of Miva Script.
5. ORDER contains valuable proprietary rights of Miva Corporation. There is no transfer to LICENSEE of any title to or ownership of ORDER or any copyright, trade name, trade secret, source code, or other proprietary rights relating to ORDER, regardless of the form that ORDER 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 ORDER without prior notice.
6. LICENSEE is granted a license to modify and customize the ORDER source codes to implement custom features, fix bugs, and otherwise make ORDER useful for any particular application for Licensee's requirements, EXCEPT THAT, Licensee may not convert ORDER to a different computer language, either manually, or using an automated conversion tool, such that ORDER or any modification thereof will run under any language, software, or program other than or independent of, Miva Script.
7. Any license, right, or permission to use ORDER 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 ORDER to Miva Corporation, will cease any further use of ORDER, will remove the original and any modified or altered ORDER source code from his/her/its computers and drives, will cease his/her/its use of ORDER, 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.
8. MIVA CORPORATION WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ORDER; (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, DEVELOPERS GOODWILL, OR USE. IN NO CASE SHALL MIVA CORPORATION'S LIABILITY EXCEED THE PRICE THAT DEVELOPER PAID FOR ORDER.
9. This License is granted, ORDER was developed, technical support is being provided in, and LICENSEE is downloading this copy of ORDER via miscellaneous resellers, distributors, gateways and servers, and is paying for the use of ORDER, 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.
10. 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.
11. LICENSEE acknowledges that ORDER 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 ORDER.
12. This License Agreement constitutes the entire and sole agreement between developer and Miva Corporation, and is agreed to and entered into on the date YOU download or implement ORDER, whichever date is earlier.
