Welcome Welcome to Lightbox Photo Gallery installation setup process. The Lightbox Photo Gallery setup will guide you through the rest of the setup process.   Please read the End User Licence Agreement (EULA) before you continue.   END USER LICENCE AGREEMENT (EULA) - (January 4th, 2007) Lightbox Photo (TM) and www.lightboxphoto.com are owned and operated as a division of Gecko Collections Ltd, Brighton, Ontario, Canada. The following are the terms and conditions upon which Lightbox Photo (TM) will license you (in this document, you will be referred to as "you" or the "Client") to use certain software created by and belonging to Lightbox Photo (TM), pursuant to the terms and conditions of this End User License Agreement (EULA or License). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. UPON ACCEPTANCE OF YOUR ORDER BY Lightbox Photo (TM), YOU BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. 1. Lightbox Photo (TM) grants to the Client a limited non-exclusive License to install the Licensed Software on a single server, in one directory only (single installation/single domain), and to to use the Licensed Software with respect to one set of data only. The data generated by the Licensed Software may be stored or made available on more than one computer or over a network, but this License does not allow the Licensed Software to be run on or be executed by more than one server on a network. To allow the Licensed Software to be run on or be executed by more than one server on a network, the Client must acquire and dedicate a License for each separate computer or directory which runs or executes the Licensed Software. Lightbox Photo (TM) also grants to the Client the right to reproduce the manuals and other documents relating to the installation and use of the Licensed Software (the "Documentation") only as required for the Client's authorized use of the Licensed Software. This License is conditional upon the Client paying all applicable license fees and respecting the terms hereof. 2. OWNERSHIP AND LIMITS TO USE The Licensed Software and the Documentation remain at all times the sole and exclusive property of Lightbox Photo (TM). In order to protect the rights of Lightbox Photo (TM), the Client undertakes to comply with the following: (a) The Client shall not reproduce the Licensed Software beyond the number of permitted copies, nor shall the Client reproduce, distribute, transmit or provide access to the Licensed Software to or for the benefit of a third party; (b) The Client shall not sublicense, loan, sell, or otherwise transfer all or part of the Licensed Software or Documentation or any interest therein to or for the benefit of a third party; (c) The Client shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code; including but not limited to "Powered by Lightbox Photo (TM) Gallery Software". The only exception being when an “unbranded" licence has been purchased. The unbranded licence grants permission to the client to remove any visual reference to Lightbox Photo (TM) but it must leave any metadata information or copyright notices in the source code intact; and (d) The client shall not use the licensed software for any illegal purposes or as part of any illegal activity. Any illegal use of the licensed software is strictly forbidden and will void any rights granted under this license. In addition the client assumes full responsibility for their actions in this regard and Lightbox will remain harmless in the case of actions brought on by law enforcement agencies. (e) The Client shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof. 3. MINIMUM CONFIGURATION The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the minimal requirements prescribed from time to time by Lightbox Photo (TM). 4. TECHNICAL SUPPORT, UPDATES AND UPGRADES For a period of one year from the date of the order for the Licensed Software, Lightbox Photo (TM) will make available to the Client, free of charge, updates of the Licensed Software and support via email and/or support forums provided by Lightbox Photo (TM). After one year, continuation of both support and updates will be contingent upon yearly payment of a flat yearly fee of $120 (the "Update and Support Fee"). The Update and Support Fee is payable in full prior to the expiration of the then current support period. If you fail to pay the Update and Support Fee, you may still use the Licensed Software as stipulated in this License, but support will be billed at Lightbox Photo (TM)'s hourly rate then in effect for consulting services and updates will be subject to a new license at the then prevailing price. Lightbox Photo (TM) reserves the right to charge an "upgrade licence" fee for new versions of the software that include new or improved functionality. Should support be required as a result of the Licensed Software ceasing to function as a result of a modification, adaptation or addition to the Licensed Software made by the Client or on its behalf, Lightbox Photo (TM) will invoice the Client for all time spent to identify such malfunction and to carry out any remedial work at Lightbox Photo (TM)'s hourly rate then in effect for consulting services. 5. LIMITATION OF LIABILITY THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, Lightbox Photo (TM) MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE AND DOCUMENTATION, INCLUDING WITH RESPECT TO TECHNICAL SUPPORT AND UPGRADE. Lightbox Photo (TM) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lightbox Photo (TM) SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF Lightbox Photo (TM) SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY Lightbox Photo (TM) HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE. 6. INSTALLATION AND USE OF LICENSED SOFTWARE The Client shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed Software. 7. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE The Client may modify, adapt and create improvements to the Licensed Software as it deems appropriate solely for its own purposes (the "Improvements"). The Client acknowledges that the exercise of such right does not confer upon it any right of ownership in the Licensed Software or any right to provide, license, assign, sell or lease to third parties such modified, adapted or improved version of the Licensed Software, or the Improvements independently of the Licensed Software. The Client may communicate all or part of the Improvements to Lightbox Photo (TM) as it deems appropriate, thereby automatically granting to Lightbox Photo (TM) a perpetual royalty-free license to copy, distribute, communicate to the public, modify and adapt such Improvements, and to sub-license others to use such Improvements, which license will survive the expiration or termination of this License. Lightbox Photo (TM) shall be under no obligation to integrate into the Licensed Software any material provided by the Client under this clause. It is also agreed that Lightbox Photo (TM) can use screenshots of the client's website and/or hyperlinks to the client's website for the purpose of demonstrating how the software may be customized and but not limited to promoting Lightbox Photo (TM) and it's software. 8. CONFIDENTIALITY The Client acknowledges that all information relating to the Licensed Software that it has obtained or shall obtain, including the source code of the Licensed Software, are of a confidential nature and are trade secrets exclusively owned by Lightbox Photo (TM). The Client expressly undertakes to use the information relating to the Licensed Software it receives in conformity with this License and to hold such information in confidence without disclosing it to any third party during the term of this License and at all times subsequent to its termination or expiration for whatever reason. The Client shall not use the information relating to the Licensed Software for the benefit of third parties or to provide consulting services to third parties. 9. NON TRANSFERABILITY Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed or time shared without the prior written consent of Lightbox Photo (TM). Any such assignment, transfer, delegation, sublicense or time sharing in breach of this undertaking is void and results in the immediate termination of this License. 10. TERMINATION Lightbox Photo (TM) shall have the right to terminate this License immediately without notice in the event that: a) the Client breaches any of the terms and conditions of this License or refuses or neglects to pay the applicable license fees when they fall due; or b) the Client files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Client and said petition is not discharged within thirty (30) days, or if the Client becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the Client comes into the possession of its creditors or of a governmental agency or of a receiver. The Client undertakes in the event of termination of this License to immediately cease any and all use of the Licensed Software, to deliver up to Lightbox Photo (TM) the Licensed Software and the Documentation, and to destroy any copies made. 11. ENTIRE LICENSE All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing. 12. GOVERNING LAW This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the province of Ontario, Canada. 13. VENUE The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial jurisdiction of Ontario, Canada , as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute. 14. LANGUAGE The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English. By submitting your order, you acknowledge having read this license and agree to be bound thereby. Content Copyright © 2003 - 2007. Lightbox Photo (TM) Gallery Software. All rights reserved. www.lightboxphoto.com     By Clicking on the "Next" button, you acknowledge having read the EULA and agree to be bound thereby.