WITHOUT PREJUDICE

The repository path indicated below contains copies of multiple versions of our software products, mostly past evaluation versions, although at https://github.com/ss23/ioncube-archive/tree/master/encoders/v6.5.12 within the node there is a copy of licensed software that was exclusively issued to an ionCube customer on 16th October 2013 who is not the person associated with the GitHub account. This is a breach of clause 2.1 of our license agreement which states:

2 DISTRIBUTION

2.1 The Product may not be redistributed to any third party.

A copy of a ticket transcript from today with the GitHub user is also attached, where they were inquiring about older versions of our software and where they confirmed that they had no intention of publicly releasing copies of our software. Some parts of the repository contain old software that is not explicitly explicitly excluded by license from redistribution and therefore not the subject of this notice.

**Are you the copyright owner or authorized to act on the copyright owner's behalf?**  

Yes.

**What work was allegedly infringed? If possible, please provide a URL:**  

Product files are provided via http://www.ioncube.com and http://www.ioncube.com/encoder_eval_download.php

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:**  

https://github.com/ss23/ioncube-archive/tree/master/encoders/

**Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**  

Yes

**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**  

No.

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?**  

Not at this time.

**Do you have the alleged infringer's contact information? If so, please provide it:**  

[private]   

**Type (or copy and paste) the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."**  

I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

**Type (or copy and paste) the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."**  

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

**Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/**  

Yes

**So that we can get back to you, please provide either your telephone number or physical address:**  

[private]  

**Please type your full legal name below to sign this request:**  

[private]  
