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WebMO License Agreement
WebMO License Agreement 1.1
Definitions
The "SOFTWARE PRODUCT" is all files included with the WebMO distribution
archive as well as all files produced as a result of the installation scripts.
The "SOFTWARE PRODUCT" also includes the WebMO logo and the "look and feel" of
any page produced via WebMO or included with the WebMO package. The provisions
of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all
derivative works of the "SOFTWARE PRODUCT."
The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT
unless the individual designates another to be the "LICENSEE".
"WEBMO" is WebMO, LLC of Holland, Michigan, which is the sole owner of the
copyright and all other rights in and to the SOFTWARE PRODUCT.
"LICENSE FEES" are monies paid from the LICENSEE to WebMO for the right to
invoke this License Agreement for a specific implementation of the SOFTWARE
PRODUCT.
Application of License
By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE
PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of
the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms
of this License Agreement.
The LICENSEE is responsible for ensuring that the terms of the License
Agreement are upheld and the LICENSEE is responsible for any violations of the
License Agreement whether or not the LICENSEE authorized the infringements of
the License Agreement.
Permitted Uses
Provided that any required LICENSE FEES have been paid, this License Agreement
allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of
installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of
examining the source code of the SOFTWARE PRODUCT to evaluate its future use on
the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT one time
onto a single WWW server. The LICENSEE may also retain one copy of the
distribution of the SOFTWARE PRODUCT for archival purposes provided that this
archive is not redistributed in any way.
License Fees
WebMO retains the right to charge license fees for its product. However, no
retroactive fees for issued licenses will ever be applied. Licenses are issued
for a particular WebMO version, and a fee may be charged for future WebMO
upgrades.
Prohibited Uses
The LICENSEE agrees not to do any of the following unless previously authorized
in writing by WebMO, as doing the following would violate this License
Agreement and be grounds for the termination of this License Agreement and
possible legal action as described in this License Agreement.
* Making available for download or otherwise copying or redistributing the
SOFTWARE PRODUCT
* Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or
organization
* Including on any distribution medium (such as a CD-ROM or bundled within
a software package) the SOFTWARE PRODUCT
* Installing the SOFTWARE PRODUCT on more than one WWW server or
implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a
sufficient number of Licenses to do so
* Using any portion of the SOFTWARE PRODUCT in any other application or
redistributing the SOFTWARE PRODUCT under the same or another name
Copyright Notices and Program Credits
Copyright notices included within the CGI scripts and source files of the
SOFTWARE PRODUCT may never be modified, appended, or removed without the prior
expressed written consent of WebMO, regardless of whether the LICENSEE has paid
any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
The LICENSEE is not permitted to modify, append, or remove any copyright
notices or program credits appearing within the visual interface of the
SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on
documentation pages and the "About WebMO" page. Removing links to such
copyright notices and program credits is similarly prohibited.
Multiple Installations
Each distinct implementation of the SOFTWARE PRODUCT requires that a separate
License be issued by WebMO to the LICENSEE. If no LICENSE FEES have been paid,
a LICENSEE is limited to one active License and may install only one
implementation of the SOFTWARE PRODUCT.
Modifications or Additions
WebMO strongly discourages the use or creation of any modifications or
additions to the SOFTWARE PRODUCT. Any modifications or additions to the
SOFTWARE PRODUCT are subject to the following provisions:
1. The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the
LICENSEE'S own use, except that copyright headers and credits cannot be removed
except as otherwise provided in this License Agreement.
2. Any modifications containing portions of the SOFTWARE PRODUCT or causing
any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise
used in any way, are considered derivative works of the SOFTWARE PRODUCT.
Hence, these modifications are subject to all terms of this License Agreement,
and consequently cannot be redistributed or sold. Thus, no person,
organization, or entity shall distribute any modification or addition to the
SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
3. By making any modification or by otherwise installing any third-party
modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty
and any obligation of support on behalf of WebMO, whether express or implied.
WebMO specifically disclaims all warranties, express or implied, if any portion
of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE
PRODUCT'S accompanying documentation.
4. WebMO makes no guarantee that the underlying code or data structure will
be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees
that WebMO retains the absolute right to modify future versions of the SOFTWARE
PRODUCT as WebMO sees fit, whether or not such modifications are compatible
with any modifications made by the LICENSEE. WebMO retains this right in all
circumstances, even if the LICENSEE has the right under arrangements with WebMO
to download and install future upgrades of the SOFTWARE PRODUCT. WebMO is under
no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the
LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
Limited Warranty
Provided that LICENSE FEES have been paid by the LICENSEE, WebMO warrants that
the SOFTWARE PRODUCT will perform according to its documentation on a system
meeting the minimum specified requirements for a period of 30 days commencing
upon timely payment of such LICENSE FEES. Should WebMO breach the limited
warranty agreement, WebMO will, at its discretion, repair, replace, or provide
instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to
the LICENSEE. In this sense, WebMO offers 30 days of free technical support to
the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform
according to its documentation. In no case shall the liability of WebMO exceed
the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if
LICENSE FEES have not been paid by the LICENSEE.
This is the only warranty of any kind guaranteed by WebMO. Except for this
limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the
LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE
PRODUCT prove defective, the LICENSEE and not WebMO assumes the entire cost of
service and repair. In addition, the security mechanisms implemented in
SOFTWARE PRODUCT have inherent limitations, and WebMO does not warrant that the
SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by
applicable law, WebMO disclaims all other warranties, either express or
implied. Particularly, WebMO makes no warranty of title, no warranty against
infringement, no warranty of merchantability, and no warranty of fitness for a
particular purpose. This warranty gives you specific legal rights, and you may
have other legal rights that vary by jurisdiction.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in
high-risk activities in any environment where the SOFTWARE PRODUCT could lead
to injury or death. WebMO specifically disclaims any warranties, express
implied, of fitness for high-risk activities.
In no event shall WebMO be liable for any damages in excess of LICENSE FEES
paid (including without limitation, special, direct, incidental, consequential,
or indirect damages for personal injury, loss of business profits, business
interruption, loss of information, loss of data, and any other pecuniary loss)
arising from the installation or any use of this SOFTWARE PRODUCT.
The LICENSEE voids this limited warranty by performing any of the following
actions:
1. Modifying any part of the SOFTWARE PRODUCT except as documented in the
documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not
limited to, the CGI scripts, and any configuration files generated by the
program or required for installation. Should any other person or any automatic
process (including but not limited to web site publishing software or
third-party scripts which directly or indirectly access or write any of the
files constituting part of the SOFTWARE PRODUCT) perform such modifications,
the LICENSEE is deemed to have performed such modifications and thus the
limited warranty is void.
2. Breaching any portion of this License Agreement.
3. Failing to promptly register the implementation of the SOFTWARE PRODUCT
with WebMO following its implementation the LICENSEE'S site.
4. Deleting or moving (intentionally or inadvertently) any file provided
with, created by, or used by the SOFTWARE PRODUCT.
5. Failing to meet the system requirements for the LICENSEE'S server as
stated on the WebMO download page for the version of the SOFTWARE PRODUCT that
the LICENSEE is attempting to install.
6. Failing to pay required LICENSE FEES in a timely manner for the
LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE
not only voids the limited warranty, but also breaches this License Agreement
and is also subject to other provisions of this License Agreement.
Site Content
The LICENSEE alone, not WebMO, bears the entire responsibility for the content
of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as
part of that internet site. In no way shall WebMO be liable or responsible for
the content of any LICENSEE'S site, including but not limited to any data
created by users of the SOFTWARE PRODUCT.
Title and Copyright
The SOFTWARE PRODUCT remains the property of WebMO. The SOFTWARE PRODUCT is
licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right
to use the SOFTWARE PRODUCT as described in this License Agreement, but the
LICENSEE does not assume any rights of ownership or other rights in and to the
SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is copyright � 2000 by WebMO, all rights reserved. The
LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted
software but does not gain ownership of the copyright or of the SOFTWARE
PRODUCT.
Consequences of License Violations
Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the
expressed written consent of WebMO, the LICENSEE is in violation of this
License Agreement. If the LICENSEE was using any portions of the SOFTWARE
PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE
agrees to pay to WebMO the LICENSE FEES necessary to license the unlicensed
implementation according to the schedule of LICENSE FEES available at the time
from the WebMO web site. Additionally, WebMO may require that the LICENSEE
immediately and entirely remove any implementation of the SOFTWARE PRODUCT that
is in breach of this License Agreement. In addition, the LICENSEE shall be
liable for the payment to WebMO of attorney's fees, court costs, punitive
damages, and any other legal remedy appropriate for the situation.
Should the LICENSEE distribute, sell, or otherwise make available any portion
of the SOFTWARE PRODUCT or any modification which is determined to be the
SOFTWARE PRODUCT according to any other sections of this License Agreement, the
LICENSEE shall be liable for the payment to WebMO of the equivalent cost of
LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the
LICENSEE in violation of this License Agreement, whichever is more. In
addition, the LICENSEE shall be liable for the payment to WebMO of attorney's
fees, court costs, punitive damages, and any other legal remedy appropriate for
the situation.
Termination
WebMO may, at any time, terminate the License Agreement if WebMO determines
that the License Agreement has been breached. If the termination of License
Agreement occurs as a result of a violation by the LICENSEE or another person,
the LICENSEE must immediately remove all files from his or her implementation
of the SOFTWARE PRODUCT and all links to the same.
In no case shall WebMO be responsible for paying to the LICENSEE or anyone else
any amount of money, even if the termination of the license diminishes or
eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no
case shall WebMO be responsible for refunding any LICENSE FEES, regardless of
the reason for termination of this License Agreement, except as provided in the
limited warranty section of this License Agreement.
Transfer of License
The LICENSEE is not permitted to transfer a License to any other individual or
institution without the expressed written consent of WebMO.
Without prior written consent of WebMO, the LICENSEE may not act as a reseller
who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under
this License Agreement, WebMO reserves the right to develop a separate
agreement applying to such reselling activities, and such an agreement, if
entered into by WebMO and the LICENSEE, would supercede this License Agreement
as defined in the separate agreement.
Jurisdiction
This License Agreement is governed by the laws of the State of Michigan. Both
the LICENSEE and WebMO submit to the jurisdiction of the courts of the State of
Michigan. Both the LICENSEE and WebMO agree to commence any litigation that may
arise hereunder in the courts located in the Judicial District of Ottawa County
in the State of Michigan.
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