Additional Components
Version 1.1 (as of 8/5/2007)
PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION (AS FURTHER DEFINED BELOW) CAREFULLY BEFORE USING THE SOFTWARE.
1. Introduction and Acceptance
This Software License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) (the “Licensee”) and TWIKI.NET, Inc. (the “Licensor”) regarding the use of Licensor's software known as Certified TWiki, which includes user documentation provided in electronic form (together, the "Licensor Software"). The Licensor Software is being distributed in conjunction with certain third party software (the “Third Party Software”) the terms of which are available at
http://www.twiki.net/licenses.html (the “Third Party Software Agreements”). Collectively, this third party software and the Licensor Software are (the “Software”).
BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE THIRD PARTY SOFTWARE AGREEMENTS. BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND THE THIRD PARTY SOFTWARE AGREEMENTS, CLICK THE "DECLINE" BUTTON AND THE SOFTWARE WILL NOT BE DOWNLOADED OR INSTALLED ON YOUR COMPUTER. IF YOU DO NOT INSTALL THIS SOFTWARE PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION.
2. Grant of License
(a) By Licensor. Subject to the restrictions set forth below, this Agreement grants Licensee a non-exclusive, royalty-free, perpetual license to install and use one (1) copy of the specified version of the Licensor Software in object code format, for internal purposes only, on only one computer. The Licensor Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. The Third Party Software is subject to the terms of the Third Party Software Agreements.
(B) By Licensee. Licensee hereby grants to Licensor the right to periodically collect and transmit to Licensor’s servers anonymous statistical data such as number of users, number of webs and number of wiki pages related to the Licensor Software.
3. Ownership
The license granted to Licensee hereunder does not constitute a transfer or sale of Licensor’s ownership rights in or to the Licensor Software. Except for the license rights granted above, Licensor retains all right, title and interest in and to the Licensor Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.
4. License Restrictions
LICENSEE MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN OR OTHERWISE TRANSFER THE LICENSOR SOFTWARE OR ANY OF LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. Licensee may not reverse engineer, decompile, or disassemble the Licensor Software or attempt to circumvent any technical restrictions included in the code, except to the extent the foregoing restriction is expressly prohibited by applicable law. Licensee may not (i) remove or destroy any copyright notices or other proprietary markings; (ii) modify or adapt the Licensor Software, merge the Licensor Software into another program or create derivative works based on the Licensor Software; or (iii) provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the Licensor Software for the benefit of third parties (through the Internet or otherwise).
5. Confidentiality
Licensee shall hold in the strictest confidence the Licensor Software and any related materials or information including, but not limited to, any technical data, research, product plans or know-how provided by Licensor to Licensee, either directly or indirectly in writing, orally or by inspection of tangible objects (“Confidential Information”). Licensee shall not disclose any Confidential Information to third parties, including any of Licensee employees who do not have a need to know such information and Licensee shall take reasonable measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. Licensee shall immediately notify the Licensor in the event of any unauthorized or suspected use or disclosure of the Confidential Information.
6. Termination
This Agreement shall be effective upon installation of the Licensor Software and SHALL TERMINATE UPON THE EARLIER OF: (i) LICENSEE’S FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; OR (ii) DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN LICENSEE’S POSSESSION. Licensor’s rights and Licensee’s obligations shall survive the termination of this Agreement. Upon termination of this Agreement by Licensor, Licensee shall certify in writing to Licensor that all copies of the Licensor Software, or any portion thereof, have either been returned to Licensor or otherwise destroyed or deleted from any of Licensee’s computer libraries or storage devices.
7. NO WARRANTIES
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. LICENSEE ASSUMES ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM, THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATOR OF (1) THE AMOUNT PAID TO LICENSOR FOR THE SOFTWARE UNDER THIS AGREEMENT OR (2) U.S. $100.
9. Export Restrictions
Licensee may not export or re-export: (i) the Licensor Software without the prior written consent of Licensor; and (ii) the Software without complying with applicable export control laws and obtaining any necessary permits and licenses.
10. General
This Agreement is governed by the laws of the State of California, excluding its conflicts of laws principles. Licensee agree to the exclusive jurisdiction and venue of the state and federal courts located in County of San Mateo, California. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are inserted for convenience only and do not affect its interpretation. Licensee may not assign this Agreement, whether by operation of law, merger or reorganization, without the prior written consent of Licensor; any attempted assignment in violation of the foregoing will be void. Licensor may assign this Agreement in connection with a reorganization, reincorporation, merger, or sale of all, or substantially all of the shares or assets of Licensor. This Agreement constitutes the final, complete and exclusive agreement between the parties with respect to Licensee’s use of the Software and supersedes any prior or contemporaneous representations or agreements, whether written or oral other than the Third Party Software License Agreements. Any company names, logos, and product names displayed in the Software are subject to United States’ and international copyright, trademark and intellectual property laws and Licensee may not reproduce or distribute any such company names, logos or product names without the express written consent of their respective owners.
11. Questions
Should Licensee have any questions concerning this Agreement, or if Licensee desire to contact Licensor for any reason, please contact: sales@twiki.net.
