COMMUNITY SERVER LICENSE AGREEMENT

COMMERCIAL LICENSE AGREEMENT 2.0

Last Updated February 3rd 2006

IMPORTANT - READ CAREFULLY.

This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and Telligent Systems Corporation for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.

Software Product License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This Agreement grants you certain limited, non-exclusive rights. Telligent Systems, Inc. reserves all rights not expressly granted to you.

1a. The SOFTWARE PRODUCT consists of server software (SERVER).
1b. Each SERVER must have a license or licenses installed on the SERVER. The total number of SERVERS must not exceed the total number of purchased licenses for your organization.

2. COPYRIGHT.

All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Telligent Systems, Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

3a. EXPRESS edition of SOFTWARE PRODUCT. Use of the EXPRESS EDITION of Community Server requires the display of the “Powered By” EULA.gif on all pages that make use of functionality provided by Community Server. This image may be obtained at: http://communityserver.org/utility/EULA.GIF. The EULA.gif image must link-to: http://communityserver.org/r.ashx?1. You may not modify the source code to remove the “Powered By” or hide any copyright, logos, or trademark notices from the source code.

3b. STANDARD, PROFESSIONAL, and ENTERPRISE editions of SOFTWARE PRODUCT. You may modify the SOFTWARE PRODUCT to remove the “EULA.GIF” Powered By branding information required by the EXPRESS LICENSE. You may not modify the source code to remove or hide any copyright, logos, or trademark notices from the source code.

3c. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3d. Rental. You may not rent or lease the STANDARD, PROFESSIONAL, or ENTERPRISE editions SOFTWARE PRODUCT.
3e. Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
3f. Termination. Without prejudice to any other rights, Telligent Systems, Inc. may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3g. Distribution. You may not distribute this product, or any portion thereof, or any derived work thereof, to anyone outside your organization. You are not allowed to combine or distribute the Software with other software that is licensed under terms that seek to require that the Software (or any intellectual property in it) be provided in source code form, licensed to others to allow the creation or distribution of derivative works, or distributed without charge.

3h. Patents. If you sue anyone over patents that you think may apply to the Software for a person's use of the Software, your license to the Software ends automatically.

3i. Patent Rights. If any, granted in this license only apply to the Software, not to any derivative works you make.

4. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Telligent Systems, Inc., a Texas corporation.

Miscellaneous

This Agreement is governed by the laws of the State of Texas. Should you have any questions concerning this Agreement, or if you desire to contact Telligent Systems, Inc. for any reason, please access our website at www.telligent.com or contact us at sales@telligent.com.

NO WARRANTIES. To the maximum extent permitted by applicable law, Telligent Systems, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

LIMITATION OF LIABILITY. Telligent Systems, Inc. entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Telligent Systems, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Telligent Systems, Inc. product, even if Telligent Systems, Inc. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you