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
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
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.
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
Miscellaneous
This Agreement is governed
by the laws of the State of
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
