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WebMO License Agreement
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WebMO License Agreement 1.1
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Definitions
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The "SOFTWARE PRODUCT" is all files included with the WebMO distribution
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archive as well as all files produced as a result of the installation scripts.
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The "SOFTWARE PRODUCT" also includes the WebMO logo and the "look and feel" of
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any page produced via WebMO or included with the WebMO package. The provisions
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of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all
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derivative works of the "SOFTWARE PRODUCT."
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The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT
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unless the individual designates another to be the "LICENSEE".
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"WEBMO" is WebMO, LLC of Holland, Michigan, which is the sole owner of the
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copyright and all other rights in and to the SOFTWARE PRODUCT.
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"LICENSE FEES" are monies paid from the LICENSEE to WebMO for the right to
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invoke this License Agreement for a specific implementation of the SOFTWARE
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PRODUCT.
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Application of License
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By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE
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PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of
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the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms
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of this License Agreement.
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The LICENSEE is responsible for ensuring that the terms of the License
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Agreement are upheld and the LICENSEE is responsible for any violations of the
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License Agreement whether or not the LICENSEE authorized the infringements of
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the License Agreement.
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Permitted Uses
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Provided that any required LICENSE FEES have been paid, this License Agreement
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allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of
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installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of
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examining the source code of the SOFTWARE PRODUCT to evaluate its future use on
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the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT one time
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onto a single WWW server. The LICENSEE may also retain one copy of the
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distribution of the SOFTWARE PRODUCT for archival purposes provided that this
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archive is not redistributed in any way.
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License Fees
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WebMO retains the right to charge license fees for its product. However, no
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retroactive fees for issued licenses will ever be applied. Licenses are issued
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for a particular WebMO version, and a fee may be charged for future WebMO
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upgrades.
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Prohibited Uses
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The LICENSEE agrees not to do any of the following unless previously authorized
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in writing by WebMO, as doing the following would violate this License
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Agreement and be grounds for the termination of this License Agreement and
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possible legal action as described in this License Agreement.
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* Making available for download or otherwise copying or redistributing the
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SOFTWARE PRODUCT
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* Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or
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organization
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* Including on any distribution medium (such as a CD-ROM or bundled within
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a software package) the SOFTWARE PRODUCT
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* Installing the SOFTWARE PRODUCT on more than one WWW server or
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implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a
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sufficient number of Licenses to do so
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* Using any portion of the SOFTWARE PRODUCT in any other application or
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redistributing the SOFTWARE PRODUCT under the same or another name
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Copyright Notices and Program Credits
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Copyright notices included within the CGI scripts and source files of the
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SOFTWARE PRODUCT may never be modified, appended, or removed without the prior
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expressed written consent of WebMO, regardless of whether the LICENSEE has paid
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any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
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The LICENSEE is not permitted to modify, append, or remove any copyright
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notices or program credits appearing within the visual interface of the
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SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on
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documentation pages and the "About WebMO" page. Removing links to such
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copyright notices and program credits is similarly prohibited.
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Multiple Installations
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Each distinct implementation of the SOFTWARE PRODUCT requires that a separate
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License be issued by WebMO to the LICENSEE. If no LICENSE FEES have been paid,
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a LICENSEE is limited to one active License and may install only one
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implementation of the SOFTWARE PRODUCT.
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Modifications or Additions
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WebMO strongly discourages the use or creation of any modifications or
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additions to the SOFTWARE PRODUCT. Any modifications or additions to the
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SOFTWARE PRODUCT are subject to the following provisions:
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1. The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the
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LICENSEE'S own use, except that copyright headers and credits cannot be removed
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except as otherwise provided in this License Agreement.
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2. Any modifications containing portions of the SOFTWARE PRODUCT or causing
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any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise
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used in any way, are considered derivative works of the SOFTWARE PRODUCT.
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Hence, these modifications are subject to all terms of this License Agreement,
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and consequently cannot be redistributed or sold. Thus, no person,
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organization, or entity shall distribute any modification or addition to the
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SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
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3. By making any modification or by otherwise installing any third-party
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modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty
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and any obligation of support on behalf of WebMO, whether express or implied.
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WebMO specifically disclaims all warranties, express or implied, if any portion
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of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE
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PRODUCT'S accompanying documentation.
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4. WebMO makes no guarantee that the underlying code or data structure will
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be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees
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that WebMO retains the absolute right to modify future versions of the SOFTWARE
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PRODUCT as WebMO sees fit, whether or not such modifications are compatible
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with any modifications made by the LICENSEE. WebMO retains this right in all
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circumstances, even if the LICENSEE has the right under arrangements with WebMO
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to download and install future upgrades of the SOFTWARE PRODUCT. WebMO is under
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no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the
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LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
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Limited Warranty
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Provided that LICENSE FEES have been paid by the LICENSEE, WebMO warrants that
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the SOFTWARE PRODUCT will perform according to its documentation on a system
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meeting the minimum specified requirements for a period of 30 days commencing
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upon timely payment of such LICENSE FEES. Should WebMO breach the limited
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warranty agreement, WebMO will, at its discretion, repair, replace, or provide
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instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to
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the LICENSEE. In this sense, WebMO offers 30 days of free technical support to
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the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform
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according to its documentation. In no case shall the liability of WebMO exceed
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the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if
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LICENSE FEES have not been paid by the LICENSEE.
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This is the only warranty of any kind guaranteed by WebMO. Except for this
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limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the
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LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE
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PRODUCT prove defective, the LICENSEE and not WebMO assumes the entire cost of
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service and repair. In addition, the security mechanisms implemented in
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SOFTWARE PRODUCT have inherent limitations, and WebMO does not warrant that the
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SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by
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applicable law, WebMO disclaims all other warranties, either express or
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implied. Particularly, WebMO makes no warranty of title, no warranty against
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infringement, no warranty of merchantability, and no warranty of fitness for a
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particular purpose. This warranty gives you specific legal rights, and you may
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have other legal rights that vary by jurisdiction.
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The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in
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high-risk activities in any environment where the SOFTWARE PRODUCT could lead
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to injury or death. WebMO specifically disclaims any warranties, express
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implied, of fitness for high-risk activities.
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In no event shall WebMO be liable for any damages in excess of LICENSE FEES
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paid (including without limitation, special, direct, incidental, consequential,
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or indirect damages for personal injury, loss of business profits, business
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interruption, loss of information, loss of data, and any other pecuniary loss)
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arising from the installation or any use of this SOFTWARE PRODUCT.
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The LICENSEE voids this limited warranty by performing any of the following
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actions:
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1. Modifying any part of the SOFTWARE PRODUCT except as documented in the
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documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not
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limited to, the CGI scripts, and any configuration files generated by the
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program or required for installation. Should any other person or any automatic
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process (including but not limited to web site publishing software or
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third-party scripts which directly or indirectly access or write any of the
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files constituting part of the SOFTWARE PRODUCT) perform such modifications,
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the LICENSEE is deemed to have performed such modifications and thus the
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limited warranty is void.
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2. Breaching any portion of this License Agreement.
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3. Failing to promptly register the implementation of the SOFTWARE PRODUCT
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with WebMO following its implementation the LICENSEE'S site.
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4. Deleting or moving (intentionally or inadvertently) any file provided
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with, created by, or used by the SOFTWARE PRODUCT.
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5. Failing to meet the system requirements for the LICENSEE'S server as
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stated on the WebMO download page for the version of the SOFTWARE PRODUCT that
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the LICENSEE is attempting to install.
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6. Failing to pay required LICENSE FEES in a timely manner for the
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LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE
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not only voids the limited warranty, but also breaches this License Agreement
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and is also subject to other provisions of this License Agreement.
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Site Content
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The LICENSEE alone, not WebMO, bears the entire responsibility for the content
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of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as
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part of that internet site. In no way shall WebMO be liable or responsible for
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the content of any LICENSEE'S site, including but not limited to any data
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created by users of the SOFTWARE PRODUCT.
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Title and Copyright
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The SOFTWARE PRODUCT remains the property of WebMO. The SOFTWARE PRODUCT is
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licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right
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to use the SOFTWARE PRODUCT as described in this License Agreement, but the
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LICENSEE does not assume any rights of ownership or other rights in and to the
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SOFTWARE PRODUCT.
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The SOFTWARE PRODUCT is copyright <20> 2000 by WebMO, all rights reserved. The
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LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted
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software but does not gain ownership of the copyright or of the SOFTWARE
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PRODUCT.
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Consequences of License Violations
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Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the
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expressed written consent of WebMO, the LICENSEE is in violation of this
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License Agreement. If the LICENSEE was using any portions of the SOFTWARE
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PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE
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agrees to pay to WebMO the LICENSE FEES necessary to license the unlicensed
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implementation according to the schedule of LICENSE FEES available at the time
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from the WebMO web site. Additionally, WebMO may require that the LICENSEE
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immediately and entirely remove any implementation of the SOFTWARE PRODUCT that
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is in breach of this License Agreement. In addition, the LICENSEE shall be
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liable for the payment to WebMO of attorney's fees, court costs, punitive
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damages, and any other legal remedy appropriate for the situation.
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Should the LICENSEE distribute, sell, or otherwise make available any portion
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of the SOFTWARE PRODUCT or any modification which is determined to be the
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SOFTWARE PRODUCT according to any other sections of this License Agreement, the
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LICENSEE shall be liable for the payment to WebMO of the equivalent cost of
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LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the
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LICENSEE in violation of this License Agreement, whichever is more. In
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addition, the LICENSEE shall be liable for the payment to WebMO of attorney's
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fees, court costs, punitive damages, and any other legal remedy appropriate for
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the situation.
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Termination
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WebMO may, at any time, terminate the License Agreement if WebMO determines
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that the License Agreement has been breached. If the termination of License
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Agreement occurs as a result of a violation by the LICENSEE or another person,
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the LICENSEE must immediately remove all files from his or her implementation
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of the SOFTWARE PRODUCT and all links to the same.
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In no case shall WebMO be responsible for paying to the LICENSEE or anyone else
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any amount of money, even if the termination of the license diminishes or
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eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no
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case shall WebMO be responsible for refunding any LICENSE FEES, regardless of
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the reason for termination of this License Agreement, except as provided in the
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limited warranty section of this License Agreement.
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Transfer of License
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The LICENSEE is not permitted to transfer a License to any other individual or
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institution without the expressed written consent of WebMO.
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Without prior written consent of WebMO, the LICENSEE may not act as a reseller
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who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under
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this License Agreement, WebMO reserves the right to develop a separate
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agreement applying to such reselling activities, and such an agreement, if
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entered into by WebMO and the LICENSEE, would supercede this License Agreement
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as defined in the separate agreement.
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Jurisdiction
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This License Agreement is governed by the laws of the State of Michigan. Both
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the LICENSEE and WebMO submit to the jurisdiction of the courts of the State of
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Michigan. Both the LICENSEE and WebMO agree to commence any litigation that may
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arise hereunder in the courts located in the Judicial District of Ottawa County
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in the State of Michigan.
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