| 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. |