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Software License Agreement
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS: THIS LICENSE
AGREEMENT ("LICENSE" OR "AGREEMENT") IS AN AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR A SINGLE ENTITY) AND THE OWNER OF THE SOFTWARE ("LICENSOR") FOR
THE USE OF LIVESITE SOFTWARE ("SOFTWARE"). BY INSTALLING OR USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, WHICH COVERS YOUR
USE OF THE SOFTWARE AND RELATED SOFTWARE COMPONENTS, WHICH MAY INCLUDE PRINTED
MATERIALS AND "ONLINE" OR ELECTRONIC DOCUMENTATION. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
1. License. Subject to the terms of this Agreement and full payment of the
applicable license fees, Licensor hereby grants You a limited, non-exclusive,
non-assignable, non-sub licensable (except as set forth in Section 8 below)
license to install, use and copy the Software to provide a single website
domain installation of the Software. All rights not expressly granted to You
herein are retained by Licensor.
2. Copies. Except as provided in this Section 2, a separate license is
required for each additional installation of the Software. You may make a
reasonable number of copies of the Software solely for emergency back-up,
testing or archival purposes. Further, You may load the Software onto another
CPU server owned and operated by You on a hot "redundancy" basis to be used
only as follows: should your server malfunction or be taken off-line for
maintenance purposes, the copy on such other server may be used until the
original server is functioning. The ultimate result must be only one publicly
accessible Software installation per license.
3. Notices. All pages generated by the Software must retain all Software
notices and associated hyperlinks. You may modify the positioning and font,
as long as the notices and hyperlinks remain readily perceptible to the human
eye and function. Beyond these specific stipulations, You may not alter any
proprietary notices that are contained in the Software, within the scripts and
HTML generated by the scripts, and related documentation as delivered under
this License.
4. License Restrictions. You may not: (a) reproduce or distribute all or any
portion of the Software to any third party; (b) remove any proprietary notices
from the Software or any copy thereof; (c) sell, assign, rent, transfer,
distribute, act as a service bureau, or grant rights in the Software to any
other person without the prior written consent of Licensor; (d) export or
reexport the Software in violation of U.S. export laws; or (e) use the
Software in violation of any applicable law, regulation or ordinance. Further,
You may not use the Software or any related services to develop, generate,
transmit or store information that: (i) infringes any third party's
intellectual property or other proprietary right; or (ii) is illegal.
5. Copyright; Proprietary Rights. The Software is All Rights Reserved
© Camelback Consulting, Inc. and is protected by United States and
international copyright laws. Except for the limited license granted to You,
Licensor reserves all right, title and interest to the Software and all
associated icons and graphics, as well as the liveSite and Camelback Web
Architects logos and trademarks (collectively, Camelback Marks). Title to and
ownership of the Software and Camelback Marks, including without limitation
all intellectual property rights therein and thereto, are and shall remain the
exclusive property of Licensor and its suppliers. You shall not take any action
to jeopardize, limit or interfere with Licensor's ownership of and rights with
respect to the Software and/or Camelback Marks. You acknowledge that any
unauthorized copying or use of the Software and/or Camelback Marks is a breach
of this License.
6. Delivery and Installation. Unless otherwise agreed by Licensor in writing,
You are solely responsible for delivery and installation of the Software. You
may complete delivery and installation of the Software by accessing the
Download section of the Camelback website (http://www.camelback.net/). Upon
receipt of full payment, Licensor will e-mail You an encrypted license key
that will enable You to add capacity to the features of the Software.
7. Downloads Section. Subject to the terms of this Agreement and full payment
of the applicable license fees, You will be permitted free access to the
Downloads section of Camelbackís website for a pre-designated period of time
following Your agreement to the terms of this License. In the Downloads
section, you may download current versions and upgrades of the Software, as
well as future temporary fixes and version updates. Thereafter, access to the
Downloads section is subject to Your purchase of an annual support plan.
Except as specified herein and unless otherwise agreed in writing by the
parties, Licensor is not obligated to provide training, maintenance or support
of any kind for the Software. In its sole discretion and at any time, Licensor
may discontinue the Downloads section, or any service or feature available
through the Downloads section.
8. Modifications to the Software. Subject to the terms and conditions of this
License and during the effective term only of this License, You may not alter
and/or modify the Software and You may not sublicense the Software to third
parties. This prohibition applies to both altered Software code and any new
code developed by license holders specifically for use with the Software. The
foregoing restrictions shall survive the termination or expiration of this
License.
9. Your Responsibilities. In addition to the other terms and conditions set
forth in this License, You are responsible for providing and maintaining all
equipment and Internet connections necessary to install and properly use the
Software, including, without limitation, computer hardware and software,
modems, and telephone and/or network services. Licensor does not access,
control, edit or screen any content transmitted using the Software or related
services; therefore, You are solely responsible for the receipt or
transmission of any and all content using the Software.
10. Promotional Materials. You agree that Licensor may list the web sites You
maintain and manage with Software in promotional materials and/or on the
Camelback web site.
11. U.S. Government Restricted Rights: This Software and documentation are
provided with RESTRICTED RIGHTS. If used or acquired by the Government, the
Government acknowledges that (a) the Software constitutes "commercial computer
software" or "commercial computer software documentation" for purposes of 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (b) the
Government's rights are limited to those specifically granted to You, the
licensee, pursuant to this Agreement.
12. Export Controls. The Software and all underlying information and
technology is subject to U.S. export controls, including the Export
Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be
subject to export or import regulations in other countries. You are
responsible for complying with all trade regulations and laws, both foreign
and domestic.
13. Termination. Licensor may terminate this License if You fail to comply
with the terms of this License or any applicable agreement relating to
professional or other services Licensor may provide to You. You may terminate
this License at any time by destroying or removing from all hard drives,
networks, and other storage media all copies of the Software. Upon any
termination, You must remove the Software from your computer equipment and
destroy all originals and copies of the Software in your possession. The
following sections shall survive any termination of this agreement and shall
be effective in accordance with their terms: 4, 5, 8, and 11 through 19.
14. Indemnity. You agree to indemnify, hold harmless and defend Licensor, at
your expense, against any and all third-party claims, actions, proceedings,
and suits and all related liabilities, damages, settlements, penalties, fines,
costs or expenses (including, without limitation, reasonable attorneys' fees
and other litigation expenses) incurred by Licensor arising out of or relating
to your (a) violation or breach of any term of this License, or (b) use or
misuse of the Software.
15. Refunds. You may terminate the License within thirty (30) days of purchase
to receive a full refund, less handling fees. The refund is not transferable
and will be given to the original purchaser in the same form of payment that
was originally made. Licensor's payment of the refund constitutes termination
of the Agreement as described in Section 13.
16. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME
ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LICENSOR, EITHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, LICENSOR DOES NOT REPRESENT OR
WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND
DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR
DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES.
SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU.
17. Limitation of Liability. YOU ASSUME ALL RISK ASSOCIATED WITH THE
INSTALLATION AND USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION ALL CONDUCT
AND CONTENT ASSOCIATED WITH PUBLISHING A WEBSITE). IN NO EVENT SHALL LICENSOR
BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER
THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS
INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSORS'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LICENSOR
FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE LICENSOR FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE
FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
18. CHANGES TO TERMS. LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT
ANY TIME BY POSTING CHANGES ONLINE. IF THIS AGREEMENT IS REVISED, THE CHANGES
WILL BE POSTED THROUGH THE "LICENSE AGREEMENT" LINK IN THE "ABOUT US: LEGAL"
SECTION OF LICENSOR'S WEB SITE. A MORE RECENT DATE AT THE TOP OF THE POSTED
AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET YOU KNOW THAT A
CHANGED AGREEMENT HAS BEEN POSTED. YOUR NON-TERMINATION OR CONTINUED USE OF
THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS
AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
19. General Provisions. The terms set forth in this License and any related
service agreements constitute the final, complete and exclusive agreement with
respect to the Software and may not be contradicted, explained or supplemented
by evidence of any prior agreement, any contemporaneous oral agreement or any
consistent additional terms. Should any term or provision hereof be deemed
invalid, void or unenforceable either in its entirety or in a particular
application, the remainder of this License shall nonetheless remain in full
force and effect. Any term of this License may be amended and the observance
of any term may be waived only with the written consent of the parties. The
failure of Licensor at any time or times to require performance of any
provision hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing. This License shall be
governed by and construed in accordance with the laws of the State of Texas
without regard to its conflict of law rules. Any legal proceeding arising out
of or relating to this Agreement will be subject to the exclusive jurisdiction
of any state or federal court sitting in Dallas, Texas. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
against Licensor must be filed within one (1) year after such claim or cause of
action arose or it will be forever barred. The provisions of the 1980 U.N.
Convention on Contracts for the International Sale of Goods shall not apply.
If You have any questions concerning this License, please direct all
correspondence to Camelback through our online contact form.
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;?>)