Hosted Movable Type Software Service Agreement
last updated: August 30, 2005
You are being granted a license to use Movable Type as a value added feature of the service you purchase from JSW4.NET or our branded services. You can use the software while you are hosting with JSW4.NET on our servers and we will perform basic maintenance of the software for you. You cannot make copies of the software to use on other servers, and your license to use the software expires when you cancel your account with JSW4.NET.
We will also be your first contact for support for problems or issues with the software. As noted below, Six Apart will provide support as per their own policies if we are unable to assist you.
You are also bound by the standard terms of the Movable Type License. Use of JSW4.NET services and Movable Type on our servers constitutes acceptance of these agreements. These agreements are posted on our web site and are subject to change from time to time without notice.
MOVABLE TYPE SOFTWARE STANDARD COMMERCIAL USE LICENSE
This End User License Agreement (the "Agreement") is a binding legal agreement between the person or organization that registers to download the Movable Type software ("you") and Six Apart, Ltd ("Six Apart"). By selecting "I Accept" when downloading, or by installing or using the Movable Type Software (the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, you may not install or use the Software. Educational institutions and not-for-profit organizations desiring a license for non-commercial use in their organization should use the appropriate Educational or Not-For-Profit License from Six Apart.
HOW YOU CAN USE MOVABLE TYPE.
You have, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license to use the Software for your business purposes. For clarification purposes, use of the Software by an incorporated entity, a partnership, or by an individual to directly or indirectly support any commercial endeavor is considered a "business purpose." Six Apart reserves the right to determine whether your use of the Software qualifies under this Agreement. Six Apart owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement. Your use of the Software is limited to a fixed number of Users and Servers, as defined and enumerated in Exhibit A of this Agreement.
A LITTLE CREDIT.
We ask that you maintain, on every site generated by the Software, an operable link to http://www.sixapart.com/movabletype/, with the link text "Powered by Movable Type" in the form available at the following URL: http://www.movabletype.org/images/save-on-your-server.gif, though the presence of the credit link on a commercial site is optional.
MAKING COPIES.
You may make as many copies of the Software as you need in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by Six Apart.
GETTING HELP.
Six Apart will provide technical support services for the Software as enumerated in your copy of the Software.
RESTRICTIONS.
You understand and agree that you will only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Distribute derivative works based on the Software (the distribution of plug-ins and other add-ons to the product written using APIs and other programmatic interfaces published by Six Apart are allowed);
- Reproduce the Software except as described in this Agreement;
- Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software, in whole or in part, or any copies of the Software in any form to any third parties;
- Use the Software to provide hosting services to others or to provide any type of service bureau service; or
- Remove or alter any proprietary notices on the Software.
TYPEKEY SERVICE.
Some uses of the Comment Registration feature may require registration for the TypeKey service www.typekey.com and compliance with the TypeKey Services End User License Agreement. All personal information that you provide to the TypeKey service will be governed by the Privacy Policy, which is available at http://www.typekey.com/privacy/.
FEES AND PAYMENT.
You will pay Six Apart the Standard Commercial Use License Fee set forth on Six Apart's then-current price list for use of the Software. The credit card that you provide as part of the registration process will be automatically and immediately billed. All currency references are in U.S. dollars.
For certain licenses you may also be required to pay an annual maintenance fee to maintain your access to support, updates and upgrades. Maintenance fees, if any, are enumerated in Exhibit A of this Agreement.
PERSONAL INFORMATION AND PRIVACY.
We may ask you to provide certain information about yourself during the Software downloading process. All personal information that you provide to Six Apart will be governed by the Privacy Policy, which is available at http://www.sixapart.com/privacy/. By choosing to use the Software, you indicate your understanding and acceptance of the Privacy Policy.
LIMITATIONS PERIOD
No action or claim relating to this Agreement may be instituted more than one (1) year after the event giving rise to the action or claim.
NO WARRANTY.
THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. SIX APART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
TERM AND TERMINATION.
The term of this Agreement shall be for the period set forth in Exhibit A of this Agreement. You may use the Software under this Agreement until the end of the term or until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "Title," "No Warranty," "Indemnification," "Limitation of Liability," and "General" will survive any termination of this Agreement.
INDEMNIFICATION.
By accepting the Agreement, you agree to indemnify, defend and otherwise hold harmless Six Apart, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SIX APART'S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO SIX APART UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
GENERAL.
The Agreement between you and Six Apart will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The Agreement constitutes the entire agreement between you and Six Apart and governs your use of the Software, superseding any prior agreements between you and Six Apart. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein. The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void. Movable Type, the Movable Type logo, Six Apart, the Six Apart logo, and other Six Apart logos and names are trademarks of Six Apart, Ltd. You agree not to display or use these trademarks in any manner without Six Apart's prior, written permission. The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.
EXHIBIT A
Ten User Commercial License
Term Perpetual
Number of Servers 1
Number of users 10
Support Level
free support through help ticket system
Updates and Upgrades
free Updates and discounted Upgrades
Maintenance Fee None
Definitions
Definition of User
"User" means one individual with a unique login name generated by the Software via the "Add/Edit Weblog Authors" function of the Software who has logged in within the prior 90 days. An individual whose employment with your organization has been terminated and who will no longer be using the Software does not count as a User, even if such User has logged in within the prior 90 days. The sharing of an individual login name for more than one person is prohibited.
Definition of Server
"Server" means one computer or set of computers with a single installation of Movable Type installed on one Computer and no more than one other computer used for delivering web pages and two other computers used as database servers.
Definition of an Update
An “Update” of the product is defined as that which adds minor functionality enhancements or any bug fix to the current version. This class of release is identified by the change of the revision to the right of the decimal point, i.e. X.1 to X.2
The assignment to the category of Update or Upgrade shall be at the sole discretion of Six Apart.
Definition of an Upgrade
An “Upgrade” is a major release of the product and is defined as that which incorporates a major new features or enhancement that increase the core functionality of the software. This class of release is identified by the change of the revision to the left of the decimal point, i.e. 4.X to 5.X
The assignment to the category of Update or Upgrade shall be at the sole discretion of Six Apart.
