LIMITED COMMERCIAL USE LICENSE Revised 6/01/2003 END USER LICENSE AGREEMENT FOR SOFTWARE DOWNLOADED FROM MOVABLETYPE.ORG (FOR NON-COMMERCIAL, PERSONAL USES OF THE SOFTWARE, PLEASE SEE OUR LICENSE PAGE AND LICENSE AT http://www.movabletype.org/license.shtml ) THIS IS A CONTRACT between you (either an individual or a single entity) and the owner of the MOVABLE TYPE personal publishing software ("Licensor" or "us") and covers your use of the MOVABLE TYPE (Basic) software, related software components, and documentation (all of which are referred to herein as the "Software"). BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. Limited Commercial Use License. In order to make it easy to obtain a license to use the Software for certain frequently requested commercial and non-personal uses, we have prepared this Limited Commercial Use License. Only the limited commercial or non-personal uses of the Software expressly described below can be licensed under this Limited Commercial Use License. We have worked hard to create a licensing program that is centered around the varied needs of our licensees. If you would like us to consider issuing a license for a commercial or non-personal use of the Software other than those described below, please contact us at licensing@movabletype.org. A separate Limited Commercial Use License, and the payment of a separate License Fee is required for each of the following separate uses: Company Website. If you are a company and you want to use one copy of the Software on one web server as a publishing system for a single company intranet or internet website, and you do not charge a fee to access or use your website. Commercial Website. If you have a commercial website and want to use one copy of the Software on one web server as a publishing system for a single website, and you do not charge a fee to access or use your website. Web Developer Installed Website. If you are a web developer and want to install one copy of the Software on one web server as a publishing system for a single website that you are designing for a client. The client website must be either one of the two types of websites described above for which a Limited Use License is available, or a website license under Licensor's Personal, Non-Commercial Use License. A single License Fee shall be payable by either you or by the client, with the license issued to both you and the client. 30 Day Free Evaluation Period. Please take up to 30 days after you start using the Software as described above ("Evaluation Period") to determine whether it meets your needs and performs to your satisfaction. Licensor grants you the non-exclusive, non-transferable right to install the Software on one web server and evaluate its use, for the Evaluation Period, as a publishing system for a single Company Website, Commercial Website, or Web Developer Installed Website as described above. After the Evaluation period ends you agree to either purchase a Limited Commercial Use License or discontinue using the Software except as permitted in the Personal, Non-Commercial Use License at http://www.movabletype.org/commercial_license.shtml . License Fee Payment; Limited Commercial Use License. After you have evaluated the Software and determined that it meets your needs and performs to your satisfaction, upon payment of the License Fee, Licensor grants you the non-exclusive, non-transferable right to install the Software on one web server as a publishing system for a single Company Website, Commercial Website, or Web Developer Installed Website as described above. The License Fee payable shall be the Limited Commercial Use License Fee set forth on the Licensing Page http://www.movabletype.org/commercial_license.shtml on the day you began your 30 day free evaluation. Upon payment of the License Fee you shall have a license (subject to the Termination provisions below) to install and use the Software in accordance with the terms of this Agreement. Refunds. Licensor does not give License Fee refunds. We have designed the 30 Day Free Evaluation period so that you can confirm that the Software suits your needs, and that your server meets the system requirements. License to Updates. Subject to your purchase of a Limited Commercial Use License, you shall have a Limited Commercial Use License to use any updates of MOVABLE TYPE (Basic) 2.x that Licensor makes generally available for download under its royalty free, Personal, Non-Commercial Use License. The update must be used in the same installation as the original version licensed under the Limited Commercial Use License. All updates to the Software shall be governed by the then current version of this license agreement at the time of your download of the update. Payment of the License Fee shall not entitle you to upgrades (MOVABLE TYPE 3.x) or new versions (e.g., MOVABLE TYPE Pro). Powered by Movable Type. The "Powered by Movable Type" logo can be downloaded from http://www.movabletype.org/images/save-on-your-server.gif . If you decide to use the downloadable graphic, please keep all copyright and other notices and logos contained in the graphic intact. Technical Support. Technical support is not provided for the Software. Most common issues can be addressed by the user-to-user support forums available at http://www.movabletype.org/support/ . Restrictions on Use. You may not redistribute the Software without Licensor's prior written consent. Although you may modify or alter the Software for your own use (including copies that extend, or enhance the Software), you may not distribute, transfer, or resell the modified or derivative copies of the Software; you may not use such copies for other than personal, non-commercial purposes; and you may not use such copies in a way that violates the terms of this Agreement. Components of the Software may not be extracted and used in other programs without the prior written consent of Licensor. The Software may not be used for direct, or indirect commercial purposes without first obtaining a Commercial Use License from Licensor that covers your intended use. Licensor shall have the right to determine, in its sole discretion, whether a use is within the scope of the licensed uses described above. Any use of the Software for which you have not obtained a license from Licensor is expressly prohibited. You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensor's written approval. Without limitation, uses which are prohibited under this Limited Commercial Use License include receiving compensation from others for copies or modified copies of the Software; hosting, or offering to host, the Software, on any basis; receiving compensation for any service that uses the Software, including support services. You may not use the Software in violation of any U.S. or international law or regulation. You will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software. No Warranty. The 30 Day Free Evaluation Period is provided so you can determine whether the Software meets your needs and performs to your satisfaction. Accordingly, the Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 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 THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, Limitation of Liability. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL LICENSOR'S LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE SOFTWARE. Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. Indemnification. You agree to indemnify and hold Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity. Termination. This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. This Agreement shall terminate if you do not purchase a license to the Software prior to the expiration of the 30 Day Free Evaluation Period. No notice shall be required from Licensor to effect the termination of this Agreement. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software that you have obtained or made. Governing Law. This Agreement will be governed by the laws of the United States and the State of California, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California. Government End Users. The Software comprises "Commercial Items", 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 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. This Agreement is personal to you, and may not be assigned without Licensor's express written consent. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. Contact Information. If you have any questions about this Agreement, please contact us at legal@movabletype.org. If you have any questions about licensing that aren't answered on our website, please contact us at licensing@movabletype.org